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65ba2bf9ab84c7eca86eac50 | acts |
State of Maharashtra - Act
----------------------------
Hyderabad Atiyat Inquiries Act, 1952
--------------------------------------
MAHARASHTRA
India
Hyderabad Atiyat Inquiries Act, 1952
======================================
Act 10 of 1952
----------------
* Published on 3 September 1956
* Commenced on 3 September 1956
Hyderabad Atiyat Inquiries Act, 1952
Hyderabad Act
No. 10 of 1952
The Act received the assent of the Rajpramukh on the 3rd September, 1956; assent first published in the Hyderabad Gazelle, Extraordinary, No. 204, dated the 5th September, 1956. The Act was published in Gazette, Extraordinary, No. 21, dated 14th March, 1952.
An Act to amend and consolidate the law regarding Atiyat grants, in respect of Atiyat inquiries, inquiries as to claims to succession to, or any right, title or interest in Atiyat grants and matters ancillary thereto.
Preamble. - Whereas it is expedient to amend and consolidate the law regarding Atiyat grants, in respect of Atiyat inquiries, inquiries as to claims to succession to, or any right, title or interest in Atiyat grants and matters ancillary thereto;
It is hereby enacted as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the [Hyderabad Atiyat Inquiries Act, 1952.]
[This Act was amended by the Hyderabad Atiyat Inquiries (Amendment) Act, 1956 (Hyderabad Act No. XXVIII of 1956).]
(1) It extends to the whole of the [Hyderabad area of the State of Maharashtra]
[Substituted by Bombay (Hyderabad Area) A.O., 1956 and then by Maharashtra A.O., 1960.]
.
(2) It shall come into force on such date as the Government may, by notification in the Jarida, appoint in this behalf.
### 2. Definitions.
(1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "Atiyat Court" means a Court or authority competent to make Atiyat inquiries and inquiries as to claims to succession to, and any right, title or interest in Atiyat grants and matters ancillary thereto;
(b) ["Atiyat grants" means-
[The old clause (b) (viz., 'Atiyat grants' includes Inams and cash grants known as Rusums, Youmiahs, Marnuls, Saliana, Imtiyazi Mahars, Pensions and any other allowance granted by the State for the performance of certain duties past or present, or as charities without the obligation of any service) has been substituted by the present clause by Hyderabad Act No. XXVIII of 1956.]
(i) in the case of jagirs abolished under the Hyderabad (Abolition of Jagirs) Regulation, 1358 Fasli (LXIX of 1358 F.) the commutation sums payable in respect thereof under the Hyderabad Jagirs (Commutation) Regulation, 1359 Fasli (XXV of 1359 F.);
(ii) inams to which the Hyderabad Abolition of Inams Act, 1954 (VIII of 1955) is not applicable;
(iii) in the case of inams abolished under the Hyderabad Abolition of Inams Act, 1954 (VIII of 1955), the compensation payable under that Act;
(iv) cash grants to which the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952) is not applicable;
(v) cash grants temporarily continued under the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952);
(vi) in the case of cash grants abolished under the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952) subject to payment of compensation, the compensation payable in respect thereof;].
(c) "Muntakhabs and Vasiqas" means documents issued by competent authorities as a result of inam or succession inquiries held under the Dastoor Amal Inams or other Government orders on the subject and issued by way of continuance or confirmation of Atiyat grants;
(d) "Holding an Atiyat grant" means the enjoyment of the Atiyat grant on the basis of a Muntakhab, a Vasiqa and order of a competent authority;
(e) "Holder of an Atiyat grant" means a person or institution actually holding the Atiyat grant;
(f) [ Omitted]
[Clause (f) has been omitted by Hyderabad Act No. XXVIII of 1956.]
(g) "Prescribed" means prescribed by rules made under this Act.
(2) Words and expressions used in this Act but not defined therein shall have the meaning assigned to them in the Hyderabad Land Revenue Act.
General Provisions as to Atiyat Grants
### 3. [ Continuance of Atiyat grants.
[The old Section 3 viz., 'All Atiyat grants held immediately before the commencement of this Act shall, subject to the provisions of the Hyderabad Enfranchised Inams Act, 1952, continue to be held by the holders thereof and after them by their successors, if any, subject to the conditions laid down in the Muntakhabs or Vasiqas, if any, relating thereto and to the provisions of this Act' has been substituted by the present Sections 3 and 3-A by Hyderabad Act No. XXVIII of 1956.]
- All Atiyat grants shall, subject to the provisions of the Hyderabad Abolition of Jagirs Regulation, 1358 Fasli (LXIX of 1358 F.), the Hyderabad Abolition of Cash Grants Act, 1952 (XXXIII of 1952) and the Hyderabad Abolition of Inams Act, 1954 (VIII of 1955) continue to be held by the holders thereof subject to the conditions laid down in the Muntakhabs or Vasiqas, if any, relating thereto and to the provisions of this Act.]
### 3A. Inquiries as to Atiyat grants.
(1) In the case of Atiyat grants specified in sub-clause (i) of clause (b) of sub-section (1) of section 2, Atiyat inquiries and inquiries as to any right, title or interest therein shall, notwithstanding anything contained in the Hyderabad (Abolition of Jagirs) Regulation, 1358 Fasli (LXIX of 1358 F.), be held in Atiyat Courts in accordance with the provisions of this Act, and in the course of such inquiries, Atiyat Courts shall also be competent to inquire into claims to succession arising in respect of such grants :
Provided that, claims to succession arising after the completion of Atiyat inquiry of any such grant shall not be entertained in any Atiyat Court and all such claims shall be filed in and decided by the competent Civil Court.
(2) In the case of Atiyat grants specified in sub-clauses (ii) to (vi) of clause (b) of sub-section (1) of section 2, all Atiyat inquiries, inquiries as to claim to succession to, or any right, title or interest therein and matters ancillary thereto shall be held in Atiyat Courts in accordance with the provisions of this Act.
### 4. Inquiries to Atiyat grants in jagirs.
- Notwithstanding anything contained in section 3, continuance of Atiyat grants in the erstwhile Jagir areas or granted by erstwhile Jagirdars shall be subject to inquiries made for that purpose and for confirmation in accordance with rules made under this Act.
### 5. Consequences of breach of conditions of Muntakhab or Vasiqa.
- For the breach of the conditions contained in any Muntakhab or Vasiqa relating to an Atiyat grant or for other sufficient cause, the Government after giving an opportunity to the holder of the Atiyat grant to be heard, may by order resume the grant or modify the terms and conditions specified in any Muntakhab or Vasiqa relating thereto or pass such other orders in respect of the Atiyat grant as Government may think fit.
### 6. Prohibition of alienation or encumbrance and exemption attachment by Court.
- Atiyat grants shall not be liable to be transferred or encumbered in any manner or to any extent whatsoever and it shall not be lawful for any Court to attach or sell any Atiyat grant or any portion or share thereof :
Provided that, half the income of the Atiyat grant shall be attachable in execution of a decree through the Revenue Department.
### 7. Succession.
- Subject to the provisions of this Act, succession to Atiyat grants shall, after the commencement of this Act, be regulated by the personal law applicable to the last holder.
Constitution of Atiyat Courts, their Jurisdiction and Procedure
### 8. Classes of Atiyat Courts.
- Notwithstanding the provisions of any law for the time being in force, there shall be the following classes of Atiyat Courts:-
(a) Atiyat Deputy Collectors;
(b) Atiyat Collectors;
(c) Nazim Atiyat; and
(d) Board of Revenue :
[Provided that, the Government may, by notification in the Official Gazette, appoint the [date]
[Proviso to this section has been inserted by Hyderabad Act No. XXVIII of 1956.]
on which the Court of Nazim Atiyat shall cease to exist and as from that date (hereinafter referred to as the appointed date) the Courts mentioned in clauses (a) , (b) and (d) shall be the classes of Atiyat Courts.
Explanation. - The Court of Atiyat Deputy Collector includes the Court of Atiyat Assistant Collector.]
### 9. Investure of powers.
- Government may, by notification in the Jarida, invest any officer [or authority]
[In this section the words 'or authority' have been inserted by Hyderabad Act No. XXVIII of 1956.]
with the powers of any Atiyat Court mentioned in [clauses (a) , (b) or (c) of] section 8, specifying the area within which the powers may be exercised.
### 10. Jurisdiction and procedure of Atiyat Courts.
(1) The original jurisdiction of Atiyat Courts shall be regulated in the manner specified in the Schedule and the procedure thereof including the time within which and the manner in which appeals may be filed against their decisions under this Act shall be such as may be prescribed.
(2) [ All original cases pending in the Court of Nazim Atiyat on the appointed date shall be transferred to the Court of the concerned Atiyat Collector, and all original cases pending on the date in the Court of Atiyat Collector which as from that date fall within the jurisdiction of the Atiyat Deputy Collector shall be transferred to the Court of the concerned Atiyat Deputy Collector, and on such transfer, the Atiyat Collector or the Atiyat Deputy Collector, as the case may be, shall dispose of such cases as if they had been filed in his own Court. If the Atiyat grant involved in any such case falls within the jurisdiction of the Court of more than one Atiyat Collector or Atiyat Deputy Collector, as the case may be, the Board of Revenue shall determine the Court of the Atiyat Collector or Deputy Collector to which such case shall be transferred. The order of the Board of Revenue in this behalf shall be final and no appeal or revision shall lie therefrom.]
[Sub-section (2) has been inserted by Hyderabad Act No. XXVIII of 1956.]
### 11. [ Appeals.
[This section has been substituted for the old section by Hyderabad Act No. XXVIII of 1956.]
(1) From the original decision of -
(a) an Atiyat Deputy Collector, an appeal shall lie to the Atiyat Collector;
(b) an Atiyat Collector, an appeal shall lie to the Nazim Atiyat before the appointed date, and as from that date to the Board of Revenue;
(c) the Nazim Atiyat, an appeal shall lie to the Board of Revenue.
(2) Before the date of the publication of the Hyderabad Atiyat Inquiries (Amendment) Act, 1956, in the Official Gazette, from the appellate decision of an Atiyat Collector, an appeal shall lie to the Nazim Atiyat and from an appellate decision of the Nazim Atiyat to the Board of Revenue whose decision shall be final.
(3) As from the date referred to in sub-section (2), the appellate decision of an Atiyat Collector, whether passed before or after that date, shall be final and no further appeal or revision shall lie therefrom :
Provided that, nothing in this sub-section shall be so construed as to affect in any way any appeal pending on that date in the Court of the Nazim Atiyat or the Board of Revenue, and such appeal shall be continued and disposed of, and the decision passed therein shall be final and no further appeal or revision shall lie therefrom.
(4) All appeal cases pending in the Court of the Nazim Atiyat on the appointed date, shall be transferred to the Board of Revenue and on such transfer the Board of Revenue shall dispose of such cases as if they had been filed in the Board of Revenue. The decision of the Board of Revenue shall be final and no appeal or revision shall lie therefrom.]
Miscellaneous
### 12. Decision of Civil Courts to prevail on questions of succession, legitimacy, etc.
(1) In so far as question of succession, legitimacy, divorce or other questions of personal law are concerned, the final decision of a Civil Court shall be given effect to by the Atiyat Court established under this Act on the decision being brought to its notice by the party concerned or otherwise irrespective of whether the decision of the Atiyat Court was given before or after the decision of the Civil Court.
(2) [ If in the course of any inquiry as to claims to succession, any dispute arises involving questions of succession, legitimacy, divorce or other questions of personal law, the Atiyat Court shall direct the parties to get the dispute decided in the competent Civil Court. On the production of the final decision of Civil Court, the Atiyat Court shall give effect to such decision.]
[Sub-section (2) has been inserted by Hyderabad Act No. XXVIII of 1956]
### 13. Finality of decision of the Atiyat Court and of certain other decisions.
(1) Except as provided in this Act, the decision of an Atiyat Court shall be final and shall not be questioned in any Court of law.
(2) The orders passed in cases relating to Atiyat grants including jagirs on or after the 18th September, 1948 and before the commencement of this Act by the Military Governor, the Chief Civil Administrator or the Chief Minister of Hyderabad or by the Revenue Minister by virtue of powers given or purporting to be given to him by the Chief Minister shall be deemed to be the final orders validly passed by a competent authority under the law in force at the time when the order has passed and shall not be questioned in any court of law.
### 13A. [ Powers of Atiyat Courts when holding inquiries under this Act.
[This section has been inserted by Hyderabad Act No. XXVIII of 1956.]
- Every Atiyat Court shall, when holding an inquiry under this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and other material objects;
(c) issuing commission for examination of witnesses;
(d) such other matters as may be prescribed; and every inquiry or investigation by an Atiyat Court shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (XLV of 1860).]
### 14. Rules.
- Government may make rules for carrying out the puipose of this Act and in particular for anything which may be prescribed under this Act.
### 15. Repeal.
- Dastoor-ul-Amals Inams, and Circular No. 10 of 1338 Fasli and all other circulars amending or supplementing the same are hereby repealed :
Provided that, -
(a) any rule, order or notification made or issued under the circulars hereby repealed in so far as it is not inconsistent with the provisions of this Act shall be deemed to have been made or issued under this Act and shall continue to be in force until it is superseded thereunder;
(b) all suits, appeals and applications pending immediately before the commencement of this Act before an Atiyat Court or before the Atiyat Appeal Committee [shall, until such time as no procedure is prescribed therefor under this Act, be continued and disposed of as if this Act, had not been passed and on such procedure being prescribed, they shall, notwithstanding anything contained in the Hyderabad (Abolition of Jagirs) Regulation, 1358 Fasli (LXIX of 1358 F.) or any other law for the time being in force, be continued and disposed of in accordance with such procedure as if they had been filed under this Act,]
[These words have been substituted for the words 'shall be continued and disposed of as if this Act had not been passed' by Hyderabad Act No. XXVIII of 1956.]
but such cases may be heard and disposed of by the same Court or Committee before whom they are pending immediately before the commencement of this Act or by any other Atiyat Court or authority appointed for the purposes by the Government by a general or special order.
### 16. [ Savings.
[This section has been substituted for the old section viz., 'The provisions of this Act shall cease to be applicable to any Inam to which at any time the Hyderabad Enfranchised Inams Act, 1952 is made applicable' by Hyderabad Act No. XXVIII of 1956.]
- The provisions of this Act shall cease to be applicable -
(a) to an Atiyat grant specified in sub-clause (i) of clause (b) of sub-section (1) of section 2 when the commutation sum has ceased to be payable;
(b) to an Atiyat grant specified in sub-clause (iii) of clause (b) of sub-section (1) of section 2, when the compensation has ceased to be payable;
(c) to an Atiyat grant specified in sub-clause (v) of sub-section (1) of section 2, when such grant has ceased to continue;
(d) to an Atiyat grant specified in sub-clause (vi) of clause (b) of sub-section (1) of section 2, when the compensation has ceased to be payable.]
[Schedule]
[This Schedule has been substituted for the old Schedule by Hyderabad Act No. XXVIII of 1956.]
Original Jurisdiction of Atiyat Courts
| | | | |
| --- | --- | --- | --- |
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Atiyat Deputy Collector
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Atiyat Collector
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Nazim Atiyat
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|
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Description of Atiyat grant
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Before the appointed date
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As from the appointed date
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Before the appointed date
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As from the appointed date
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Before the appointed date
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|
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1
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2
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3
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4
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5
|
6
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1.
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Atiyat grants other than cash
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Total annual land assessment upto Rs. 250.
|
Total annual land assessment upto Rs. 5,000.
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Beyond the powers of Atiyat Dy. Collector up to an annual
land assessment of Rs. 5,000.
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Beyond the powers of Atiyat Dy. Collector without any limit.
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Beyond the powers of Atiyat Collector without any limit.
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2.
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Cash grants.
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Upto Rs. 100 annually.
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Upto Rs. 1,000 annually.
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Beyond the powers of Atiyat Dy. Collector upto Rs. 1,000
annually.
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Beyond the powers of Atiyat Dy. Collector without any limit.
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Beyond the powers of Atiyat Collector without any limit.
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65b9b6ccab84c7eca86e9b40 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Reserved Forest (Commutation of Rights) Rules, 1960
-------------------------------------------------------------------
RAJASTHAN
India
The Rajasthan Reserved Forest (Commutation of Rights) Rules, 1960
===================================================================
Rule THE-RAJASTHAN-RESERVED-FOREST-COMMUTATION-OF-RIGHTS-RULES-1960 of 1960
-----------------------------------------------------------------------------
* Published on 23 January 1961
* Commenced on 23 January 1961
The Rajasthan Reserved Forest (Commutation of Rights) Rules, 1960
Published vide Notification No. F. 15 (197) Revenue/A/58/3, dated 23-1-1961, published in Rajasthan Gazette, Part 4-C, dated 13-4-1961
In exercise of the powers conferred by section 16, of the Rajasthan Forest Act, 1953 (Act No. XIII of 1953), the State Government hereby makes the following Rules, namely-
### 1. Title and Commencement.
(1) These Rules may be called the Rajasthan Reserved Forest (Commutation of Rights) Rules, 1960.
(2) They shall come into force at once.
### 2. Commutation of Rights.
- Commutation of all rights under section 16 of the Act shall not exceed 20 times the value of the forest produce at the time of commutation, whether by cash payment or by grant of land:
Provided that commutation of rights on land, by grant of land shall be subject to the condition that the land given in exchange shall not be more than twice the area of the land commuted.
|
65ba75b0ab84c7eca86eb74e | acts |
Union of India - Act
----------------------
The Forest (Conservation) Amendment Act, 2023
-----------------------------------------------
UNION OF INDIA
India
The Forest (Conservation) Amendment Act, 2023
===============================================
Act 15 of 2023
----------------
* Published in Gazette of India on 4 August 2023
* Not commenced
An Act further to amend the Forest (Conservation) Act, 1980.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
### 1. Short title and commencement.
(1) This Act may be called the Forest (Conservation) Amendment Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Insertion of preamble.
In the Forest (Conservation) Act, 1980 (hereinafter referred to as the principalAct), after the long title and before the enacting formula, the following preamble shall be inserted, namely:—
"WHEREAS, the importance of forests is to be realised to enable achievement of national targets of Net Zero Emission by 2070 and maintain or enhance the forest carbon stocks through ecologically balanced sustainable development;
AND WHEREAS, Nationality Determined Contribution targets of the country envisage creating carbon sink of additional 2.5 to 3.0 billion tons of CO2 equivalent by 2030;
AND WHEREAS, the country envisages an increase in the forest and tree cover to one-third of its land area, which is to be given impetus with an enhanced growth trajectory;
AND WHEREAS, India has a rich tradition of preserving forests and their bio-diversity, and, therefore, enhancing forest based economic, social and environmental benefits, including improvement of livelihoods for forest dependent communities is envisaged;
AND WHEREAS, it is necessary to provide for provisions relating to conservation management and restoration of forests, maintaining ecological security, sustaining cultural and traditional values of forests and facilitating economic needs and carbon neutrality.".
### 3. Insertion of new section 1.
In section 1 of the principal Act, in sub-section (1) , for the words and brackets
"Forest (Conservation) Act", the words and brackets "Van (Sanrakshan Evam Samvardhan) Adhiniyam" shall be substituted.
### 4. Insertion of new section 1A.
After section 1 of the principal Act, the following section shall be inserted, namely:—
1A. Act to cover certain land.
(1) The following land shall be covered under the provisions of this Act, namely:—
(a) the land that has been declared or notified as a forest in accordance with the provisions of the Indian ForestAct, 1927 or under any other law for the time being in force;
(b) the land that is not covered under clause (a), but has been recorded in Government record as forest, as on or after the 25th October, 1980:
Provided that the provisions of this clause shall not apply to such land, which has been changed from forest use to use for non-forest purpose on or before the 12th December, 1996 in pursuance of an order, issued by any authority authorised by a State Government or an Union territoryAdministration in that behalf.
Explanation.—For the purposes of this sub-section, the expression
"Government record" means record held by Revenue Department or Forest Department of the State Government or Union territory Administration, or any authority, local body, community or council recognised by the State Government or Union territory Administration.
(2) The following categories of land shall not be covered under the provisions of thisAct, namely:—
(a) such forest land situated alongside a rail line or a public road maintained by the Government, which provides access to a habitation, or to a rail, and roadside amenity up to a maximum size of 0.10 hectare in each case;
(b) such tree, tree plantation or reafforestation raised on lands that are not specified in clause (a) or clause (b) of sub-section (1); and
(c) such forest land,—
(i) as is situated within a distance of one hundred kilometres along international borders or Line of Control or Line ofActual Control, as the Amendment of section 1.
Act to cover certain land.
(ii) up to ten hectares, proposed to be used for construction of security related infrastructure; or
(iii) as is proposed to be used for construction of defence related project or a camp for paramilitary forces or public utility projects, as may be specified by the Central Government, the extent of which does not exceed five hectares in a Left Wing Extremism affected area as may be notified by the Central Government.
(3) The exemption provided under sub-section (2) shall be subject to such terms and conditions, including the conditions of planting trees to compensate felling of trees undertaken on the lands, as the Central Government may, by guidelines, specify.’.
### 5. Amendment of section 2.
In the principal Act, section 2 shall be renumbered as sub-section (1) thereof and—
(a) in sub-section (1) as so renumbered,—
(I) in clause (iii), for the words "not owned, managed or controlled by Government", the words ", subject to such terms and conditions, as the Central Government may, by order, specify" shall be substituted;
(II) in the Explanation, for the long line occurring after clause (b), the following shall be substituted, namely:—
"but does not include any work relating to or ancillary to conservation, development and management of forests and wildlife, such as—
(i) silvicultural operations including regeneration operations;
(ii) establishment of check-posts and infrastructure for the front line forest staff;
(iii) establishment and maintenance of fire lines;
(iv) wireless communications;
(v) construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches and pipelines;
(vi) establishment of zoo and safaris referred to in the Wild Life (Protection) Act, 1972, owned by the Government or any authority, in forest areas other than protected areas;
(vii) eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and
(viii) any other like purposes, which the Central Government may, by order, specify.";
(b) after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—
"(2) The Central Government may, by order, specify the terms and conditions subject to which any survey, such as, reconnaissance, prospecting, investigation or exploration including seismic survey, shall not be treated as non-forest purpose.".
### 6. Insertion of new section 3C
In the principal Act, after section 3B, the following section shall be inserted, namely:—
3C. Power of Central Government to issue directions
The Central Government may, from time to time, issue such directions, to any authority under the Central Government, State Government or Union territory Administration, or to any organisation, entity or body recognised by the Central Government, State Government or Union territoryAdministration, as may be necessary for the implementation of this Act.".
|
65b9f297ab84c7eca86ea4bd | acts |
State of West Bengal - Act
----------------------------
The Bengal Natural History Society (Acquisition Of The Natural History Museum) Act, 1993
------------------------------------------------------------------------------------------
WEST BENGAL
India
The Bengal Natural History Society (Acquisition Of The Natural History Museum) Act, 1993
==========================================================================================
Act 24 of 1993
----------------
* Published on 20 October 1994
* Commenced on 20 October 1994
The Bengal Natural History Society (Acquisition Of The Natural History Museum) Act, 1993
West Bengal Act
24 of 1993
[20th October, 1994.]
Assent of the President first published in the Calcutta Gazette. Extraordinary, dated the 20th October, 1994.
An Act to provide for the acquisition, in the public interest, of the Natural History Museum of the Bengal Natural History Society, and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the acquisition, in the public interest, of the Natural History Museum of the Bengal Natural History Society at Darjeeling, and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
### 1. Short title and commencement. -
(1) This Act may be called the Bengal Natural History Society (Acquisition of the Natural History Museum) Act, 1993.
(2) 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) "appointed day" means the date on which this Act comes into force;
(b) "former date" means the 14th day of May, 1976, being the date of taking over by the State Government of the management of the Museum on the basis of the resolution in this behalf adopted by the Society at its meeting held on the 22nd day of December, 1975;
(c) "Museum" means the Natural History Museum of the Society together with all property, movable and immovable, including specimens of rare species of birds, mammals, fishes, snakes, butterflies, moths and other insects, furniture and fixtures, all lands and buildings, libraries, scores, film equipments (including projectors), slides, utensils, taxidermist instruments and other articles held or used in connection with, or as accessories to, or as adjuncts of, the Museum, and all books of account, registers and all other documents of whatever nature relating thereto;
(d) "Notification" means a notification published in the Official Gazette',
(e) "Society" means the Bengal Natural History Society at Darjeeling.
### 3. Acquisition of the Museum. -
On and from the appointed day, the Museum shall, by virtue of this Act, stand transferred to, and vest absolutely in, the State Government.
### 4. General effect of vesting. -
(1) The Museum which has vested in the State Government under section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court, tribunal or other authority restricting the use of the whole or any part of the Museum in any manner shall be deemed to have been withdrawn.
(2) The Museum shall be run by the State Government as a State institution.
(3) Any contract, whether express or implied, or other arrangement, whether made under any statute or otherwise, in relation to the affairs of the Museum and in force immediately before the appointed day shall be deemed to have terminated on the appointed day.
(4) Where any licence or other instrument in relation to the Museum had been granted at any time before the appointed day to the Museum by the Central Government or the State Government or any other authority, the State Government shall, on and from the appointed day, be deemed to be substituted in such licence or other instrument in place of the Museum referred to therein as if such licence or other instrument had been granted to it.
(5) Any liability incurred by the Museum (including the liability, if any, arising in respect of any loans or amounts advanced by the State Government to the Museum together with interest thereon) on or after the former date, shall, on and from the appointed day, be the liability of the State Government.
(6) If, on the appointed day, any suit, appeal or other proceeding of whatever nature in relation to any matter in respect of the Museum, is pending, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Museum or of anything contained in this Act, and the suit, appeal or other proceeding may be continued, proceeded with and enforced by or against the State Government.
(7) Any person in possession or custody or control of the whole or any part of the Museum on the date immediately before the appointed day shall, on the appointed day, deliver the possession of the Museum or part thereof to the State Government or to such person as may be specified by the State Government in this behalf.
(8) The State Government may take, or cause to be taken, such steps as it considers necessary for securing the possession of the Museum which has vested in the State Government under section 3.
### 5. Acquisition without compensation. -
For the removal of doubts, it is hereby declared that there shall not be paid any compensation for the acquisition of the Museum by authority of this Act under article 300A of the Constitution of India.
### 6. Penalty. -
(1) Any person who,-
(a) having in his possession, custody or control any property forming part of the Museum, wrongfully withheld such property from the State Government or any person authorised by that Government in this behalf, or
(b) wrongfully obtains possession of, or retains, any property forming part of the Museum or wilfully withholds or fails to furnish to the State Government or any person authorised by that Government any document relating to the Museum which may be in his possession, custody or control or fails to deliver to the State Government or any person authorised by that Government any property forming part of the Museum or books of account, registers or other documents in his custody relating to the Museum, or
(c) wrongfully removes or destroys any property forming part of the Museum or prefers any claim under this Act which he knows or has reason to believe to be false or grossly inaccurate, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both :
Provided that the court trying any offence punishable under this Act shall, at the time of convicting the accused person, order him to deliver or refund within such time as may be fixed by the court such property or any part thereof wrongfully withheld or wrongfully obtained or retained or such document wilfully withheld or not furnished or such property, books of account, registers or other documents not delivered.
(2) No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government or of an officer authorised by that Government in this behalf.
### 7. (1) Every person (not being a part-time or over-aged employee) who has been an employee of the Museum immediately before the appointed day shall, on and from the appointed day, become an employee of the State Government and, subject to the first proviso to this sub-section, shall hold office or service under the State Government on the same terms and conditions as would have been admissible to him if there had been no vesting of the Museum in the State Government and shall continue to do so unless and until his employment under the State Government is duly terminated or until within six months from the appointed day his remuneration and other conditions of service are duly altered by the State Government:
Provided that every person (not being a part-time or over-aged employee) who had been an employee of the Museum on the former date or on any date subsequent to the former date shall, in respect of the service rendered as such employee for any period commencing from such date till the date immediately before the appointed day, be entitled to such pay and allowances and pension (including gratuity) as the State Government may determine :
Provided further that any employee who is unwilling to continue in service in terms of the provisions of this sub-section may give three months notice to the State Government to that effect and thereupon his service shall stand terminated with effect from the date immediately after the expiration of three months from the date of such notice.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of the services of any employee of the Museum to the State Government shall not entitle him to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.
### 8. Protection of action taken in good faith. -
No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of that Government or any officer or other person authorised by that Government for anything which is in good faith done or intended to be done under this Act.
### 9. Act to have overriding effect. -
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act, or in any judgement, decree or order of any court, tribunal or other authority.
### 10. Power to make rules. -
(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the matters which may be, or are required to be, prescribed by rules under this Act.
### 11. Power to remove difficulties. -
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the appointed day.
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65ba1ecdab84c7eca86eaa6a | acts |
State of Maharashtra - Act
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The Maharashtra Regional and Town Planning Act, 1966
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MAHARASHTRA
India
The Maharashtra Regional and Town Planning Act, 1966
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Act 37 of 1966
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* Published on 22 January 1969
* Commenced on 22 January 1969
The Maharashtra Regional and Town Planning Act, 1966
Maharashtra Act
No. 37 of 1966
For Statement of Objects and Reasons, see Maharashtra Government Gazette, Extraordinary, 1966, Part V, pages 205-207.
[Received the assent of the President on the 13th day of December, 1966; assent first published in the Maharashtra Government Gazette, Part IV, on the 20th day of December, 1966.]
An Act to make provision for planning the development and use of land in Regions established for that purpose and for the constitution of Regional Planning Boards therefor; to make better provisions for the preparation of Development Plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective; to provide for the creation of new towns by means of Development Authorities; to make provisions for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid.
Whereas, it is expedient to make provision for planning the development and use of land in Regions established for that purpose and for the constitution of Regional Planning Boards therefor; to make better provision for the preparation of Development plans with a view to ensuring that town planning schemes are made in a proper manner and their executions is made effective; to provide for the creation of new towns by means of Development Authorities; to make provision for the compulsory acquisition of land required for public purposes in respect of the plans; and for purposes connected with the matters aforesaid. It is hereby enacted in the Seventeenth Year of the Republic of India as follows :-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Maharashtra Regional and Town Planning Act, 1966.
(2) It shall extend to the whole of the State of Maharashtra.
(3) It shall come into force on such [date]
[11th day of January, 1967 (vide G. N., U. D., P. H. & H. D., No. TPA. 1166/72383-Uni-II, dated 11th January, 1967).]
as the State Government may, by notification in the Official Gazette, appoint but the State Government may if it thinks fit bring different provisions of this Act into force at different times.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(1) "agriculture" includes horticulture, poultry farming, the raising of crops, fruits, vegetables, flowers, grass or trees of any kind, breeding of livestock including cattle, horses, donkeys, mules, pigs, breeding of fish and keeping of bees, the use of land for grazing, cattle and for any purpose which is ancillary to its cultivation or other agricultural purpose;
but does not include the use of land as a garden which is an appendage to a building; and "agricultural" shall be construed accordingly;
(2) [ "Amenity" means roads, streets, open spaces, parks, recreational grounds, play grounds, sports complex, parade grounds, gardens, markets, parking lots, primary and secondary schools and colleges and polytechnics, clinics, dispensaries and hospitals, water supply, electricity supply, street lighting, sewerage, drainage, public works and includes other utilities, services and conveniences;]
[Clause (2) was substituted for the Original and shall be deemed to have been substituted on the 25th March, 1991, by Maharashtra 10 of 1994, Section 2(a).]
(3) "Appropriate Authority" means any public authority on whose behalf land is designated for a public purpose in any plan or scheme and which it is authorised to acquire;
(4) "Arbitrator" means a person appointed as the Arbitrator for the purposes of any scheme or schemes under section 72;
(5) "Building operations" include erection or re-erection of a building or any part thereof, roofing or re-roofing of any part of a building or of any open space, any material alteration or enlargement of a building, any such alteration of a building as is likely to affect an alteration of its drainage or sanitary arrangement or materially affect its security or the construction of a door opening on any street or land not belonging to the owner;
(6) "Court' means in Greater Bombay, the Bombay City Civil Court; and elsewhere, the principal civil court of original jurisdiction; and includes any other civil court of a Judge of Senior Division or a Judicial Officer empowered by the State Government to perform the functions of the Court under this Act within the pecuniary and local limits of its jurisdiction;
(6A)
[ "Designated Officer" means the officer designated under sub-section (8) of section 53.]
[Clause (6A) was inserted by Maharashtra 2 of 2012, Section 29, (w.e.f. 4-8-2012).]
(7) "development" with its grammatical variation means the carrying out of buildings, engineering, mining or other operations in or over or under, land or the making of any material change, in any building or land or in the use of any building or land [or any material or structural change in any heritage building or its precinct]
[These words were inserted by Maharashtra 39 of 1994, Section 2(a) .]
[and includes [demolition of any existing building structure or erection or part of such building, structure of erection; and]
[These words were substituted for the words and includes layout and sub-division of any land' by Maharashtra 21 of 1971, Section 2(1) .]
[reclamation,]
[This word was inserted by Maharashtra 31 of 1983, Section 2.]
redevelopment and lay-out and sub-division of any land; and "to develop" shall be construed accordingly];
(8) "Development Authority" means a New Town Development Authority [constituted or declared under section 113]
[These words were substituted for the word 'constituted' by Maharashtra 21 of 1971, Section 2(2) .]
;
(9) "Development plan" means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority [ [and includes revision of a development plan and]
[These words were inserted by Maharashtra 30 of 1972, Section 2(1) .]
proposals of a special planning Authority for development of land within its jurisdiction];
(9A)
[ "development right" means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of right to utilise the Floor Space Index of land utilisable either on the remainder of the land partially reserved for a public purpose or elsewhere, as the final Development Control Regulations in this behalf provide;]
[Clause (9A) was inserted and shall be deemed to have been inserted on the 25th March, 1991, by Maharashtra 10 of 1994, Section 2(c) .]
(10) "Director of Town Planning" means the officer appointed by the State Government as the Director of Town Planning;
(11) "engineering operations" include the formation or laying out of a street or means of access to a road or laying out of means of water-supply, drainage, electricity, gas or other public service;
(12) "existing-land-use map" means a map indicating the use to which lands in any specified area are put at the time of preparing the map;
(13) "final plot' means a plot allotted in a final town planning scheme;
(13A)
[ "Floor Space Index" means the quotient or the ratio of the combined gross floor area to the total area of the plot, viz :-
[Clause (13A), (13B) and (13C) were inserted by Maharashtra 39 of 1994, Section 2(b) .]
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Floor Space Index =| Total covered area of all floorsPlot area
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(13B)
"Heritage building" means a building, possessing architectural, aesthetic, historic or cultural values which is declared as heritage building by the Planning Authority in whose jurisdiction such building is situated;
(13C)
"Heritage precinct" means an area comprising heritage building or buildings and precincts thereof or related places;]
(14) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
(15) "local authority" means-
(a) the 'Bombay Municipal Corporation constituted under the Bombay Municipal Corporation Act, or the Nagpur Municipal Corporation constituted under the City of Nagpur Municipal Corporation Act, 1948, or any Municipal corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949,
(b) [ a Council and a Nagar Panchayat constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township Act, 1965,]
[Sub-clause (b) was substituted by Maharashtra 10 of 2000, Section 2 (w.e.f. 11-10-1999).]
(c) (i)
a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961,
(ii) [ the Authority constituted under the Maharashtra Housing and Area Development Act, 1976]
[Sub-paragraph (ii) was substituted by Maharashtra 28 of 1977, Section 191(a).]
,
(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936,]
which is permitted by the State Government for any area under its jurisdiction to exercise the powers of a Planning Authority under this Act;
(16) "local newspaper" in relation to any area within the jurisdiction of a Regional Planning Board, Planning Authority or of a Development Authority, means any newspaper published or circulated within that area;
(17) "occupier" includes a tenant, an owner in occupation of, or otherwise using his land, a rent-free tenant in any land, and any person in lawful possession of any land who is liable to pay to the owner compensation for the use and occupation of the land;
(18) "owner" includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purpose, the rents or profits of the property in connection with which it is used;
(19) [ "Planning Authority" means a local authority; and includes,-
[Clause (19) was substituted for the original by Maharashtra 5 of 1996, Section 4.]
(a) a Special Planning Authority constituted or appointed or deemed to have been appointed under section 40;
(b) in respect of the slum rehabilitation area declared under section 3C of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, the Slum Rehabilitation Authority appointed under section 3A of the said Act;]
(20) "prescribed" means prescribed by rules made under this Act;
(21) "plot" means portion of land held in one ownership and numbered and shown as one plot in a town planning scheme;
(22) "reconstituted plot" means a plot which is altered in ownership or in any other way by making of a town planning scheme;
(23) "Region" means any area established to be a Region under section 3;
(24) "Regional Board" or "Board" means a Regional Planning Board constituted under section 4;
(25) "Regional plan" means a Plan for the development or re-development of a Region which is approved by the State Government and has come into operation under this Act;
(26) "Regional Planning Committee" means a committee appointed under section 10;
(27) "regulation" means a regulation made under section 159 of this Act and includes [zoning, special development control regulations]
[These words were substituted for the word 'zoning' by the Maharashtra 22 of 2005, Section 2(a) , (w.e.f. 20-6-2005).]
and other regulations made as a part of a Regional Plan, Development Plan, or Town Planning Scheme;
(28) "residence" includes the use for human habitation of any land or building or part thereof including gardens, grounds, garages, stables and outhouses, if any, appertaining to such land or building;
(29) "rule" means a rule made under this Act;
(30) "scheme" includes a plan relating to a town planning scheme;
(30A)
[ "Special Township Project" means a Special Township Project declared under section 18 or 44, as the case may be;]
[Clause (30A) was inserted by the Maharashtra 22 of 2005, Section 2(b) , (w.e.f. 20-6-2005).]
(31) "Town Planning Officer" means the officer appointed for the time being to be the Town Planning Officer for all or any of the provisions of this Act;
(31A)
[ "undeveloped area" means an area within the jurisdiction of one or more local authorities (not being an area within the jurisdiction of a cantonment board constituted under the Cantonment Act, 1924) which is in the minion of the State Government in a neglected condition, or which is being developed or is in imminent likelihood of being developed in an uncontrolled or haphazard manner, and requires, in the public interest to be developed in a proper and orderly manner;]
[Clause (31A) was Inserted by Maharashtra 30 of 1972, Section 2(2) .]
(32) "Zilla Parishad" means a Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Chapter II
Provisions relating to Regional Plans
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(a) Regions
### 3. Establishment of Region and alteration of its limits.
(1) Subject to the provisions of this section, the State Government may, by notification in the Official Gazette, establish any area in the State, by defining its limits, to be a Region for the purposes of this Act, and may name and alter the name of any such Region. In any case, where any Region is renamed, then all references in any law or instrument or other document to the Region shall be deemed to be a reference to the Region as renamed, unless expressly otherwise provided or the context so requires.
(2) The State Government may, by notification in the Official Gazette,-
(a) alter the limits of a Region, so as to include therein or to exclude therefrom, such area as may be specified in the notification; or
(b) amalgamate two or more Regions so as to form one Region; or
(c) split up any Region into two or more Regions; or
(d) declare that the whole or part of the area comprising a Region shall cease to be a Region or part thereof.
(3) A plan showing the boundaries of the Region as established under this section shall be available for inspection at the office of the Collector and the Mamlatdar or Tahsildar concerned, and on the constitution of the Regional Board therefor, also at the office of the Board.
(b) Constitution of Regional Planning Boards
### 4. Constitution of Regional Planning Boards.
(1) For the purpose of planning the development and use of land in the Region, the State Government shall, by notification in the Official Gazette, constitute Region, the State Government shall, by notification in the Official Gazette, constitute a Regional Planning Board for the Region consisting of a Chairman appointed by the State Government; the Director of Town Planning (or a person nominated by him); such number of persons not exceeding four appointed by the State Government as are members of local authorities functioning in the whole or part of the Region; such number for persons [not exceeding ten]
[These words were substituted for the words 'not exceeding slx' by Maharashtra 24 of 1968, Section 2(a) .]
appointed by the State Government who in the opinion of that Government have special knowledge or practical experience of matters relating to town and country planning, engineering, transport, industry, commerce, or agriculture [; a Town Planning Officer appointed by the State Government and such number of persons not exceeding four appointed by the State Government from the two Houses of the State Legislature, representing the whole or part of the Region, so that not more than two members are appointed from each of the said Houses.
If any Region includes any area which in the opinion of the State Government is important from the military or defence point of view, the members appointed for their special knowledge or practical experience shall include a person suggested by the Government of India in that behalf.]
[This portion was substituted for the words 'and a Town Planning Officer appointed by the State Government', by Maharashtra 24 of 1968 Section 2(b) .]
The State Government may appoint a Vice-Chairman from amongst the other members.
The Town Planning Officer shall be the Secretary to the Regional Board.
(1A)
[ Notwithstanding anything contained in sub-section (1) , the provisions of that sub-section shall not be applicable to the Metropolitan area as defined in clause (c) of section 2 of the Maharashtra Metropolitan Planning Committees (Constitution and Functions) Act, 1999.]
[Sub-section (1A) was inserted by Maharashtra 5 of 2000, Schedule, (w.e.f. 29-6-1999).]
(2) The Regional Board shall have its office at such place as the State Government may appoint, and shall be known by the name specified in the notification constituting it.
### 5. Terms of office and conditions of service of members.
(1) [Subject to the provisions of sub-section (3), the term of office]
[These words, brackets and figure were substituted for the words 'The term of office' by Maharashtra 14 of 1971, Section 2(a) .]
and conditions of service of the members of a Regional Board shall be such as may be prescribed; and the members shall be entitled to receive such remuneration or allowances, or both, as the State Government may by order determine.
(2) [ If the State Government is of opinion that any member is guilty of misconduct in the discharge of his duties, or is incompetent or has become incapable of performing his duties as such member, or should for any other good and sufficient reason be removed, the State Government may, after giving the member an opportunity of showing cause against his removal, remove him from office.] [[Sub-section (2) of section 5 of Maharashtra 14 of 1971 reads as follows:-
'(2) Notwithstanding anything contained in sub-section (1), the New Town Development Authority in existence at the commencement of this Act, shall continue to function until such time as the New Town development Authority Is duly constituted under sub-section (1) of section 113 of the principal Act, as amended by sub-section (7) of this section'.]]
(3) [ A member of the State Legislature while holding the office of a member of the Board shall not be entitled to receive any remuneration or allowance other than travelling allowance, daily allowance or such other allowance which is paid to the holder of such office for the purpose only of meeting the personal expenditure incurred in attending the meeting of the Board or in performing any other functions as holder of such office]
[Sub-section (3) was added by Maharashtra 14 of 1971, Section 2(b).]
.
### 6. Resignation of members.
- Any member of a Regional Board may at any time resign his office by writing under his hand addressed to the State Government, and upon the acceptance thereof the office of the member shall become vacant.
### 7. Vacancies.
- In the event of a vacancy in the office of any member of a Regional Board the vacancy shall be filled by the State Government, and the person so appointed shall hold office so long as the member in whose place he is appointed would have held office, if the vacancy had not occurred.
### 8. Powers and duties of Board.
- Subject to the provisions of this Act and the rules and regulations made thereunder, it shall be the duty of a Regional Board-
(a) to carry out a survey of the Region, and prepare reports on the surveys so carried out;
(b) to prepare an existing-land-use map and such other maps as may be necessary, for the purpose of preparing a Regional Plan;
(c) to prepare a Regional plan;
(d) to perform any other duties or functions as are supplemental, incidental or consequential to any of the foregoing duties, or as may be prescribed by regulations.
### 9. Meetings of Regional Board, etc.
(1) The Regional Board shall meet at such times and places as the Chairman may determine and may, subject to the provisions of sub-sections (2) and (3), make regulations for regulating its procedure and the conduct of its business:
Provided that, after the submission of draft Regional plan to the State Government, the Board shall meet only if so directed by the State Government.
(2) The Chairman and in his absence the Vice-Chairman (if any) and in the absence of the Chairman and the Vice-Chairman, any other member chosen by the members present from amongst themselves, shall preside at a meeting of the Board.
(3) All questions at a meeting of the Board shall be decided by a majority of votes of the members present and voting; and in the case of an equality of votes the person presiding shall have a second or casting vote.
(4) Minutes shall be kept of the names of the members present, and others who attend the meetings of the Board under the provisions of this Act, and of the proceedings at each meeting, in a minute book to be kept for this purpose. The minutes shall be signed at the next ensuing meeting by the person presiding at such meeting, and shall be open to inspection by any member during the office hours.
### 10. Consultation or association with experts; Regional Planning Committee.
(1) A Regional Board may, with the previous sanction of the State Government, associate with itself or consult such persons whose assistance or advise it may desire for the purpose of performing any of its functions under this Act. Such persons may be paid, by the Regional Board such remuneration or fees as may be sanctioned by the State Government.
(2) The person so assisting or advising the Regional Board may take part in the discussions of the Regional Board relevant to the purpose for which he is associated or consulted, but shall not have the right to vote at a meeting, or take part in the discussions of the Regional Board relating to matters connected with any other purpose.
(3) For the purpose of hearing any suggestions and objections received after the publication of a draft Regional Plan under section 16, a Regional Board shall appoint a Regional Planning Committee consisting of the Town Planning Officer and two other members of the Regional Board.
(4) The members of a Regional Planning Committee shall be entitled to such allowances for performing its functions under this Act as may be prescribed.
### 11. Power of Regional Board to appoint staff.
(1) For the efficient performance of its functions under this Act, a Regional Board, or an officer authorised by it, may appoint such officer and other staff as may be necessary. The officers and staff so appointed shall be entitled to receive such salaries or allowances, and shall be governed by such terms and conditions of service, as may be determined by the State Government.
(2) The officers and staff appointed by the Regional Board shall work under the superintendence and control of the Chairman.
### 12. Expenses of Regional Board.
- All expenses incurred by a Regional Board, including expenses incurred on account of salaries, allowances, fees and other remuneration payable to its members and to its officers and other staff (not being salaried Government officers or staff) shall be met from such funds as may be placed at the disposal of the Board by the State Government.
(c) Regional plans
### 13. Survey of Region and preparation of Regional Plan.
- Subject to the provisions of this Act and the rules and regulations made thereunder, a Regional Board shall, with a view to securing planned development and use of land in a Region, carry out a survey thereof, prepare an existing-land-use map thereof and other maps as are necessary for the purpose of preparing the Regional plan, and shall within such period or periods as the State Government, may from time to time, determine in this behalf, prepare a report of the surveys, prepare the Regional plan and such other documents, maps and information as the Regional Board may deem fit for illustrating or explaining the provisions of the Regional plan.
### 14. Contents of Regional Plan.
- Subject to the provisions of this Act and any rules made thereunder for regulating the form of a Regional Plan and the manner in which it may be published, any such Regional plan shall indicate the manner in which the Regional Board propose that land in the Region should be used, whether by carrying put thereon development or otherwise, the stages by which any such development is to be carried out, the network of communications and transport, the proposals for- conservation and development of natural resources, and such other matters as are likely to have an important influence on the development of the Region; and any such plan in particular, may provide for all or any of the following matters, or for such matters thereof as the State Government may direct, that is to say-
(a) allocation of land for different uses, general distribution and general locations of land, and the extent to which the land may be used as residential, industrial, agricultural, or as forest, or for mineral exploitation;
(b) reservation of areas for open spaces, gardens, recreation, zoological garden, nature reserves, animal sanctuaries, dairies and health resorts;
(c) transport and communications, such as roads, highways, railways, waterways, canals and airports, including their development;
(d) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services including electricity and gas;
(e) reservation of sites for new towns, industrial estates and any other large scale development or project which is required to be undertaken for proper development of the Region or new town;
(f) preservation, conservation and development of areas of natural scenery, forests, wild life, natural resources, and land-scaping;
(g) preservation of objects; features, structures or. places of historical natural, architectural or scientific interest and educational value;
(h) areas required for military and defence purposes;
(i) prevention of erosion, provision for afforestation or, reforestation, improvement and redevelopment of water front areas, rivers and lakes;
(j) proposals for irrigation, water supply and hydro-electric, works, flood control and prevention of river pollution;
(k) providing for the relocation of population or industry from over populated and industrially congested areas, and indicating the density or population or the concentration of industry to be allowed in any areas.
### 15. Submission of Regional Plan to State Government for approval.
(1) Every Regional plan shall be submitted to the State Government, together with all connected documents, maps and plans for approval. The State Government may, within the prescribed period, by notification in the Official Gazette, either approve the Regional Plan without modification for the whole Region, or any part thereof; or with such modifications as it may consider necessary, or reject the plan with a direction to the Regional Board to prepare a fresh plan according to such direction.
(2) The State Government may, pending approval of the entire Regional Plan, by a like notification approve separately any proposals or part of the Regional Plan, and any proposals or part so approved shall, on approval of the entire Regional Plan, form part of the entire plan so approved.
### 16. Procedure to be followed in preparing and approving Regional Plans.
(1) Before preparing any Regional plan and submitting it to the State Government for approval, every Regional Board shall, after carrying out the necessary surveys and preparing an existing-land-use map of the Region, or such other maps as are considered necessary, prepare a draft Regional plan [and publish a notice in the Official Gazette and in such other manner as may be prescribed, stating that the draft Regional plan has been prepared. The notice shall state the name of the place where a copy of such plan shall be available for inspection by the public at all reasonable hours mentioned therein and that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price and invite]
[This portion was substituted for the portion beginning with 'and publish it' and ending with 'by rules made in this behalf inviting' by Maharashtra 6 of 1976, Section 3(1) (a).]
objections and suggestions from any person with respect to the draft plan before such date as may be specified in the notice, such date not being earlier than four months from the publication of the notice. [The notice shall also state that copies of the following particulars in relation to the draft Regional plan are also available for inspection by the public and copies thereof or extracts therefrom certified to be correct are also available for sale to the public at a reasonable price at the place so named, namely :-]
[These words were substituted for the words 'The publication of a draft Regional plan may in particular include' by Maharashtra 6 of 1976, Section 3(1) (b).]
(a) a report on the existing-land-use map and the regional survey carried out as aforesaid;
(b) maps, charts and a report illustrating and explaining the provisions of the draft Regional plan and indicating the priorities of works to be executed thereunder;
(c) a report of the stages of the development programme by which it is proposed to execute the Regional plan; and
(d) recommendations to the State Government regarding the directions to be issued to the local authorities in the Region and the different departments of the State Government, if any, in respect of enforcement and implementation of the proposals contained in the draft Regional plan.
(2) The Regional Board shall refer the objections, suggestions and representations received by it to the Regional Planning Committee appointed under section 10 for consideration and report.
(3) The Regional Planning Committee shall, after giving a reasonable opportunity to all persons affected by the Regional plan of being heard, submit its report to the Regional Board together with all connected documents, maps, charts and plans within such time as may from time to time be fixed in that behalf by the Regional Board.
(4) After considering the report of the Regional Planning Committee, and the suggestions, objections and representations, the Regional Board shall prepare the Regional plan containing such modifications, if any, as it considers necessary, and submit it to the State Government for approval, together with the report of the Regional Planning Committee and all connected documents, plans; maps and charts.
### 17. Publication of Regional Plan and date of its operation.
- Immediately after a Regional plan is approved by the State Government, the State Government shall publish, in such manner as may be prescribed by rules as is calculated to bring to the notice of all persons concerned; and in particular, to all persons affected by the Regional plan, a notice stating that the Regional plan has been approved, and naming a place where a copy of the Regional plan may be inspected at all reasonable hours [and stating also that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price,]
[These words were inserted by Maharashtra 6 of 1976, Section 4.]
and shall specify therein a date (not being earlier than sixty days from the date of publication of the said notice) on which the Regional plan shall come into operation and the plan which has come into operation shall be called the "final Regional plan".
### 18. Restriction on change of user of land or development thereof.
(1) No person shall on or [after the publication of the notice that the draft Regional Plan has been prepared or the draft Regional Plan has been approved]
[These words were substituted for the words 'after the publication of a draft Regional plan' by Maharashtra 6 of 1976, Section 5.]
, institute or change the use of any land for any purpose other than agriculture, or carry out any development in respect of any land without the previous permission of the Municipal Corporation or Municipal Council, within whose area the land is situate, and elsewhere, of the Collector.
(2) Notwithstanding anything contained in any law for the time being in force, the permission referred, to in sub-section (1) shall not be granted otherwise than in conformity with the provisions of the draft of final Regional plan.
(3) [ Without prejudice to the provisions of sub-sections (1) and (2) or any other provisions of this Act, any person intending to execute a Special Township Project on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be a Special Township Project by notification in the Official Gazette or, reject the application.]
[Sub-section (3) added by the Maharashtra 22 of 2005, Section 3, (w.e.f. 20-6-2005).]
### 19. Exclusion of claims of compensation for injurious affection.
- No compensation shall be awarded-
(a) if and in so far as any property or any right or interest therein alleged to be injuriously affected by reason of the provisions contained' in any plan or scheme, is subject to substantially similar restrictions in force, under some other law which was in force on the date on which, such injurious affection took place or the restrictions were imposed by this Act;
(b) if compensation in respect of such injurious affection or restriction imposed under this Act or substantially similar injurious affection or restriction in force under any other law has already been paid in respect, of the property or any right or interest therein to the claimant or to any predecessor in interest of the claimant.
### 20. [Revision or modification]
[These words were substituted for the words 'Revisions' by Maharashtra 6 of 1976, Section 6(c) .]
of Regional Plan.
(1) If the State Government at any time after a Regional plan has come into operation, but not earlier than ten years therefrom is of the opinion that revision of such Regional plan is necessary and there is no Regional Board for the Region to which plan relates, to undertake such revision, the State Government may constitute a Regional Planning Board under section 4, or Regional Board may, with the previous approval of the State Government, also revise the Regional plan; and thereupon, the foregoing provisions of this Chapter shall, so far as they can be made applicable apply to the revision of the Regional plan as those provisions apply in relation to the preparation, [publication of notice]
[These words were substituted for the words 'publication' by Maharashtra 6 of 1976, Section 6(a) .]
and approval of a Regional plan.
(2) Notwithstanding anything contained in sub-section (1), the State Government may, at any time after a Regional Plan has come into operation, make any modification in such plan in the manner hereinafter provided if in its opinion such modification is necessary for the balanced development of the Region for which such plan has been prepared and approved.
[(3) For the purpose of modifying a Regional Plan under sub-section (2) the State Government shall publish a notice in the Official Gazette announcing its intention to make the modification specified in the notice and invite objections or suggestions from any person with respect to such modification in writing with reasons therefor within such period as may be specified in the notice. The notice shall also be published in at least one newspaper having trade wide circulation in the Region and in such other manner as the State Government may think fit in the circumstances of each case.
(4) After considering the objections and suggestions in respect of the draft modification under sub-section (2), the State Government may approve the modification of the Regional Plan with such amendments, if any, as it may think fit, and shall publish a notification in the Official Gazette, stating that the modification of the Regional Plan specified therein has been approved. The notice shall also state the place where a copy of modifications to the Regional Plan may be inspected at all reasonable hours, and shall specify therein a date on which the modification of the plan shall come into operation. ]
[Sub-sections (2) , (3) and (4) were substituted for sub-sections (2) and (3) by Maharashtra 6 of 1976, Section 6(b).]
Chapter III
Development Plan
---------------------------------
(a) [ Declaration of intention, preparation, submission and sanction to Development plan.]
[Sub-heading substituted by Maharashtra 5 of 2014, Section 2, (w.e.f. 18-3-2014).]
### 21. Development Plan.
(1) As soon as may be after the commencement of this Act, but not later than three years after such commencement, and subject, however, to the provisions of this Act, every Planning Authority shall carry out a survey, prepare an existing land-use map and prepare [\* \* \*]
[The words 'and publish' were deleted by Maharashtra 6 of 1976, Section 7(a) (i).]
a draft Development plan for the area within its jurisdiction, in accordance with the provisions of a Regional plan, where there is such a plan [publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft Development plan has been prepared]
[These words were inserted by Maharashtra. 6 of 1976, Section 7(a) (ii).]
and submit the plan to the State Government for sanction. The Planning Authority shall also -submit a quarterly Report to the State Government about the progress made in carrying out the survey and prepare the plan.
(2) Subject to the provisions of this Act, every Planning Authority constituted after the commencement of this Act shall, not later than three years from the date of its constitution, [deciare its intention to prepare a draft Development plan, prepare such plan and publish a notice of such preparation in the Official Gazette]
[These words were substituted for the words 'prepare a Draft Development plan and publish a notice of such preparation in the Official Gazette' by Maharashtra S of 2014, Section 3(a) , (w.e.f. 4-10-2013).]
and in such other manner as may be prescribed] and [submit the draft Development plan]
[These words were substituted for the words 'submit it', by Maharashtra 6 of 1976, Section 7(b) (ii).]
to the State Government for sanction.
(3) [ On an application made by any Planning Authority, the State Government may, having regard to the permissible period specified in the preceding sections, from time to time, by order in writing and for adequate reasons to be specified in such order, extend such period.]
[Sub-section (3) was substituted by Maharashtra 10 of 2011, Section 2(1), (w.e.f. 5-4-2011).]
(4) [If the declaration of intention to prepare Development plan under section 23 is not made or if the draft Development plan is not submitted]
[These words were substituted for the words 'If the draft Development plan is not submitted' by Maharashtra 5 of 2014, Section 3(b) (1), (w.e.f. 4-10-2013).]
to the State Government as aforesaid for sanction by any Planning Authority within the period specified or within the extended period, [the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer not below the rank of an Assistant Director of Town Planning nominated by him, as the case may be, may after declaring the intention, carry out necessary survey of the area and prepare an existingland-use map in consultation with the Director of Town Planning and]
[These words were substituted for the words the concerned Divisional Deputy Director of Town Planning or an officer nominated by him who is not below the rank of Assistant Director of Town Planning may after carrying out the necessary survey of the area and preparing an existing land-use map in consultation with the Director of Town Planning' by Maharashtra 5 of 2014, Section 3(b) (2), (w.e.f. 4-10-2013).]
[prepare such Development plan and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that such plan has been prepared and submit it to the State Government for sanction,]
[These words were substituted for the words 'prepare and publish in the prescribed manner, such Development plan', by Maharashtra 6 of 1976, Section 7(c) (i).]
and may recover the cost thereof from the funds of the Planning Authority, notwithstanding anything contained in any law relating to the said fund. Such officer shall exercise all the powers and perform all the functions of a Planning Authority which may be necessary for the purpose of preparing [a Development plan and publishing a notice as aforesaid and submitting it to the State Government for sanction]
[These words were substituted for the words and publishing a Development plan' by Maharashtra 6 of 1976, Section 7(c) (ii).]
.
(4A)
[ If at any stage of preparation of the draft Development plan, the time fixed under sections [\* \* \*]
[Section (4A) was inserted by Maharashtra 10 of 2011, Section 2(3) , (w.e.f. 5-4-2011).]
, 25, 26, [\* \* \*]
[These figures deleted by Maharashtra 5 of 2014, Section 3(c) (1), (w.e.f. 4-10-2013).]
and 30 for doing anything specified in the said sections lapses, the Planning Authority shall be deemed to have failed to perform its duty imposed upon it by or under the provisions of this Act and any work remaining to be done upto the stage of submission of the draft Development plan under section 30 shall be completed by [the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of an Assistant Director of Town Planning, as the case may be.]
[These words were substituted for the words 'the concerned Divisional Deputy Director of Town Planning or an officer nominated oy nim who is not below the rank of Assistant Director of Town Planning' by Maharashtra 5 of 2014, Section 3(c) (2), (w.e.f. 4-10-2013).]
The said officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a Development plan and submitting it to the State Government for sanction and may, notwithstanding anything contained in any other law relating to the funds of the Planning Authority, recover the cost thereof from such funds:]
[Provided that, the said Officer shall exercise all the powers and perform all the duties of the Planning Authority within such period as may be specified by an order by the Director of Town Planning, having regard to the stage of preparation of Development plan:
Provided further that, the period specified under the first proviso shall not exceed the original period stipulated under the relevant section.]
[These provisos were added by Maharashtra 5 of 2014, Section 3(c) (3), (w.e.f. 4-10-2013).]
(5) If any local authority which is a Planning Authority is converted into, or amalgamated with, any other local authority or is sub-divided into two or more local authorities, the Development plan prepared for the area by that Planning Authority so converted, amalgamated or sub-divided shall, with such alterations and modifications, as the State Government may approve be the Development plan for the area of the new Planning Authority or Authorities into or with which the former Planning Authority is converted, amalgamated or sub-divided.
### 22. Contents of Development Plan.
- A Development plan shall generally indicate the manner in which the use of land in the area of a Planning Authority shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. In particular, it shall provide so far as may be necessary for all or any of the following matters, that is to say,-
(a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational;.
(b) proposals for designation of land for public purpose, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, or public assembly, museums, art galleries, religious building and government and other public buildings as may from time to time be approved by the State Government;
(c) proposals for designation of areas for open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves, sanctuaries and dairies;
(d) transport and communications, such as roads, high-ways, park ways, railways, waterways, canals and air ports, including their extension and development;
(e) water supply, drainage, sewerage, sewage disposal, other public utilities, amenities and services including electricity and gas;
(f) reservation of land for community facilities and services;
(g) proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale;
(h) preservation, conservation and development of areas of natural scenery and landscape;
(i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value [and of heritage buildings and heritage precincts]
[These words were added by Maharashtra 39 of 1994, Section 3.]
;
(j) proposals for flood control and prevention of river pollution;
(k) proposals of the Central Government, a State Government, Planning Authority or public utility undertaking or any other authority established by law for designation of land as subject to requisition for public purpose or as specified in a Development plan, having regard to the provisions of section 14 or for development or for securing use of the land in the manner provided by or under this Act;
(l) the filling up or reclamation of low lying, swampy or unhealthy areas, or levelling up of land;
(m) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority [including imposition of fees, charges and premium, at such rate as may be fixed, by the State Government or the Planning Authority, from time to time, for grant of an additional Floor Space Index or for the special permissions or for the use of discretionary powers under the relevant Development Control Regulations, and also for imposition of]
[These words were substituted for the words 'Including imposition of by Maharashtra 29 of 2010, Section 2 (w.r.e.f. 11-1-1967).]
conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and boardings and other matters as may be considered necessary for carrying out the objects of this Act.
### 22A. [ Modifications of substantial nature.
[Section 22A was substituted by Maharashtra 10 of 2011, Section 3, (w.e.f. 5-4-2011).]
- In section 31, the expression "of a substantial nature" used in relation to the modifications made by the State Government in the draft Development plan means,-
(a) any modification to a reserved site resulting in reduction of its area by more than fifty per cent or reduction of such amenity in that sector by an area of more than ten per cent in the aggregate;
(b) insertion of a new road or a new reservation or modification of a reserved site or a proposed road widening resulting in inclusion of any additional land not so affected previously;
(c) change in the proposal of allocating the use of certain lands from one zone to any other zone provided by clause (a) of section 22, which results in increasing the area in that other zone by more than ten per cent in the same planning unit or sector in a draft Development plan;
(d) alteration in the Floor Space Index beyond ten per cent of the Floor Space Index prescribed in the Development Control Regulations.]
(b) Procedure to be followed in preparing and sanctioning Development plans
### 23. Declaration of intention to prepare Development Plan.
(1) A Planning Authority shall, before carrying out a survey and preparing an existing-land-use map of the area as provided in section 21, by a resolution make a declaration of its intention to prepare a Development plan; and shall despatch a copy of such resolution with a copy of a plan showing only the boundary of the entire area proposed to be included in the Development plan to the State Government. [The said Officer]
[These words were substituted for the portion beginning with the words 'The Officer' and ending with the words and brackets 'the said Officer', by Maharashtra 39 of 1994, Section 5.]
shall also make a similar declaration and submit a copy thereof to the State Government. The Planning Authority or the said Officer as the case may be, shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette.
(2) A copy of the aforesaid plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority and Local Authority.
### 24. [ Town Planning Officer.
[Section 24 was substituted by Maharashtra 10 of 2011, Section 4, (w.e.f. 5-4-2011).]
- Every Planning Authority shall, at the time of declaration of intention to prepare Development plan, resolve to appoint a person possessing such qualification as may be prescribed, to be the Town Planning Officer for carrying out survey of the area of a Planning Authority, preparing an existing land-use map thereof and formulating proposals of a Development plan of that area for submission to the Planning Authority. Thereafter, the Planning Authority shall, with the previous sanction of the State Government, appoint such person as a Town Planning Officer.]
### 25. Provisions for survey and preparation of existing land-use map.
- After the declaration of intention of a Planning Authority or the said Officer to prepare a Development plan but not later than six months from the date of such declaration or not later than such further time as the State Government may from time to time extend, a Planning Authority or the said Officer shall carry out a survey of the lands within the jurisdiction of the Planning Authority and prepare an existing land-use map indicating the existing use of land therein.
[Provided that, the period so extended shall not in any case exceed one year in the aggregate.]
[These proviso was added by Maharashtra 5 of 2014, Section 4, (w.e.f. 4-10-2013).]
### 26. [Preparation and publication of notice]
[These words were substituted for the word 'publication' by Maharashtra 6 of 1976, Section 8(3) .]
of draft Development Plan.
(1) Subject to the provisions of section 21, a Planning Authority, or the said officer shall, not later than two years from the date of notice published under section 23, [prepare a draft Development plan and publish a notice in the Official Gazette and in such other manner as may be determined by it stating that the Development plan has been prepared. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to the public at a reasonable price, and inviting]
[This portion was substituted for the words beginning with 'prepare and publish' and ending with the words 'inviting' by Maharashtra 6 of 1976, Section 8(1) (a).]
objections and suggestions within a period of [Thirty days]
[These words were substituted for the words 'sixty days' by Maharashtra 10 of 2011, Section 5(1) , (w.e.f. 5-4-2011).]
from the date of notice in the Official Gazette:
[Provided that, in case of a Municipal Corporation having population of ten lakhs or more, as per the latest census, the period for inviting objections and suggestions shall be sixty days from the date of notice in the Official Gazette.]
[These proviso inserted by Maharashtra 5 of 2014, Section 5(1) , (w.e.f. 4-10-2013).]
[Provided further that]
[These words were substituted for the words 'Provided that' by Maharashtra 5 of 2014, Section 5(2) , (w.e.f. 4-10-2013).]
, the State Government may, on an application of the Planning Authority, by an order in writing, and for reasons to be recorded from time to time, extend the period for preparation [and publication of notice]
[These words were substituted for the words 'and publication', by Maharashtra 6 of 1976, Section 8(1) (b).]
of the draft Development Plan.
Provided also that, the period so extended shall not in any case, exceed-
[(i) twelve months, in the aggregate, in case of a Municipal Corporation having a population of ten lakhs or more, as per the latest census figures, and
(ii) six months, in the aggregate, in any other case.]
(2) [The notice shall also state that copies of the following particulars in relation to the Draft Development plan are also available for inspection by the public and copies thereof, or extracts therefrom certified to be correct, are also available for sale to the public at a reasonable price at the place so named, namely :-]
[This portion was substituted for the words The following particulars shall be published along with the draft Development Plan, namely by Maharashtra 6 of 1976, Section 8(2) .]
(i) a report on the existing-land-use map and the surveys carried out for the purpose of preparation of the draft plan;
(ii) maps, charts and a report explaining the provisions of the draft Development plan;
[(ii-a) map showing the planning units or sectors unalterable till the Development Plan is revised;]
[Clause (ii-a) was inserted by Maharashtra 39 of 1994, Section 6.]
(iii) regulations for enforcing the provisions of the draft Development plan and explaining the manner in which the permission for developing any land may be obtained from the Planning Authority or the said officer, as the case may be;
(iv) a report of the stages of development by which it is proposed to meet any obligations imposed on the Planning Authority by the draft Development plan;
(v) an approximate estimate of the cost involved in acquisition of lands required by the Planning Authority for the public purposes, and also cost of works, as may be necessary.
### 27. Provision of Regional Plan to be considered.
- Where any area within the jurisdiction of a Planning Authority is included in a Region, the Planning Authority or as the case may be, the said officer shall have regard to, and be guided by, the proposals made in any draft Regional plan or any final Regional Plan, as the case may be, while preparing the draft Development plan:
Provided that where the Planning Authority or the said Officer is of the opinion that any provision of a draft Regional plan or the final Regional plan, as the case may be, needs any modification, the Planning Authority or as the case may be the said Officer may carry out such modification,-
(a) in the case of a draft Regional Plan, with the concurrence of the Regional Board; and
(b) in the case of a final Regional Plan, with the approval of the State Government.
### 28. Objections to draft Development Plan.
(1) Subject to the provisions of this Act, if within the time allowed under sub-section (1) of section 26 any person communicates in writing to the Planning Authority or the said officer any suggestions or objection relating to the draft Development plan, the Planning Authority or the said officer may, after considering the report of the Planning Committee under sub-section (2) and the suggestions or objections received by it or him, modify or change the plan in such manner as it or he thinks fit.
(2) The Planning Authority or the said Officer shall forward all objections and suggestions received by it to a Planning Committee [consisting of three members of the Standing Committee of the Planning Authority]
[This portion was substituted for the portion beginning with the words 'consisting of' and ending with the words 'Planning Authority' by Maharashtra 39 of 1994, Section 7(a) .]
and such additional number of persons, not exceeding four, [appointed by the Director of Town planning]
[These words were substituted for the words 'appointed by the State Government' by Maharashtra 10 of 2011, Section 6, (w.e.f. 5-4-2011).]
having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both] for consideration and report:
Provided that, where a Planning Authority is not a local authority, the Planning Committee shall consist of such members as the Planning Authority [\* \* \*]
[The words 'or as the case may be, the said officer' were deleted by Maharashtra 6 of 1976, Section 9(a) (1).]
may determine:
[Provided further that, where the Divisional Joint Director or Deputy Director of the Town Planning and Valuation Department or an officer nominated by him under sub-section (4) of section 21, as the case may be, exercises the powers and performs the duties of the Planning Authority, then the Planning Committee may consist of such Divisional Joint Director or Deputy Director or, as the case may be, of such officer.]
[This proviso was substituted by Maharashtra 5 of 2014, Section 6(a) , (w.e.f. 4-10-2013).]
[ [Provided also that]
[This proviso was added by Maharashtra 30 of 1972, Section 3.]
, where the State Government or any person or persons appointed under section 162, exercise the powers and perform the duties of a Planning Authority or Development Authority, then the Planning Committee may consist of the State Government or the person or persons so appointed:]
[This proviso substituted by Maharashtra 5 of 2014, Section 5(3) , (w.e.f. 4-10-2013).]
[Provided also that, the Planning Committee contemplated in the preceding provisos shall also consist of such additional number of persons, not exceeding four, appointed by [the Director of Town Planning]
[This proviso was added by Maharashtra 39 of 1991 Section 7(b) .]
having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both].
(3) The Planning Committee, [\* \* \*]
[The words 'or as the case may be, the said officer' were deleted by Maharashtra 6 of 1976, Section 9(b) (i).]
shall, on receipt of objections and suggestions, make such enquiry as it [\* \* \*]
[The words 'or the' were deleted by Maharashtra 6 of 1976, Section 9(b) (ii).]
may consider necessary, and give a reasonable opportunity of being heard to any person including representatives of Government departments who may have filed any objection or made any suggestions in respect of the draft Development plan, and after considering the same, the Planning Committee shall submit its report to the Planning Authority or as the case may be, the said Officer [within a period of two months from the date of its appointment or within such extended period as the Planning Authority may specify]
[These words were substituted for the words 'not later than two months from the date of its appointment' by Maharashtra 5 of 2014, Section 6(b) , (w.e.f. 4-10-2013).]
, [\* \* \*]
[The words 'or such further time as may for adequate reasons be fixed by the Planning Authority or the said Officer in this were deleted by Maharashtra 10 of 2011, Section 6(2) , (w.e.f. 5-4-2011).]
.
(4) [ Not later than two months after the receipt of the report of the Planning committee, the Planning Authority or the said officer shall consider the report including the objections and suggestions received by it or him and make a list of such modifications or changes and carry out the same in the draft Development plan, as it or he may consider proper. The Planning Authority or the said officer shall publish, in the Official Gazette and in not less than two local newspapers, the list of modifications or changes made in the draft Development plan for information of the public.]
[Sub-section (4) was substituted by Maharashtra 10 of 2011, Section 6(3), (w.e.f. 5-4-2011).]
### 29. Modification made after preparing and publishing notice of draft Development Plan.
- [Deleted by Maharashtra 10 of 2011, Section 7, (w.e.f. 5-4-2011)]
### 30. Submission of draft Development Plan.
(1) The Planning Authority or as the case may be, the said Officer shall submit the draft Development Plan [along with the list of modifications or changes made in the draft Development plan under sub-section (4) of section 28 to the State Government for sanction within a period of six months]
[This portion was substituted for the words 'to the State Government for sanction within a period of twelve months' by Maharashtra 10 of 2011, Section 8(1) , (w.e.f. 5-4-2011).]
[from the date of publication of the notice in the Official Gazette, regarding its preparation]
[These words were substituted for the words 'from the date of its application', by Maharashtra 6 of 1976, Section 11(a) .]
under section 26:
Provided that, the State Government may, on an application by a Planning Authority or the said Officer by an order in writing, and for adequate reasons which should be recorded, extend from time to time, the said period by such further period as may be specified in the order but not in any case exceeding,-
[(i) twelve months, in case of a Municipal Corporation having a population of ten lakhs or more, as per the latest census figures, and
(ii) six months, in any other case, as may be specified in such order].
(2) The [particulars referred to in]
[These words were substituted for the words 'particulars published under', by Maharashtra 6 of 1976, Section 11(b) .]
sub-section (2) of section 26 shall also be, submitted to the State Government.
### 31. Sanction to draft Development plan.
(1) Subject to the provisions of this section, and not later than [six months]
[These words were substituted for the words 'one year by Maharashtra 10 of 2011, Section 9(1) (a), (w.e.f. 5-4-2011).]
from the date of receipt of such plan from the Planning Authority, or as the case may be, from the said Officer, [\* \* \*]
[The words 'or not later than such further period not exceeding twelve months as it may decide' were deleted by Maharashtra 6 of 1976, Section 12(a) .]
the State Government may, after consulting the Director of Town Planning by notification in the Official Gazette sanction the draft Development plan submitted to it for the whole area, or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper or return the draft Development plan to the Planning Authority or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan:
Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, extend from time to time, by a notification in the Official Gazette, the period for sanctioning the draft Development plan or refusing to accord sanction thereto, by such further period not exceeding,-
[(i) twelve months, in case of a Municipal Corporation having a population of ten lakhs or more, as per the latest census figures, and
(ii) six months, in any other case, as may be specified in such notification:]
[Provided further that, where the modifications proposed to be made by the State Government or submitted by the Planning Authority under section 34 and proposed to be approved by the State Government without any further change are of a substantial nature with respect to the draft Development plan published under section 26, the Government shall publish a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of one month, from the date of such notice.]
[This proviso was substituted by Maharashtra 10 of 2011, Section 9(1) (c), (w.e.f. 5-4-2011).]
(2) The State Government may appoint an officer of rank not below that of a [Group A Officer]
[These words and figures were substituted for the words 'Class I officer' by Maharashtra 5 of 2014, Section 8(b) (i), (w.e.f. 4-10-2013).]
and direct him to hear any such person in respect of such objections and suggestions and submit his report thereon to the State Government [within one year from the date of publication of notice under second proviso to sub-section (1) ]
[Inserted by Maharashtra Maharashtra 5 of 2014, Section 13(b) (ii), (w.e.f. 4-10-2013).]
.
(3) The State Government shall before according sanction to the draft Development plan take into consideration such objections and suggestions and the report of the officer.
[Provided that, the time-limits as provided in sub-sections (1) and (2) shall not apply for according sanction to the modifications published under sub-section (1.):
Provided further that, the Government shall take final decision regarding such modifications within one year from the date of receipt of the report from the officer appointed under sub-section (2) .]
[This provisos inserted by Maharashtra Maharashtra 5 of 2014, Section 8(c) , (w.e.f. 4-10-2013).]
(4) The State Government shall fix in the notification under sub-section (1) a date not earlier than one month from its publication on which the final Development plan shall come into operation.
(4A)
[ The State Government may, by notification in the Official Gazette, delegate all the powers and functions under this section to the Director of Town Planning in such cases and subject to such conditions, if any, as may be specified in such notification.]
[Sub-section 4A was inserted by Maharashtra 10 of 2011, Section 9(2) , (w.e.f. 5-4-2011).]
(5) If a Development plan contains any proposal for the designation of any land for a purpose specified in clauses (b) and (c) of section 22, and if such land does not vest in the Planning Authority, the State Government shall not include that in the Development Plan, unless it is satisfied that the Planning Authority will be able to acquire such land by private agreement or compulsory acquisition not later than ten years from the date on which the Development plan comes into operation.
(6) A Development plan which has come into operation shall be called the "final Development plan" and shall, subject to the provisions of this Act, be binding on the Planning Authority,
(c) Provisions for Preparation of interim Development Plans, plans for areas of comprehensive development, etc.
### 32. Interim Development Plan.
(1) Pending the preparation of a draft Development Plan, a Planning Authority may, where it considers it expedient and shall, when so directed by the State Government, prepare [\* \*]
[The words 'and publish' were deleted by Maharashtra 6 of 1976, Section 13(a) (i).]
an interim Development plan for the entire area within the jurisdiction of the Planning Authority, or for any part thereof [and publish a notice in the Official Gazette and in such other manner as may be prescribed regarding its preparation]
[These words were inserted by Maharashtra 6 of 1976, Section 13(a) (ii).]
; and thereupon, the provisions of sections 25, 26, 27, 28, [\*]
[The figure '29' was deleted by Maharashtra 10 of 2011, Section 10, (w.e.f. 5-4-2011)]
, 30 and 31 shall, so far as may be, but subject to the provisions of this section, apply in relation to such interim Development plan as they apply in relation to the preparation [and publication of notice]
[These words were substituted for the words 'and publication', by Maharashtra 6 of 1976, Section 13(a) (iii).]
of a Development Plan.
(2) The Planning Authority shall prepare [such plan and publish the notice referred to in sub-section (1)]
[These words were substituted for the words 'and publish such plan', by Maharashtra 6 of 1976, Section 13(b) .]
not later than one year from the date of notice in the Official Gazette of its declaration of intention to prepare a draft Development plan or not later than such further period not exceeding twelve months as may be extended by the State Government.
(3) The interim Development plan, shall provide only for matters mentioned clauses (a), (b) and (c) of section 22, and if necessary, such other matters of that section as the Planning Authority may decide to include or as may be directed by the State Government.
(4) The interim Development Plan shall consist of such maps and such descriptive matter as the Planning Authority may consider necessary to explain and illustrate the proposals made in such plan.
### 33. Plans for areas of Comprehensive Development.
(1) Any time after [the publication of notice regarding preparation]
[These words were substituted for the words 'the publication' by Maharashtra 6 of 1976, Section 14.]
of draft Development plan under section 26, a Planning Authority may prepare plan or plans showing proposals for the development of an area or areas which in the opinion of the Planning Authority should be developed or re-developed as a whole (hereinafter referred to as "the area or areas of Comprehensive development"); and in particular such plans shall provide for-
(a) detailed development of specific areas for urban renewal, housing, shopping centres, industrial areas, civic centres, educational and cultural institutions;
(b) control of architectural features, elevation and frontage of buildings and structures;
(c) dealing satisfactorily with areas of bad layout, obsolete development and slum areas and re-location of population;
(d) open spaces, gardens, playgrounds and recreation areas.
(2) When the plans for an area or areas of Comprehensive development are prepared, whether or not separately, the Planning Authority shall follow the same procedure before submission of these plans to the State Government for sanction as is provided by sections 25, 26, 27, 28, [\*]
[The figure '29' was deleted by Maharashtra 10 of 2011, Section 11, (w,e.f. 5-4-2011).]
, 30 and 31 as respects a draft Development plan and submit such plan or plans from lime to time to the State Government for sanction, alongwith a report -
(a) explaining the proposals and the stages of the development programme by which it is proposed to execute the plan or plans;
(b) giving an appropriate estimate of the cost involved in executing the proposals of the plan or plans.
(3) The State Government may, after consulting the Director of Town Planning by notification in the Official Gazette, sanction the plan or plans for the, area or areas of comprehensive development either without, or subject to such modifications as it may consider necessary not later than three months of the date of receipt of such plans from the Planning Authority or not later than such further period as may be extended by the State Government.
### 34. Preparation of Development Plan for additional area.
(1) If at any time after a Planning Authority as declared its intention to prepare a Development plan or after a Development plan prepared by a Planning Authority has been sanctioned, the jurisdiction of the Planning Authority is extended by inclusion of an additional area, the Planning Authority shall make a fresh declaration of intention to prepare a Development plan for the additional area; and after following the provisions of this Act for the preparation of a draft Development plan, [prepare a draft development plan and publish a notice regarding its preparation]
[These words were substituted for the words 'prepare and publish a draft development plan' by Maharashtra of 1976, Section 15.]
, for such additional area either separately or jointly with the draft or final Development plan prepared or to be prepared to the area originally under its jurisdiction, and submit it to the State Government for sanction after following the same procedure as is followed for submission of a draft Development plan to the State Government:
Provided that, where a draft Development plan for the additional area requires modification of the final Development plan or where the State Government directs any such modification, the Planning Authority shall revise the final Development plan after following the procedure laid down in section 38 so far as may be relevant.
(2) Where any area is withdrawn from the jurisdiction of a Planning Authority, the proposals, if any, made for that area so withdrawn in a Development Plan shall also be deemed to be withdrawn therefrom.
### 35. Development Plans sanctioned by State Government before commencement of this Act.
- If any Planning Authority has prepared a Development plan which has been sanctioned by the State Government before the commencement of this Act, then such Development plan shall be deemed to be a final Development Plan sanctioned under this Act.
### 36. Development Plan prepared prior to this Act.
- If any Planning Authority has prepared a draft Development Plan for the area within its jurisdiction before the commencement of this Act, such Development Plan shall be deemed to be a draft Development Plan for that area for the purposes of this Act, and thereupon, the foregoing provisions of this Chapter in relation to the submission of draft Development Plan to the State Government for sanction shall mutatis mutandis apply.
### 37. [Modification]
[This word was substituted for the words 'Minor modification' by Maharashtra 39 of 1994, Section 9.]
of final Development Plan.
(1) Where a modification of any part of or any proposal made in a final Development Plan is of such a nature that it will not change the character of such Development Plan, the Planning Authority may, or when so directed by the State Government [shall, within ninety days from the date of such direction, publish a notice]
[These words were substituted for the words 'shall, within sixty days from the date of such direction, publish a notice' by Maharashtra 16 of 2007, Section 2.]
in the Official Gazette [and in such other manner as may be determined by it]
[These words were inserted by Maharashtra 6 of 1976, Section 16.]
inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any), to the State Government for sanction.
(1A)
[ If the Planning Authority fails to issue the notice as directed by the State Government, the State Government shall issue the notice, and thereupon, the provisions of sub-section (1) shall apply as they apply in relation to a notice to be published by a Planning Authority.]
[Sub-section (1A) was inserted by Maharashtra 14 of 1971, Section 3(2) .]
(1AA)
(a) Notwithstanding anything contained in sub-sections (1), (1A) and (2), where the State Government is satisfied that in the public interest it is necessary to carry out urgently a modification of any part of, or any proposal made in, a final Development Plan of such a nature that it will not change the character of such Development Plan, the State Government may, on its own, publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice, and shall also serve notice on all persons affected by the proposed modification and the Planning Authority.
[(b) The State Government shall, after the specified period, forward a copy of all such objections and suggestions to the Planning Authority for its consideration. The Planning Authority shall, thereupon, submit its say to the Government within a period of one month from the receipt of the copies of such objections and suggestions from the government.
(c) The State Government shall, after giving hearing to the affected persons and the Planning Authority and after making such inquiry as it may consider necessary and consulting the Director of Town Planning, by notification in the Official Gazette, publish the approved modification with or without changes, and subject to such conditions as it may deem fit, or may decide not to carry out such modification. On the publication of the modification in the Official Gazette, the final Development Plan shall be deemed to have been modified accordingly.]
(1B)
[ Notwithstanding anything contained in sub-section (1) , if the Slum Rehabilitation Authority appointed under section 3A of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is satisfied that a modification of any part of, or any proposal made in, a final Development plan is required to be made for implementation of the Slum Rehabilitation Scheme declared under the said Act, then, it may publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification, and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any) to the State Government for sanction.]
[Sub-section (18) was inserted by Maharashtra 5 of 1996, Section 5.]
.
(2) The State Government may, [make such inquiry as it may consider necessary]
[These words were substituted for the words 'after making such inquiry as it may consider necessary after bearing the persons served with the notice' by Maharashtra 21 of 1997, Section 2.]
and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modification [\* \* \*]
[The words 'submitted to it' were deleted by Maharashtra 14 of 1971, Section 3(3) .]
with or without such changes, and subject to such conditions as it may deem fit, or refuse to accord sanction. If a modification is sanctioned, the final Development plans shall be deemed to have been modified accordingly.
### 37A. [ Power of State Government or Planning Authority to permit temporary change of user.
[Section 37-A was inserted by Maharashtra Regional and Town Planning Act, 48 of 1997, Section 2 (w.e.f. 6-8-1997).]
- Notwithstanding anything contained in this Act or any other law for the time being in force, or in any judgement, order or direction of any Court, or any draft or final Development Plan, the State Government or the Planning Authority may in respect of any plot of land reserved, designated or allocated for the purpose of play ground in such draft or final Development Plan, which is in the possession of the State Government or the Planning Authority, by an order issued from time to time, permit any organisation, body of persons or association to use such play ground for functions organised on the occasions of independence Day, Republic Day, Maharashtra Day and similar National events, and the Jayanties or Punnyatithies of National Leaders, and religious functions, on terms and conditions specified by the State Government or the Planning Authority, as the case may be in such order, for a period not exceeding 12 days at a time and in any case not exceeding 30 days in the aggregate in a calender year; and such use shall not be deemed to be a change of user.]
[Sub-section (1AA) was inserted by Maharashtra 7 of 2002, Section 2, (w.e.f. 9-10-2000).]
### 38. Revision of Development Plan.
- At least once in [twenty years]
[These words were substituted for the words 'ten years' by Maharashtra 39 of 1994, Section 10.]
from the date on which a Development plan has come into operation, and where a Development plan is sanctioned in parts, then at least once in [twenty years]
[These words were substituted for the words 'ten years' by Maharashtra 39 of 1994, Section 10.]
from the date on which the last part has come into operation, a Planning Authority may [and shall at any time when so directed by the State Government]
[These words were inserted by Maharashtra 6 of 1976 Section 17(i) .]
, revise the Development Plan [(either wholly, or the parts separately)]
[These brackets and words were substituted for the brackets and words '(including all parts, if sanctioned separately)' by Maharashtra 6 of 1976, Section 17(2) .]
after carrying out, if necessary, a fresh survey and preparing an existing land-use map of the area within its jurisdiction, and the provisions of sections [\* \* \*]
[The figure '21' was deleted, by Maharashtra 6 of 1976, Section 17(3) .]
22, 23, 24, 25, 26, 27, 28, [\*]
[The figure '29' was deleted by Maharashtra 10 of 2011, Section 12, (w.e.f. 5-4-2011).]
, 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan.
### 39. Variation of town planning scheme by Development Plan.
- Where a final Development plan contains proposals which are in variation, or modification of those made in a town planning scheme, which has been sanctioned by the State Government before the commencement of this Act, the Planning Authority shall vary such scheme suitably under section 92 to the extent necessary by the proposals made in the final Development Plan.
### 40. [ Special Planning Authority for developing certain [notified areas]
[Section 40 was substituted by Maharashtra 30 of 1972, Section 4.]
.
(1) The State Government may, by notification in the Official Gazette [\* \*]
[The word 'constitute' was deleted by Maharashtra 11 of 1973, Section 3(a) .]
for any undeveloped area specified in the notification in this Act referred to as "the notified area" either-
(a) [constitute an authority consisting of]
[These words were substituted for the words 'an authority consisting of', by Maharashtra 11 of 1973, Section 3(b) .]
a Chairman, a Vice-Chairman, a member of the Maharashtra Legislative Assembly representing the notified area, one member representing the municipal area, if any, included in the notified area, the Deputy Director of Town Planning, and the Executive Engineer, Public Health Works Division, each having jurisdiction over the notified area, and an officer not below the rank of an Assistant Collector; or
(aa) [ appoint the Authority constituted under the Maharashtra Housing and Area Development Act, 1976, or]
[This clause (aa) was inserted by Maharashtra 28 of 1977, Section 191(b).]
(b) appoint any Development Authority declared under sub-section (3A) of section 113; [or
[The word 'or' and clause (c) were inserted by Maharashtra 4 of 1975, Schedule II]
(c) appoint the Bombay Metropolitan Region Development Authority established under the Bombay Metropolitan Region Development Authority Act, 1974, to be the Special Planning Authority for developing the notified area.]
(1A)
[ Notwithstanding anything contained in sub-section (1) , any area where Chapter VI of the Maharashtra Industrial Development Act, 1961 (hereinafter, in this section, referred to as "the said Act"), applies, or any other area comprising Government land handed over to the Maharashtra Industrial Development Corporation established under section 3 of the said Act, shall be deemed to be "the notified area"; and the Maharashtra Industrial Development Corporation shall be the Special Planning Authority in respect of such notified area, and shall be, deemed to have been appointed as such under this section, for the purposes of this Act:
Provided that, at any time, as provided in the first proviso to sub-section (3) of section 1 of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification, then from such date, the said area or part thereof, as the case may be, shall cease to be the notified area and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof:
Provided further that, the provisions of clauses (e) and (f) of sub-section (3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable to such Special Planning Authority.]
[Sub-section (1A) was inserted by Maharashtra 10 of 1994, Section 4(a) .]
(1B)
[ Notwithstanding anything contained in sub-section (1) , the State Government may, by notification in the Official Gazette, appoint any agency or authority created by or in accordance with Government order or instrument, or any company or corporation established by or under any State or Central Law, to be the Special Planning Authority for any notified area.]
[Sub-section (1B) was inserted by Maharashtra 24 of 2002, (w.e.f. 9-5-2002).]
.
(2) The Chairman and Vice-Chairman of the Special Planning Authority constituted under clause (a) of sub-section (1) shall be appointed by the State Government; but if any municipal area forms part of any notified area, then the president of the Municipal Council of such municipal area shall be the Vice-Chairman. The Officer not below the rank of an Assistant Collector shall be the Secretary and Chief Executive Officer.
(3) [The]
[This word was substituted for the words 'On the reconstitution of the Special Planning Authority the' by Maharashtra 10 of 1994, Section 4(b) .]
provisions of Chapter VI of this Act shall, subject to the provisions of this section and section 41, apply mutatis mutandis to the Special Planning Authority as they apply in relation to a Development Authority, as if the notified area were a new town, subject to the following modification, namely: -
(a) in Section 113-
(i) in sub-section (6), after the words "Regional Board" the words and figure "with the modification that section 8 shall not apply in relation to notified area" shall be added;
(ii) to sub-section (8), the following proviso shall be added, namely:
Provided that, it shall not be necessary for a Special Planning Authority to make any development plan or town planning scheme for any notified area for the purpose of carrying out its objects under this Act. It may submit its proposals for the development of the land in the notified area (being land either vesting in it or land which has been acquired or is proposed to be acquired under section 116) as provided in section 115;
(b) section 113A shall be omitted;
(c) in section 114,-
(1) in sub-section (1),-
(i) the words, figures and letter "subject to the provisions of section 113A" shall be omitted;
(ii) in the proviso, for the words, brackets and figures "constituted under sub-section (2) of section 113" the words, "unless empowered by the State Government so to do," shall be substituted;
(2) in sub-section (2) in the proviso, in clause (a) for the portion beginning with the word "constituted" and ending with the words "such Authority", the following shall be substituted, namely:-
"and if both the Chairman and Vice-Chairman are not available, with such officer or officers as may be authorised by such Authority";
(d) for section 115 the following shall be substituted, namely
"115. Planning and control in notified area. - [(1) ]
[Section 115 was renumbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Maharashtra 22 of 1973, Section 2.]
A special Planning Authority shall, from time to time, submit to the State Government its proposals for the development of land (being land either belonging to, or vesting in, it or acquired or proposed to be acquired under section 116), and the State Government may, after consultation with the Director of Town Planning, approve such proposals either with or without modification.
(2) [ Before submitting the proposal to the State Government, the Special Planning Authority shall carry out a survey and prepare an existing land-use map of the area and prepare and publish the draft proposals for the lands within its jurisdiction together with a notice in the Official Gazette and local newspapers in such manner as the Special Planning Authority may determine, inviting objection and suggestions from the public within a period of not more than 30 days from the date of notice in the Official Gazette. The Special Planning Authority may, if it thinks fit, give individual notices to persons affected by the draft proposals.
[Section 115 was renumbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Maharashtra 22 of 1973, Section 2.]
(3) The Special Planning Authority may after duly considering the Objections or suggestions, received by it, if any, and after giving an Opportunity, to persOns affected by such draft proposals of being heard modify its proposals, if necessary, and then submit them to the State Government for its approval. The orders of the State Government approving such proposals shall be published in the Official Gazette.]";
(e) for section 116, the following shall be substituted namely:-
"116. Power of Special Planning Authority to acquire land in notified area. - Every Special Planning Authority shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purposes of acquisition of such land in the notified area as it considers to be necessary for the purpose of development in that area either by agreement or under the Land Acquisition Act, 1894, or any land adjacent to such area which is required for the development of the notified area and land whether adjacent to that area or not which is required for provision for services or amenities for the purposes of the notified area".
(f) for section 117, the following shall be substituted, namely:-
"117. Obligation to purchase land in notified area. - Where any and has not been acquired within a period of ten years from the date of a notification under sub-section (1) of section 40, any owner of the land may, by notice in writing served on the Special Planning Authority, require it to acquire his interest therein; and thereupon, the Provisions of section 127 providing for lapsing of reservations shall apply in relation to such land as they apply in relation to land reserved under any plan under this Act";
(g) in section 122, in sub-section (1), the words, brackets and figures "constituted under sub-section (2) of section 113" shall be omitted.
(4) In preparing and submitting its proposals for developing any land under section 115 and in approving them under that section, the Special Planning Authority and the State Government shall take particular care to take into consideration the provisions of any draft or final Regional Plan, draft or final development plan, or any draft or final town planning scheme, or any building bye-laws or regulations, which may already be in force in the notified area or in any part thereof.
(5) Where any proposals for development of any land are approved by the State Government under section 115, the provisions of the proposals approved by the State Government shall be final, and shall prevail, and be deemed to be in force, in such notified area; and to that extent the provisions of any such plan or scheme applicable to and in force in the notified area or any part thereof shall stand modified by the proposals approved by the State Government.]
[This proviso was substituted by Maharashtra 5 of 2014, Section 8(a) , (w.e.f. 4-10-2013).]
### 41. Expenses of Special Planning Authority to be met by contribution by local authorities.
(1) The State Government shall by an order in writing determine the amount which a local authority or each of the local authorities in respect of whose area the Special Planning Authority has been constituted shall pay as contribution either in lump sum or in such instalments as may be specified in the order, for meeting the expenses of the Special Planning Authority for the purposes of this Act.
(2) Not later than thirty days of the receipt of the order under sub-section (1), the local authority or local authorities shall pay to the Special Planning Authority the amount of contribution specified in the order in the manner indicated therein:
Provided that, where the local authority or authorities fail to pay such amount of contribution the State Government shall, on receipt of necessary intimation from the Special Planning Authority, recover it from the local authority or authorities and pay it to the Special Planning Authority. [If any [local authority]
[This portion was added by Maharashtra 30 of 1972, Section 5.]
fails to pay any sum under sub-section (1) , the State Government may make an order directing any person who for the time being has custody of any moneys on behalf of the [local authority]
[These words were substituted for the word 'Council', by Maharashtra 11 of 1973, Section 4(b) .]
as its officer, treasurer, banker or otherwise to make the payment from such moneys as he may have in his hands or may from time to time receive either in one instalment or in any such number of instalments as may be specified in the order; and such person shall be bound to obey the order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to [local authority]
[These words were substituted for the word 'Council', by Maharashtra 11 of 1973, Section 4(b) .]
in respect of any sum or sums so paid by him out of the moneys of the [local authority]
[These words were substituted for the word 'Council', by Maharashtra 11 of 1973, Section 4(b) .]
held or received by him.]
[This proviso was substituted by Maharashtra 5 of 2014, Section 7, (w,e.f. 4-10-2013).]
### 42. Implementation of plans.
- On the coming into operation of any plan or plans referred to in this Chapter, it shall be the duty of every Planning Authority to take such steps as may be necessary to carry out the provisions of such plan or plans.
[Chapter III-A]
[Chapter III-A was inserted by Maharashtra 25 of 2009, Section 2, (w.e.f. 25th August, 2009).]
Area Development Authority
### 42A. Declaration of development area.
(1) The State Government may, for the purpose of securing planned development of areas within the State, declare by notification in the Official Gazette, any area in the State to be a development area.
(2) Every notification issued under sub-section (1) shall define the limits of the area to which it relates.
(3) The State Government may, by notification in the Official Gazette, amalgamate two or more development areas into one development area, sub-divide any development area into different development areas and include such sub-divided areas in any other development area.
### 42B. Exclusion of whole or part of development area from operation of Act.
(1) The State Government may, by notification in the Official Gazette, withdraw from operation of the relevant provisions of this Act, the whole or part of any development area declared under section 42A.
(2) Where any notification is issued under sub-section (1) in respect of any development area or part thereof, the relevant provisions of this Act and all notifications, rules, regulations and orders made or directions issued and powers conferred thereunder, shall cease to apply to the said area or, as the case may be, part thereof.
### 42C. Constitution of Area Development Authority.
(1) As soon as may be after the declaration of a development area under section 42A, the State Government shall, by notification in the Official Gazette, constitute an authority for such area to be called the Area Development Authority of that development area for the purpose of carrying out the functions assigned to an Area Development Authority under this Act.
(2) Every Area Development Authority constituted under sub-section (1) 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 by the said name sue and be sued.
(3) An Area Development Authority shall consist of the following members, namely :-
| | | | |
| --- | --- | --- | --- |
|
(a) |
Guardian Minister of the concerned district,
|
|
Chairman;
|
|
(b) |
the Presidents ofZillaParishads and Chairmen ofPanchayat Samitisfunctioning in the development area or in
any part thereof,
|
|
Ex officioMembers;
|
|
(c) |
Mayors of Municipal Corporations and Presidents of Municipal
Councils, functioning in the development area or in any part
thereof,
|
|
Ex officioMembers;
|
|
(d) |
Municipal Commissioners of Municipal Corporations and Chief
Officers of Municipal Councils functioning in the development area
or in any part thereof,
|
|
Ex officioMembers;
|
|
(e) |
The Collectors of Districts or his representative not below the
rank of Deputy Collector having jurisdiction over the development
area or any part thereof,
|
|
Ex officioMembers;
|
|
(f) |
Chief Executive Officers ofZillaParishads or his
representative not below the rank of Deputy Chief Executive
Officer, functioning in the development area or any part thereof,
|
|
Ex officioMembers;
|
|
(g) |
The Chief Engineer of the MaharashtraJeevan Pradhikaranor his representative not below the rank of Superintending
Engineer having jurisdiction over the development area or any part
thereof,
|
|
Ex officioMember;
|
|
(h) |
Settlement Commissioner and Director of Land Records or his
nominee not below the rank of Deputy Director of Land Record
having jurisdiction over the development area or any part thereof,
|
|
Ex officioMember;
|
|
(i) |
Chief Executive Officer not below the rank of Joint Director of
Town Planning or an officer appointed by Government for
Metropolitan area and Deputy Director of Town Planning elsewhere,
to be appointed by the State Government.
|
|
Member-Secretary.
|
(4) The provisions of sections 9, 10 and 11 of this Act shall mutatis mutandis apply to an Area Development Authority constituted under sub-section (1) as they apply in relation to a Regional Planning Board.
### 42D. Appointment of Government Company etc. as Area Development Authority.
- The State Government may, instead of constituting an Area Development Authority for a development area, appoint any agency or authority or any company or corporation established by the State or Central Government to be the Area Development Authority for any development area.
### 42E. Control by Metropolitan Planning Committee and District Planning Committee.
(1) Every Area Development Authority constituted under section 42C or appointed under section 42D shall carry out such directions or instructions as may be issued from time to time by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, within whose jurisdiction the notified area of the Area Development Authority, is situated:
Provided that, if the notified area of an Area Development Authority is situated in the jurisdiction of a Metropolitan Planning Committee and also of a District Planning Committee, the directions issued by the Metropolitan Planning Committee shall prevail over the directions issued by the District Planning Committee.
(2) Any dispute between the Area Development Authority and the Metropolitan Planning Committee or, the District Planning Committee, as the case may be, shall be referred to the State Government whose decision thereon shall be final.
(2) In the discharge of its duties, the Area Development Authority shall be bound by the directions issued by the State Government.
### 42F. Powers and functions of Area Development Authority.
(1) The powers and functions of an Area Development Authority shall be,-
(i) to undertake the preparation and execution of town planning schemes having regard to the draft Development Plan prepared by the Metropolitan Planning Committee or the District Planning Committee, as the case may be, under the provisions of this Act;
(ii) to carry out surveys in the development area for the preparation of town planning schemes;
(iii) to control the development activities in accordance with the development plan and town planning schemes in the development area excluding the area under the jurisdiction of a local authority, which is permitted to execute the functions of a Planning Authority, in the manner provided for in Chapter IV;
(iv) to levy and collect such scrutiny fees for scrutiny of proposals submitted to the Area Development Authority for permission for development in accordance with the regulations, made in that behalf;
(v) to enter into contracts, agreements or arrangements with any person or organization as the Area Development Authority may deem necessary for performing its functions;
(vi) to acquire, hold, manage and dispose of property, movable or immovable, as the Area Development Authority may deem necessary, subject, however, to the rules or regulations, if any, made in that behalf;
(vii) to execute works in connection with supply of water, disposal of sewerage and provision of other services and amenities;
(viii) to levy and collect such fees for the execution of work referred to in clause (vii) and for provision of other services and amenities as may be specified by the regulations;
(ix) to exercise such other powers and perform such other functions as are supplemental, incidental or consequential to any of the foregoing powers and functions or as may be directed by the State Government.
(2) The Area Development Authority shall be a Planning Authority for the area under its jurisdiction excluding the area under the jurisdiction of a local authority under this Act which is permitted to execute the functions of a Planning Authority.
(3) On the constitution or, as the case may be, appointment of an Area Development Authority, for any development area, the following consequences shall ensue, namely:-
(i) the authority or authorities functioning within the development area immediately before such constitution or appointment shall cease to exercise the powers and perform the functions and duties which the Area Development Authority is competent to exercise and perform under this Act;
(ii) the provisions of Chapter VI-A, VIII and IX along with the First and Second Schedule of this Act shall apply to the Area Development Authority, as if it was a New Town Development Authority;
(iii) the provisions of section 21 shall not apply to the Area Development Authority.
(4) The Area Development Authority may, with the approval of the State Government, delegate any of its powers and functions to any authority or authorities functioning within its jurisdiction.
(5) The Area Development Authority shall have its office at such place as the State Government may, by order, specify
### 42G. Expenses of Area Development Authority.
(1) The State Government shall, by an order in writing, determine the amount which an authority or authorities functioning in the development area shall pay as contribution, either in one lump sum or in instalments as may be specified in the order, towards the expenses incurred by an Area Development Authority in the discharge of its functions.
(2) The authority, in respect of whom the order under sub-section (1) has been issued by the State Government, shall, not later than six months from the receipt of the order under sub-section (1), pay to the Area Development Authority concerned, the amount of contribution specified in the order in the manner indicated therein and if such authority fails to so pay such amount, the State Government shall, on receipt of necessary intimation from the Area Development Authority, recover the same from such authority, in the manner as the State Government may decide and pay it to such Area Development Authority.
Chapter IV
Control of Development and use of Land Included in Development Plans
------------------------------------------------------------------------------------
### 43. Restrictions on development of land.
- After the date on which the declaration of intention to prepare a Development Plan for any area is published in the Official Gazette [or after the date on which a notification specifying any undeveloped area as a notified area, or any area designated as a site for a new town, is published in the Official Gazette,]
[These words were inserted by Maharashtra 30 of 1972, Section 6.]
no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Planning Authority:
Provided that, no such permission shall be necessary-
(i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof [except in case of heritage building or heritage precinct]
[These words were added by Maharashtra 39 of 1994; Section 11.]
;
(ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force;
(iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force;
(iv) for the carrying out by the Central or the State Government or any local authority of any works-
(a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
(b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable, telephone or other apparatus including the breaking open of any street or other land for that purpose;
(v) for the excavation (including wells) made in the ordinary course of agricultural operation;
(vi) for the construction of a road intended to give access to land solely for agricultural purposes;
(vii) for normal use of land which has been used temporarily for other purposes;
(viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions;
(ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.
### 44. Application for permission for development.
- [(1) Except as otherwise provided by rules made in this behalf, any person not being Central or State Government or local authority intending to carry out any development on any land shall make an application in writing to the Planning Authority for permission in such form and containing such particulars and accompanied by such documents, as may be prescribed:]
[Section 44 renumbered as sub-section (1) thereof and after sub-section so numbered sub-section (2) added by the Maharashtra 22 of 2005, Section 4, (w.e.f. 20-6-2005).]
[Provided that, save as otherwise provided in any law, or any rules, regulations or by-laws made under any law for the time being in force, no such permission shall be necessary for demolition of an existing structure, erection or building or part thereof, in compliance of a statutory notice from a Planning Authority or a Housing and Area Development Board, the Bombay Repairs and Reconstruction Board or the Bombay Slum Improvement Board established under the Maharashtra Housing and Area Development Act, 1976.]
[This proviso was added by Maharashtra 10 of 1994, Section 5.]
(2) [ Without prejudice to the provisions of sub-section (1) or any other provisions of this Act, any person intending to execute a Special Township Project on any land, may make an application to the State Government, and on receipt of such application the State Government may, after making such inquiry as it may deem fit in that behalf, grant such permission and declare such project to be a Special Township Project by notification in the Official Gazette or, reject the application.]
[Section 44 renumbered as sub-section (1) thereof and after sub-section so numbered sub-section (2) added by the Maharashtra 22 of 2005, Section 4, (w.e.f. 20-6-2005).]
### 45. Grant or refusal of permission.
(1) On receipt of an application under section 44 the Planning Authority may, subject to the provisions of this Act, by order in writing-
(i) grant the permission, unconditionally;
(ii) grant the permission, subject to such general or special conditions as it may impose with the previous approval of the State Government; or
(iii) refuse the permission.
(2) Any permission granted under sub-section (1) with or without conditions shall be contained in a commencement certificate in the prescribed form.
(3) Every order granting permission subject to conditions, or refusing permission shall state the grounds for imposing such conditions or for such refusal.
(4) Every order under sub-section (1) shall be communicated to the applicant in the manner prescribed by regulations.
(5) If the Planning Authority does not communicate its decision whether to grant or refuse permission to the applicant within sixty days from the date of receipt of his application, or within sixty days from the date of receipt of reply from the applicant in respect of any requisition made by the Planning Authority, whichever is later, such permission shall be deemed to have been granted to the applicant on the date immediately following the date of expiry of sixty days:
[Provided that, the development proposal, for which the permission was applied for, is strictly in conformity with the requirements of all the relevant. Development Control Regulations framed under this Act or bye-laws or regulations framed in this behalf under any law for the time being in force and the same in no way violates either the provisions of any draft or final plan or proposals published by means of notice, submitted for sanction under this Act:
Provided further that, any development carried out in pursuance of such deemed permission which is in contravention of the provisions of the first proviso, shall be deemed to be an unauthorised development for the purposes of sections 52 to 57.]
[These proviso were added by Maharashtra 10 of 1994, Section 6(a) .]
(6) [ The Planning Authority shall, within one month from the date of issue of commencement certificate, forward duly authenticated copies of such certificate and the sanctioned building or development plans to the Collector concerned.]
[Sub-section (6) was added, by Maharashtra 10 of 1994, Section 6(b).]
### 46. Provisions of Development Plan to be considered before granting permission.
- The Planning Authority in considering application for permission shall have due regard to the provisions of any draft or final plan [or proposal,]
[These words were inserted by Maharashtra 30 of 1972, Section 7.]
[published by means of notice]
[These words were substituted for the words 'publish' by Maharashtra 6 of 1976, Section 18.]
[submitted]
[These words were inserted by Maharashtra 30 of 1972, Section 7.]
or sanctioned under this Act.
### 47. Appeal.
(1) Any applicant aggrieved by an order granting permission on conditions or refusing permission under section 45 may, within forty days of the date of communication of the order to him, prefer an appeal to the State Government or to an officer appointed by the State Government in this behalf, being an officer not below the rank of a Deputy Secretary to Government; and such appeal shall be made in such manner and accompanied by such fees (if any) as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Planning Authority to be heard, by order dismiss the appeal, or allow the appeal by granting permission unconditionally or subject to the conditions as modified.
### 48. Lapse of permission.
- Every permission for development granted or deemed to be granted under section 45 or granted under section 47 shall remain in force for a period of one year [from the date of receipt of such grant]
[These words were substituted for the words 'from the date of such grant' by Maharashtra 6 of 1976, Section 19.]
, and thereafter it shall lapse:
Provided that, the Planning Authority, may, on application made to it extend such period from year to year; but such extended period shall in no case exceed three years:
[Provided further that, if the development is not completed upto plinth level or where there is no plinth, upto upper level of basement or stilt, as the case may be, within the period of one year or extended period, under the first proviso, it shall be necessary for the applicant to make application for fresh permission.]
[This proviso was substituted by Maharashtra 16 of 2007, Section 3.]
### 49. Obligation to acquire land on refusal of permission or on grant of permission in certain cases.
(1) Where -
(a) any land is designated by a plan as subject to compulsory acquisition, or
(b) any land is allotted by a plan for the purpose of any functions of a Government or local authority or statutory body, or is land designated in such plan as a site proposed to be developed for the purposes of any functions of any such Government, authority or body, or
(c) any land is indicated in any plan as land on which a highway is proposed to be constructed or included, or
(d) [ any land for the development of which permission is refused or is granted subject to conditions, and any owner of land referred to in clauses (a), (b), (c) or (d) claims-
[Clause (d) was substituted for the original by Maharashtra 14 of 1971, Section 4(1).]
(i) that the land has become incapable of reasonably beneficial use in its existing state, or
(ii) (where planning permission is.given subject to conditions) that the land cannot be rendered capable of reasonably beneficial use by the carrying; out of the permitted development in accordance with the conditions; or]
(e) the owner of the land because' of its designation or allocation in any plan claims that he is unable to sell it except at a lower price than that at which. he might reasonably have been expected to sell if it were not so designated or - allocated,
the owner or person affected may serve on the State Government within such time and in such manner, as is prescribed by regulations, a notice (hereinafter referred to as "the purchase notice") requiring the Appropriate Authority to purchase the interest in the land in accordance with the provisions of this Act.
(2) The purchase notice shall be accompanied by a copy of any application made by the applicant to the Planning Authority, and of any order or decision of that Authority and of the State Government, if any, in respect of which the notice is given.
(3) On receipt of a purchase notice, the State Government shall forthwith call from the Planning Authority and the Appropriate Authority such report or records or both, as may be necessary, which those authorities shall forward to the State Government as soon as possible but not later than thirty days from the date of their requisition.
(4) On receiving such records or reports, if the State Government is satisfied that the conditions specified in sub-section (1) are fulfilled, and that the order or decision for permission was not duly made on the ground that the applicant did not comply with any of the provisions of this Act or rules or regulations, it may confirm the purchase notice, or direct that planning permission be granted without condition or subject to such conditions as will make the land capable of reasonably beneficial use. In any other case, it may refuse to confirm the purchase notice, but in that case, it shall give the applicant a reasonable opportunity of being heard.
(5) If within a period of six months from the date on which a purchase notice is served the State Government does not pass any final order thereon, the notice shall be deemed to have been confirmed at the expiration of that period.
(6) [\* \* \* \* \* \* \* \* \* \*]
[Sub-section (6) was deleted by Maharashtra 6 of 1976, Section 20.]
(7) [ If within one year from the date of confirmation of the notice, the Appropriate Authority fails to make an application to acquire the land in respect of which the purchase notice has been confirmed as required under section 126, the reservation, designation, allotment, indication or restriction on development of the land shall be deemed to have lapsed; and thereupon, the land shall be deemed to be released from the reservation, designation, or, as the case may be, allotment, indication or restriction and shall become available to the owner for the purpose of development otherwise permissible in the case of adjacent land, under the relevant plan.]
[Sub-section (7) was added by Maharashtra 14 of 1971, Section 4(2).]
### 50. Deletion of reservation of designated land for interim draft of final Development Plan.
(1) The Appropriate Authority [(other than the planning Authority)]
[The brackets and words were inserted by Maharashtra 39 of 1994, Section 12.]
, if it is satisfied that the land is not or no longer required for the public purpose for which it is designated or reserved or allocated in the interim or the draft, Development plan or plan for the area of Comprehensive development or the final Development plan, may request-
(a) the Planning Authority to sanction the deletion of such designation or reservation or allocation from the interim or the draft Development plan or plan for the area of Comprehensive development, or
(b) the State Government to sanction the deletion of such designation or reservation or allocation from the final Development plan.
(2) On receipt of such request from the Appropriate Authority, the Planning Authority, or as the case may be, the State Government may make an order sanctioning the deletion of such designation or reservation or allocation from the relevant plan:
Provided that, the Planning Authority, or as the case may be, the State Government may, before making any order, make such enquiry as it may consider necessary and satisfy itself that such reservation or designation or allocation is no longer necessary in the public interest.
(3) Upon an order under sub-section (2) being made, the land shall be deemed to be released from such designation, reservation, or, as the case may be, allocation and shall become available to the owner for the purpose of development as otherwise permissible in the case of adjacent land, under the relevant plan.
### 51. Power of revocation and modification of permission to development.
(1) If it appears to a Planning Authority that it is expedient, having regard to the Development Plan prepared or under preparation that any permission to develop land granted [or deemed to be granted]
[These words were inserted by Maharashtra 10 of 1994, Section 7.]
under this Act or any other law, should be revoked or modified, the Planning Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary:
Provided that-
(a) where the development relates to the carrying out of any building or other operation, no such order shall affect such of the operations as have been previously carried out; or shall be passed after these operations have substantially progressed or have been completed;
(b) where the development relates to a change of use of land, no such order shall be passed at any time after the change has taken place.
(2) Where permission is revoked or modified by an order made under subsection (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out the development in accordance with such permission which has been rendered abortive by the revocation or modification, the Planning Authority shall, after giving the owner reasonable opportunity of being heard by the Town Planning Officer, and after considering his report, assess and offer, subject to the provisions of section 19, such compensation to the owner as it thinks fit.
(3) If the owner does not accept the compensation and gives notice, within such time as may be prescribed, of his refusal to accept, the Planning Authority shall refer the matter for the adjudication of the court; and the decision of the court shall be final and be binding on the owner and Planning Authority.
### 52. Penalty for unauthorised development or for use otherwise than in conformity with Development Plan.
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land-
(a) without permission required under this Act; or
(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted;
(c) after the permission for development has been duly revoked; or
(d) in contravention of any permission which has been duly modified
shall, on conviction, [be punished with imprisonment for a term]
[These words were substituted for the words 'be punished with fine which may extend to five thousand rupees,' by Maharashtra 31 of 1983, Section 3(a) .]
[which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees]
[This portion was substituted for the portion beginning with the words 'which may extend to three years' and ending with the words 'one hundred rupees' by Maharashtra 10 of 1994, Section 8.]
for every day during which the offence continues after conviction for the first Commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Development Plan without being allowed to do so under section 45 or 47, or where the continuance of such use has been allowed under that section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such use is allowed, shall, on conviction be punished [with fine which may extend to five thousand rupees]
[These words were substituted for the word 'with fine which may extend to one thousand rupees', by Maharashtra 31 of 1983, Section 3(b) .]
; and in the case of a continuing offence, with a further fine which may extend to one, Hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
### 53. Power to require removal of unauthorised development.
(1) Where development of and has been carried out as indicated in sub-section (1) of section 52, the Planning Authority may, subject to the provisions of this section, [\* \* \* \*]
[The words 'within seven years of such development' were deleted by Maharashtra 39 of 1994, Section 13.]
serve on the owner a notice requiring him, within such period, being not less than one month, as may be specified, therein after the service of the notice, to take such steps as may be, specified in the notice.
(a) in cases specified in clause (a) or (c) of sub-section (1) of section 52, to restore the land to its condition existing before the said development took place,
(b) in cases specified in clause (b) or (d) of sub-section (1) of section 52, to secure compliance with the conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance of any use of land, the Planning Authority shall serve a notice on the occupier also.
(2) In particular, such notice may, for purposes of sub-section (1), require-
(a) the demolition or alteration of any building or works;
(b) the carrying out on land of any building or other operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner prescribed, apply for permission under section 44 for retention on the land of any building or works or for the continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
(4) The foregoing provisions of this Chapter shall, so far as may be applicable apply to an application made under sub-section (2).
(5) If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand; or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be, and thereupon, the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
(6) If within the period specified in the notice or within the same period after the disposal of the application under sub-section' (4), the notice or so much of it as stand is not complied with, the planning Authority may-
(a) prosecute the owner for not complying with the notice; and where the notice requires the discontinuance of any use of land any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
(b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Planning Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations; and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of and revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, [be punished with imprisonment for a term [which shall not be less than one month but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees, and in the case of a continuing offence with a further daily fine which may extend to two hundred rupees]
[These words were substituted for the words 'be punished with fine which may extend to five thousand rupees' by Maharashtra 31 of 1983, Section 4(b) .]
for every day during which such offence continues after conviction for the first commission of the offence.
(8) [ The Planning Authority shall, by notification in the Official Gazette, designate an officer of the Planning Authority to be the Designated Officer for the purposes of exercise of the powers of the Planning Authority under this section and sections 54, 55 and 56. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.]
[Sub-section (8) was inserted by Maharashtra 2 of 2012, Section 30 (w.e.f. 4-8-2012).]
### 54. Power to stop unauthorised development.
(1) Where any development of land as indicated in sub-section (1) of section 52 is being carried out but has not been completed, the Planning Authority may serve on the owner and the person carrying out the development a notice requiring the development of land to be discontinued from the time of the service of the notice; and thereupon, the provisions of sub-sections (3), (4), (5) and (6) of section 53 shall so far as may be applicable apply in relation to such notice as they apply in relation to notice under section 53.
(2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction [be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both]
[These words were substituted for the words 'be punished with fine which may extend to Five Thousand rupees', by Maharashtra 31 of 1983, Section 5.]
; and when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
### 55. Removal or discontinuance of unauthorised temporary development summarily.
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature unauthorisedly as indicated in sub-section (1) of section 52, the Planning Authority may by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisediy as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the Planning Authority may request the District Magistrate or the Commissioner of Police, as the case may be, [or authorise any of its officers or servants]
[These words were inserted by Maharashtra 31 of 1983, Section 6.]
to have such work summarily removed or such use summarily discontinued without any notice as directed in the order, and any development unauthorisedly made again, shall be similarly removed or discontinued summarily without making any order as aforesaid.
(2) The decision of the Planning Authority on the question of what is development of a temporary nature shall be final.
### 56. Power to require removal of authorised development or use.
(1) If it appears to a Planning Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Development Plan prepared -
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereof, or
(c) that any buildings or works should be altered or removed,
the Planning Authority may, by notice served on the owner,
(i) require the discontinuance of that use; or
(ii) impose such conditions as may be specified in the notice on the continuance thereof; or
(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any buildings or works, as the case may be;
within such period, being not less than one month, as may be, specified therein, after the service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the State Government.
(3) On receipt of an appeal under sub-section (2), the State Government or any other person appointed by it in this behalf may, after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
(4) If any person,-
(i) who has suffered damage in consequence of the compliance with the notice by the depreciation of any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise; or
(ii) who has carried out any works in compliance with the notice,
claims, from the Planning Authority, within the time and in the manner, prescribed compensation in respect of that damage, or of any expenses reasonably incurred by him, for complying with the notice, then the provisions of sub-sections (2) and (3) of section 51 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.
(5) If any person having interest in land in respect of which a notice is issued under this section claims that by the reason of the compliance with the notice, the land will become incapable of reasonably beneficial use, he may within the period specified in the notice or within such period after the disposal of the appeal, if any, filed under sub-section (2) and in the manner prescribed, serve on the State Government a purchase notice requiring his interest in the land to be acquired; and thereupon, the provisions of section 49 for dealing with a purchase notice shall, so far as can be made applicable, apply as they apply to a purchase notice under that section.
### 56A. [ Punishment for failure to take action against unauthorised construction.
[Section 56A was inserted by Maharashtra 2 of 2012, Section 31 (w.e.f, 4-8-2012).]
- Where it has been brought to the notice of the Designated Officer that erection of any budding or execution of any work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.]
### 57. Recovery of expenses incurred.
- Any expenses incurred by a Planning Authority under sections 53, 54, 55 and 56 shall be a sum due to the Planning Authority under this Act from the person in default or the owner of the plot.
### 58. Development undertaken on behalf of Government.
(1) When any Government intends to carry out development of any land for the purpose of any of its departments or offices or authorities, the officer-in-charge thereof shall inform in writing the Planning Authority the intention of Government to do so, giving full particulars thereof, and accompanied by such documents and plans as may be prescribed at least thirty days before undertaking such development.
(2) Where a Planning Authority raises any objection to the proposed development on the ground that the development is not in conformity with the provisions either of any Development Plan under preparation, or of any building bye-laws in force for the time being, or for any other material consideration, the officer shall-
(i) either make necessary modifications in the proposals for development to meet the objections raised by the Planning Authority; or
(ii) submit the proposals for development together with the objections raised by the Planning Authority to the State Government for decision.
(3) The State Government, on receipt of the proposals for development together with the objections of the Planning Authority shall, in consultation with the Director of Town Planning, either approve the proposals with or without modifications or direct the officer to make such modifications in the proposals as it considers necessary in the circumstances.
(3A)
[ The development proposal approved by the State Government under sub-section (3) shall remain in force for a period of one year from the date of grant of such approval, and thereafter it shall lapse:
Provided that the officer-in-charge of the development may apply under intimation to the Planning Authority, to the State Government for extension of such period and thereupon the State Government may extend such period from year to year; but such extended period shall in no case exceed three years:
Provided further that, such lapse shall not bar any subsequent application by the officer-in-charge of the development, for fresh approval to the development under the preceding sub-sections.]
[Sub-section (3A) was inserted by Maharashtra 39 of 1994, Section 14(a) .]
(4) The provisions of sections 44, 45, [and 47 shall not, and section 46 shall, mutatis mutandis and section 48 shall, as modified by sub-section (3A),]
[These words, figures and brackets were substituted for the figures and words '46, 47 and 48 shall not', by Maharashtra 39 of 1994, Section 14(b) .]
apply to developments carried out under this section.
Chapter V
Town Planning Schemes
------------------------------------
(a) Making of town planning schemes
### 59. Preparation and contents of town planning scheme.
- [(1) ]
[Section 59 was renumbered as sub-section (1) by Maharashtra 6 of 1976, Section 21.]
Subject to the provisions of this Act or any other law for the time being in force-
(a) a Planning Authority may for the purpose of implementing the proposals in the final Development Plan, prepare one or more town planning schemes for the area within its jurisdiction, or any part thereof;
(b) a town planning scheme may make provision for any of the following matters, that is to say-
(i) any of the matters specified in section 22;
(ii) the laying out or re-laying out of land, either vacant or already built upon, including areas of Comprehensive development;
(iii) the suspension, as far as may be necessary for the proper carrying out of the scheme, of any rule, by-law, regulation, notification or order made or issued under any law for the time being in force which the Legislature of the State is competent to make;
(iv) such other matter not inconsistent with the object of this Act, as may be directed by the State Government.
(2) [ In making provisions in a draft town planning scheme for any of the matters referred to in clause (b) of sub-section (1), it shall be lawful for a Planning Authority with the approval of the Director of Town Planning and subject to the provisions of section 68 to provide for suitable amendment of the Development Plan.]
[Sub-section (2) was inserted by Maharashtra 6 of 1976, Section 21.]
### 60. Power of Planning Authority to resolve on declaration of intention to make Scheme.
(1) A Planning Authority may by resolution declare its intention to make a town planning scheme in respect of any part of the area within its jurisdiction.
(2) Not later than thirty days from the date of such declaration of intention to make a scheme (hereafter referred to as the declaration), the Planning Authority shall publish the declaration in the Official Gazette, and in such other manner as may be prescribed and despatch a copy thereof (together with a copy of the plan showing the area to be included in the scheme) to the State Government and also to the Director of Town Planning.
(3) A copy of the plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority.
### 61. Making and publication of draft scheme [by means of notice]
[These words were added, by Maharashtra 6 of 1976, Section 22(3) .]
.
(1) Not later than twelve months from the date of the declaration, subject however, to sub-section (3), the Planning Authority shall, in consultation with the Director of Town Planning make a draft scheme for the area in respect of which the declaration was made, [and published a notice in the Official Gazette, and in such other manner as may be prescribed stating that the draft scheme in respect of such area has been made. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and shall also state that copies thereof or any extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.]
[This portion was substituted for the portion beginning 'and publish' and ending with 'for sanction', by Maharashtra 6 of 1976, Section 22(1) .]
(2) If the Planning Authority fails to [make a draft scheme and publish a notice regarding its making]
[These words were substituted for the words 'make and publish such draft scheme', by Maharashtra 6 of 1976, Section 22(2) (a).]
within the period specified in sub-section (1) or within the period extended under sub-section (3), the declaration shall lapse, unless the State Government appoints an Officer to prepare, [and submit the draft scheme to the State Government on behalf of the Planning Authority not later than twelve months from the date of such appointment or the extended period under sub-section (3); but any such lapse of declaration shall not debar the Planning Authority from making a fresh declaration any time in respect of the same area.]
[The word 'publish' was deleted by Maharashtra 6 of 1976, Section 22(2) (b).]
(3) The State Government may, on application made by the Planning Authority or, as the case may be, the officer, from time to time by notification in the Official Gazette, extend the period specified in sub-section (1) or (2) by such period not exceeding six months as may be specified in the notification.
### 62. Inclusion of additional area in draft scheme.
- If at any time before a draft scheme is prepared and submitted to the State Government for sanction, the Planning Authority or the officer is of the opinion, or on any representation made to it or him that an additional area be included within the said scheme, the Planning Authority or the officer may, after informing the State Government and giving notice the Official Gazette, and also in one or more local newspapers, include such additional area in the scheme; and thereupon, all the provisions of sections 59, 60 and 61 shall apply in relation to such additional area as they apply to any original area of the scheme and the draft scheme shall be prepared for the original area and such additional area and submitted to the State Government for sanction.
### 63. Power of State Government to require Planning Authority to make scheme.
(1) Notwithstanding anything contained in this Act, the State Government may, in respect of any Planning Authority after making such inquiry as it deems necessary, direct that Authority to make [\* \* \*]
[The words 'and publish in the prescribed manner' were deleted by Maharashtra 6 of 1976, Section 23(a) .]
and submit for its sanction, a draft scheme in respect of any land in regard to which a town planning scheme may be made [after a notice regarding its making has been duly published in the prescribed manner]
[These words were added by Maharashtra 6 of 1976.]
.
(2) If the Planning Authority fails to make the declaration of intention to make a scheme within three months from the date of direction made under sub-section (1) the State Government may be notification in the Official Gazette, appoint an officer to make [\* \* \*]
[The words 'and publish' were deleted by Maharashtra 6 of 1976, Section 23(b) .]
and submit the draft scheme for the land to the State Government [after a notice regarding its making has been duly published as aforesaid]
[These words were added by Maharashtra 6 of 1976, Section 23(b) .]
and thereupon the provisions of sections 60, 61 and 62 shall, as far as may be applicable, apply to the making of such a scheme.
### 64. Contents of draft Scheme.
- A draft scheme shall contain the following particulars so far as may be necessary, that is to say,-
(a) the ownership, area and tenure of each original plot;
(b) reservation, acquisition or allotment of land required under sub-clause (i) of clause (b) of section 59 with a general indication of the uses to which such land is to be put and the terms and conditions subject to which, such land is to be put to such uses;
(c) the extent to which it is proposed to alter the boundaries of the original plots by reconstitution;
(d) an estimate of the total cost of the scheme and the net cost. to be borne by the Planning Authority;
(e) a full description of all the details of the scheme with respect to such matters referred to in clause (b) of section 59 as may be applicable;
(f) the laying out or re-laying out of land either vacant or already built upon including areas of comprehensive development;
(g) the filling up or reclamation of low lying, swamp or unhealthy areas or levelling up of land;
(h) any other prescribed particulars.
### 65. Reconstituted plot.
(1) In the draft scheme, the size and shape of every reconstituted plot shall be determined, so far as may be, to render it suitable for building purposes, and where a plot is already built upon, to ensure that the buildings as far as possible comply with the provisions of the scheme as regards open spaces.
(2) For the purpose of sub-section (1), a draft scheme may contain proposals-
(a) to form a final plot by reconstitution of an original plot by alteration of the boundaries of the original plot, if necessary;
(b) to form a final plot from an original plot by the transfer wholly or partly of the adjoining lands;
(c) to provide, with the consent of the owners, that two or more original plots each of which is held in ownership in severally or in joint ownership shall hereafter, with or without alteration of boundaries be held in ownership in common as a final plot;
(d) to allot a final plot to any owner dispossessed of land in furtherance of the scheme; and
(e) to transfer the ownership of an original plot from one person to another.
### 66. Compensation for discontinuance of use.
- Where under sub-clause (i) of clause (b) of section 59 the purposes to which the buildings or areas may not be appropriated or used in pursuance of clause (m) of section 22 have been specified, then the building or area shall cease to be used for a purpose other than the purposes specified in the scheme within such time as may be specified in the final scheme, and the person affected by this provision shall be entitled to such compensation from the Planning Authority as may be determined by the Arbitrator:
Provided that, in ascertaining whether compensation be paid the time within which the person affected was permitted to change the user shall be taken into consideration.
### 67. Objections to draft scheme to be considered.
- If within thirty days from the date of the [publication of notice regarding the preparation of the draft scheme]
[These words were substituted for the words 'publication of a draft scheme' by Maharashtra 6 of 1976, Section 24.]
, any person affected thereby communicates in writing any objection relating to such scheme, the Planning Authority, or the officer appointed under sub-section (2) of section 61 or section 63 shall consider such objection and may, at any time before submitting the draft scheme to the State Government as hereinafter provided, modify such scheme as it or he thinks fit.
### 68. Power of State Government to sanction draft scheme.
(1) The Planning Authority or as the case may be, the officer aforesaid shall, not later than six months [from the date of the publication of the notice, in the Official Gazette, regarding the making of the draft scheme]
[These words were substituted for the words 'from the date of the publication of the draft scheme in the Official Gazette', by Maharashtra 6 of 1976, Section 25(1) .]
, submit the same with any modifications which it or he may have made therein together with a copy of objections received by it or him to the State Government, and shall at the same time apply for its sanction.
(2) On receiving such application, after making such inquiry as it may think fit and consulting the Director of Town Planning, the State Government may, not later than six months from the date of its submission, by notification in the Official Gazette, or not later than such further time as the State Government may extend, either sanction such draft scheme with or without modifications and subject to such conditions as it may think fit to impose or refuse to give sanction.
(3) If the State Government sanctions such scheme, it shall in such notification state at what place and time the draft scheme shall be open to the inspection of the public [and the State Government shall also state therein that copies of the scheme or any extract therefrom certified to be correct shall on application be available for sale to the public at a reasonable price.]
[This portion was added by Maharashtra 6 of 1976, Section 25(2) .]
### 69. Restrictions on use and development of land after declaration for town planning scheme.
(1) On or after the date on which a declaration of intention to make a scheme published in the Official Gazette :-
(a) no person shall within the area included in the scheme, institute or change the use of any land or building or parry out any development unless such person has applied for and obtained the necessary permission which shall he contained in a commencement certificate granted by the Planning Authority in the prescribed form;
(b) the Planning Authority on receipt of such application shall at once furnish the applicant with a written acknowledgement of its receipt, and
(i) in the case of a Planning Authority other than a municipal corporation after inquiry and where an Arbitrator has been appointed in respect of a draft scheme after obtaining his approval; or
(ii) in the case of a municipal corporation, after inquiry;
may either grant or refuse such certificate, or grant it subject to such conditions as the Planning Authority may, with the previous approval of the State Government, thinks fit to impose.
(2) If a municipal corporation gives permission under clause (b) of subsection (1), it shall inform the Arbitrator accordingly, and shall send him a copy of the plan
Provided that, a municipal corporation shall not grant a commencement certificate for any purpose which is in conflict with the provisions of the draft -scheme, unless the corporation first obtains concurrence of the Arbitrator for the necessary change in the proposal of the draft scheme.
(3) If a Planning Authority communicates no decision to the applicant within two months from the date of such acknowledgment the applicant shall be deemed to have been granted such certificate.
(4) If any person contravenes the 'provisions contained in clause (a) or clause (b) of sub-section (1), the Planning Authority may direct such person by notice in writing to stop any development in progress and after making inquiry in the prescribed manner, remove, pull down or alter any building or other development or restore the land in respect of which such contravention is made, to its original condition.
(5) Any exp6nse incurred by the Planning Authority under sub-section (4) shall be a sum due to the Planning Authority under this Act from the person in default or the owner of the plot.
(6) [ The provisions of Chapter IV shall, mutatis mutandis, apply in relation to the development and use of land included in a town planning scheme in so far as they are not inconsistent with the provisions of the Chapter.]
[Sub-section (6) was substituted for the original by Maharashtra 6 of 1976, Section 26.]
(7) The restrictions imposed by this section shall cease to operate in the event of the State Government refusing to sanction the draft scheme or the final scheme or in the event of the withdrawal of the scheme under section 87 or in the event of the declaration lapsing under sub-section (2) of section 61.
### 70. Power of State Government to suspend rule, bye-law etc.
(1) Where a Planning Authority has published a declaration under section 61 the State Government may, on an application of the Planning Authority by order published in the Official Gazette, suspend to' such extent only as may be necessary for the proper carrying out of the scheme any rule, bye-law, regulation, notification or order made or issued under any taw which the Legislature of the State is competent to amend.
(2) Any order issued under sub-section (1) shall cease, to operate in the event of the State Government refusing to sanction the scheme, or in the event of the withdrawal of the scheme under section 87 or in the event of the coming into force of the final scheme or in the event of the declaration lapsing under sub-section (2) of section 61.
### 71. Disputed ownership.
(1) Where there is a disputed claim as to the ownership of any piece of land included in an area in respect of which a declaration of intention to make a town planning scheme has been made and any entry in the record of rights or mutation register relevant to such disputed claim is inaccurate or inconclusive, an inquiry may be held on an application being made by the Planning Authority or the Arbitrator at any time prior to the date on which the Arbitrator draws up the final scheme under clause (xiii) of sub-section (3), of section 72 by such officer as the State Government may appoint for the purpose of deciding who shall be deemed to be owner for the purposes of this Act.
(2) Such decision shall not be subject to appeal but it 'shall not operate as a bar to a regular suit.
(3) Such decision shall, in the event of a civil court passing a decree which is inconsistent therewith, be corrected, modified or rescinded in accordance with such decree as soon as practicable after such decree has been brought to the notice of the Planning Authority either by the Civil Court or by some person affected by such decree.
(4) Where such a decree of the Civil Court is passed, after final scheme has been sanctioned by the State Government under section 86, such final scheme shall be deemed to have been suitably varied by reason of such decree.
(b) The Arbitrator and the Tribunal of Appeal
### 72. Arbitrator; his powers and duties.
(1) Within one month from the date on which the sanction of the State Government to the draft scheme is published in the Official Gazette, the State Government shall for purposes of one or more planning schemes received by it for sanction appoint any person possessing such qualifications as may be prescribed to be an Arbitrator with sufficient establishment and his duties shall be as hereinafter provided.
(2) The State Government may, if it thinks fit at any time, remove for incompetence or misconduct or replace for any good and sufficient reason an Arbitrator appointed under this section and shall forthwith appoint another person to take his place and any proceeding pending before the Arbitrator immediately before the date of his removal or replacement shall be continued and disposed of by the new Arbitrator appointed in his place.
(3) In accordance with the prescribed procedure, every Arbitrator shall, -
(i) after notice given by him in the prescribed manner define, demarcate and decide the areas allotted to, or reserved, for the public purpose or purposes of the Planning Authority, and also the final plots;
(ii) after notice given by him in the prescribed manner, decide the person or persons to whom a final plot is to be allotted; when such plot is to be allotted; and when such plot is to be allotted to persons in ownership in common, decide the shares of such person;
(iii) estimate the value of and fix the difference between the values of the original plots and the values of the final plots included in the final scheme, in accordance with the provisions contained in clause (f) of sub-section (1) of section 97;
(iv) estimate the compensation payable for the loss of the area of the original plot in accordance with the provisions, contained, in clause (f) of subsection (1) of section 97 in respect of any original plot which is wholly acquired under the scheme;
(v) determine whether the areas allotted or reserved for the public purpose or purposes of the Planning Authority are beneficial wholly or partly to the owners or residents within the area of the scheme;
(vi) estimate the proportion of the sums payable as compensation on each plot used, allotted or reserved for the public purpose or purposes of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public, which shall be included in the costs of the scheme;
(vii) determine the proportion of contribution to be levied on each plot used, allotted or reserved for a public purpose or purposes of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public;
(viii) determine the amount of exemptions, if any, from the payment of the contribution that may be granted in respect of plots or portions thereof exclusively used or occupied for religious or charitable purposes at the date on which the final scheme is drawn up under clause (xviii) of this sub-section;
(ix) estimate the value of final plots included in the final scheme and the increment to accrue in respect of such plots in accordance with the provisions of section 98;
(x) calculate the proportion in which the increment in respect of the final plots included in the final scheme shall be liable to contribution to the cost of the scheme in accordance with the provisions contained in section 97;
(xi) calculate the contribution to be levied on each final plot included in the final scheme;
(xii) determine the amount to be deducted from or added to, as the case may be, the contribution leviable from a person in accordance with the provisions contained in section 100;
(xiii) provide for the total or partial transfer of any right in an original plot to a final plot or provide for the extinction of any right in an original plot in accordance with the provisions contained in section 101;
(xiv) estimate the amount of compensation payable under section 66;
(xv) where a plot is subject to a mortgage with possession or a lease, decide the proportion of compensation payable to or contribution payable by the mortgagee or lessee on one hand and the mortgagor or lessor on the other;
(xvi) estimate in reference to claims made before him, after the notice given by him in the prescribed manner, the compensation to be paid to the owner of any property or right injuriously affected by the making of a town planning scheme in accordance with the provisions contained in section 102;
(xvii) determine the period in which the works provided in the scheme shall be completed by the Planning Authority;
(xviii) draw in the prescribed form the final scheme in accordance with the draft scheme:
Provided that-
(a) he may make variations from the draft scheme;
(b) he may with the previous sanction of the State Government after hearing the Planning Authority and any owners who may raise objections make substantial variations in the draft scheme.
Explanation. - For the purpose of sub-clause (b) of this proviso, "substantial variation" means increase in the total cost of the draft scheme by more than 20 per cent or two lacs of rupees whichever is higher, on account of the provision of new works or the reservation of additional sites for public purposes included in the final scheme drawn up by the Arbitrator.
(4) The Arbitrator shall decide all matters referred to in sub-section (3) within a period of twelve months from the date of his appointment, and in the case of an Arbitrator appointed under the Bombay Town Planning Act, 1915 or a Town Planning Officer appointed under the Bombay Town Planning Act, 1954 (whose appointment is continued under section 165), within a period of twelve months from the date of commencement of this Act:
Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, and whether all the matters referred to in sub-section (3) have been decided or not, extend from time to time by a notification in the Official Gazette, the period for deciding all the matters referred to in that sub-section (3) or any extended period therefor.
### 73. Certain decisions of Arbitrator to be final.
- Except in matters arising out of clauses (iv) to (xi) both inclusive, and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72, every decision of the Arbitrator shall be final and conclusive and binding on all parties including the Planning Authority.
### 74. Appeal.
(1) Any decisions of the Arbitrator under clauses (iv) to (xi) (both inclusive) and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72 shall be forthwith communicated to the party concerned including the Planning Authority; and any party aggrieved by such decision may, within two months from the date of communication of the decision, apply to the Arbitrator to make a reference to the Tribunal of Appeal for decision of the appeal.
(2) The provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1963, shall apply to appeals submitted under this section.
### 75. Construction of Tribunal of Appeal.
(1) The Tribunal of Appeal shall consist of a President and two Assessors.
(2) The President shall-
(a) in Greater Bombay, be the Principal Judge of the Bombay City Civil Court or such other Judge of the said Court as may be appointed by the State Government on the recommendation of the Principal Judge; and
(b) elsewhere, be the District Judge or the Civil Judge of the Senior Division as may be appointed by the State Government on the recommendation of the District Judge:
Provided that, the State Government may, if it thinks fit appoint as President any person who has held the post (i) in Greater Bombay of a Judge of the High Court or of the Bombay City Civil Court, and (ii) elsewhere of a Judge of the District Court.
(3) The President shall appoint fit and proper persons as Assessors, who shall as far as possible have knowledge, or experience of town planning, valuation of land or civil engineering.
(4) The President and the Assessors shall be appointed members of the Tribunal of Appeal for such period as may he required by such Tribunal to decide an appeal made against the decision under clauses (iv) to (xi) (both inclusive), and clauses (xiv), (xv) and (xvi) of the sub-section (3) of Section 72.
(5) The State Government may, if it thinks fit, remove for incompetence or misconduct or any goods and sufficient reason any Assessor appointed under subsection (3).
(6) If any Assessor is removed or dies or refuses or neglects to act or becomes incapable of acting, the President shall appoint forthwith a fit and proper person to take the place of such Assessor.
### 76. Arbitrator to assist Tribunal in advisory capacity and his remuneration.
(1) The Arbitrator shall be present at the proceedings before the Tribunal of Appeal. He shall not be required to give evidence in such proceedings but the President may require him to assist the Tribunal in an advisory capacity.
(2) Where the Arbitrator is required under sub-section (1) to assist the Tribunal of Appeal, he shall, save where he is a salaried officer of Government be entitled to such fees as the State Government may from time to time determine.
### 77. Place where Tribunal may sit.
- The Tribunal of Appeal may sit either at the headquarters of the President or at any other place within the local limits of his jurisdiction which he may deem convenient for the consideration and decision of any matter before such Tribunal.
### 78. Decision of questions to law and other questions.
- All Questions of law and procedure shall be decided by the President. All other questions shall be decided by the President and the two Assessors or by a majority.
### 79. Power of Tribunal to decide matter finally.
(1) The Tribunal of Appeal shall, after making such inquiry as it may think fit decide all matters arising out of clauses (iv) to (xi) (both inclusive) and clauses (xiv), (xv) and (xvi) only of sub-section (3) of section 72 in respect of appeals referred to the Tribunal; and may either confirm the proposals of the Arbitrator or direct him where necessary to reconsider, vary or modify his proposals only in respect of such matters aforesaid.
(2) Every decision of the Tribunal of Appeal shall be final and conclusive and binding on all persons and parties including the Planning Authority.
### 80. Tribunal not to be Court.
- Nothing contained in this Act shall be deemed to constitute the Tribunal of Appeal to be a Court.
### 81. Remuneration of Arbitrators and Assessors and payment of incidental expenses of Tribunal.
(1) The President and the Assessors shall, save where they are salaried Government Officers, be entitled to such remuneration, either by way of monthly salary or by way of fees or partly in one way and partly in the other, as the State Government may, from time to time, decide:
Provided that, in exceptional cases where the scheme is a large one or the work involved is complicated, the State Government may authorise the President and the Assessors, even if they are salaried Government Officers to receive such special salary or remuneration, as the State Government may by order, decide from time to time.
(2) The salary of the President of the Tribunal of Appeal or an Assessor who is a salaried Government Officer, and any remuneration payable under sub-section (1) of this section and fees payable to an 4rbitrator under sub-section (2) of section 76 and all expenses incidental to the working of the Tribunal of Appeal shall, unless the State Government otherwise determines, be defrayed out of the funds of the Planning Authority and shall be added to the cost of the scheme.
### 82. Decision of Arbitrator to be final in certain matters.
(1) Where no appeal has been made under section 74, the decisions of the Arbitrator under clauses (iv) to (xi) and clauses (xiv), (xv) and (xvi) of sub-section (3) of section 72 shall be final and binding on the parties.
(2) The Tribunal of Appeal shall send a copy of its decision in appeal to the Arbitrator who shall then, where necessary, make variation in the scheme in accordance with such decision and may also rectify such errors or omissions, if any, as may have been brought to his notice after publication of the final scheme as drawn up by him under clause (xviii) of sub-section (3) of section 72; and the Arbitrator shall forward such final scheme together with a copy of his decisions under section 72 and a copy of the decision of the Tribunal of Appeal in appeal to the State Government for the sanction of the final scheme.
### 83. Possession of land in advance of town planning scheme.
(1) Where a Planning Authority thinks that, in the interest of the public, it is necessary to undertake forthwith any of the works included in a draft scheme for a public purpose, the Planning Authority shall make an application through the Arbitrator to the State Government to vest in it the land (without any building) shown in the draft scheme.
(2) The State Government may, if satisfied that it is urgently necessary in the public interest to empower the Planning Authority to enter on such land for the purpose of executing any of such works, direct the Arbitrator, by notification in the Official Gazette., to take possession of the land; or may, after recording its reasons refuse to make any such direction:
Provided that, no such direction sha11 be made without the Arbitrator giving a hearing to any person or Planning Authority affected by such direction, and considering the report of the Arbitrator in that behalf.
(3) The Arbitrator shall then give a notice in the prescribed manner to the person interested in the land the possession of which is to be taken by Arbitrator requiring him to give possession of his land to the Arbitrator or any person authorised by him in the behalf within a period of one month from the date of service of notice and if no possession is delivered within the period specified in the notice, the Arbitrator shall take possession of the land and shall hand over the land to the Planning Authority. Such land shall thereupon, notwithstanding anything contained in this Act, vest absolutely in the Planning Authority free from all encumbrances.
### 84. Commissioner of Police or Magistrate to enforce delivery of possession of land.
(1) If the Arbitrator is opposed or impeded in taking possession of the land, under section 83, he shall request the Commissioner of Police, or as the case may be the District Magistrate to enforce the delivery of possession of the land to the Arbitrator. The Commissioner or the District Magistrate, as the case may be, shall take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary for securing the delivery of possession of the land to the Arbitrator.
(2) For the avoidance of doubt, it is hereby declared that the power to take steps under sub-section (1) includes the power to enter upon any land or other property whatsoever.
### 85. Owner of land of which possession is taken entitled to interest.
(1) Where possession of land is taken by the Arbitrator under section 83 or 84, the person interested in such land shall be entitled to interest at the rate of 4 per cent per annum on the amount of compensation payable to him under the final scheme in respect of the said land from the date on which such possession is taken till the date on which amount of compensation is paid to him by the Planning Authority.
(2) The Planning Authority may, at the request of the person interested pay after consulting the Arbitrator, an advance as provided in sub-section (3) of section 129.
### 86. Sanction by State Government to final Scheme.
(1) The State Government may, within a period of four months from the date of receipt of the final scheme under section 82 from the Arbitrator or within such further period as the State Government may extend, by notification in the Official Gazette, sanction the scheme or refuse to give such sanction provided that in sanctioning the scheme the State Government may make such modifications as may in its opinion be necessary, for the purposes of correcting an error, irregularity or informality.
(2) If the State Government sanctions such scheme, it shall state in the notification-
(a) the place at which the final scheme is kept open to inspection by the public [and also state therein that copies of the scheme or extracts therefrom certified to be correct shall, on application, be available for sale to the public at a reasonable price]
[These words were added by Maharashtra 6 of 1976, Section 27.]
;
(b) a date (which shall not be earlier than one month after the date of the publication of the notification) on which all the liabilities created by the scheme shall take effect and the final scheme shall come into force:
Provided that,'the State Government may, from time to time, postpone such date, by notification in the Official Gazette, by such period, not exceeding three months at a time as it thinks fit.
(3) On and after the date fixed in such notification, a town planning scheme shall have effect as if it were enacted in this Act.
### 87. Withdrawal of scheme.
(1) If at any time before the final scheme is forwarded by the Arbitrator to the State Government, a representation is made to the Arbitrator by the Planning Authority and a majority of the owners in the area that the scheme should be withdrawn, the Arbitrator shall, after inviting from all persons interested in the scheme objections to such representation forward such representation together with the objections, if any, to the State Government.
(2) After making such inquiry as it may think fit, the State Government may, by notification in the Official Gazette, direct that the scheme shall be withdrawn; and upon such withdrawal no further proceedings shall be taken in regard to such scheme.
### 88. Effect of final scheme.
- On and after the day on which a final scheme comes into force-
(a) all lands required by the Planning Authority shall, unless it is otherwise determined in such scheme, vest absolutely in the Planning Authority free from all encumbrances;
(b) all rights in the original plots which have been reconstituted shall determine, and the reconstituted plots shall become subject to the rights settled by Arbitrator;
(c) the Planning Authority shall hand over possession of the final plots to the owners to whom they are allotted in the final scheme.
(c) Enforcement of Schemes
### 89. Power of Planning Authority to evict summarily.
(1) On and after the day on which a final scheme comes into force, any person continuing to occupy any land which he is not entitled to occupy under the final scheme "may, in accordance with the prescribed procedure be summarily evicted by the Planning Authority or any of its officers authorised in that behalf by that Authority.
(2) If the Planning Authority is opposed or impeded in evicting such person or taking possession of the land from such person, the Commissioner of Police, or as the case may be, the District Magistrate shall at the request of the Planning Authority enforce the eviction of such person or secure delivery of possession of the land to the Planning Authority as may be necessary.
### 90. Power to enforce scheme.
(1) On and after the day on which a final scheme comes into force, the Planning Authority may, after giving the prescribed notice and in accordance with the provisions of the scheme,-
(a) remove, pull down or alter any building or other work in the area included in the scheme which is such as to contravene the scheme or in the erection of which or carrying out of which, any provision of the scheme has not been complied with.
(b) execute any work which it is the duty of any person to execute under the scheme, in any case where it appears to the Planning Authority that delay in the execution of the work would prejudice the efficient operation of the scheme.
(2) Any expenses incurred by the Planning Authority under this section may be recovered from the person in default or from the owner of the original plot in the manner provided for the recovery of sums due to the Planning Authority under the provision of this Act.
(3) If any action taken by the Planning Authority is questioned, the matter shall be referred to the State Government or any officer authorised by the State Government in this behalf; and the decision of the State Government or of the officer as the case may be, shall be final and conclusive and binding on all persons.
(d) Variation of Schemes
### 91. Power to vary scheme on ground of error, irregularity or informality.
(1) If after the final scheme has come into force, the Planning Authority considers that the scheme is defective on account of an error, irregularity or informality or that the scheme needs variation or modification of a minor nature, the Planning Authority may apply in writing to the State Government for variation of the scheme.
(2) If, on receiving such application or otherwise, the State Government is satisfied that the variation required is not substantial, the State Government shall, by notification in the Official Gazette, authorise or direct the Planning Authority to prepare [a draft of such variation and publish a notice in the Official Gazette, and in such other manner as may be prescribed stating that a draft variation has been prepared.]
[These words were substituted for the words 'and publish a draft of such variation in the prescribed manner' by Maharashtra 6 of 1976, Section 28(a) .]
(3) [The notice of preparation of draft variation published]
[These words were substituted for the words 'The draft variation published', by Maharashtra 6 of 1976, Section 28(b) .]
under sub-section (2) shall state every amendment proposed to be made in the scheme, and if any such amendment relates to a matter specified in any of the sub-clauses (i) to (iii) of clause (b) of section 59, the draft variation shall also contain such other particulars as may be prescribed.
(4) The draft variation shall be open to the inspection of the public at the office of the planning Authority during office hours [and copies of such draft variation or any, extract therefrom certified to be correct shall be available for sale to the public at a reasonable price.]
[This portion was added, by Maharashtra 6 of 1976, Section 28(c) .]
(5) Not later than one month of the date of the [publication of the notice regarding preparation of draft variation]
[These words were substituted for the words 'publication of a draft variation', by Maharashtra 6 of 1976, Section 28(d) .]
, any person affected there by may communicate in writing his objections to such variation to the State Government, and end a copy thereof to the Planning Authority.
(6) After receiving the objections under sub-section (5), the State Government may, after consulting the Planning Authority and after making such enquiry as it may think fit, by notification in the Official Gazette,-
(a) appoint an Arbitrator, and thereupon the provisions of this Chapter shall so far as may be, apply to such draft variation, as if it were a draft scheme submitted to the State Government for sanction;
(b) sanction the variation with or without modifications; or
(c) refuse to sanction the Variation.
(7) From the date of the notification sanctioning the variation, with or without modifications, such variation shall take effect as if it were incorporated in the scheme.
### 92. Power to vary town planning scheme.
- Notwithstanding anything contained in section 86, a town planning scheme may at anytime be varied by a subsequent scheme made, [published by means of notice]
[These words were substituted for the words 'published' by Maharashtra 6 of 1976, Section 29.]
time and sanctioned in accordance with this Act:
Provided that, when a scheme is so varied, the provisions of this Chapter shall so far as may be applicable, apply to such variation and making of subsequent scheme and the date of the declaration of intention, of the Planning Authority to vary the scheme shall, for the purposes of sections 69, 70, 97, 98 and 100, be deemed to be the date of declaration of intention to make a, scheme referred to in those sections.
### 93. Apportionment of cost of scheme withdrawn or not sanctioned.
- In the event of a town planning scheme being withdrawn or sanction to a final scheme 'being refused by the State Government, the State Government may direct that the costs of the scheme shall be borne by the Planning Authority or be paid to the Planning Authority by the owners concerned, in such proportion as the State Government may in each case determine.
(e) Proceedings before Arbitrator and Tribunal
### 94. Right to appear by recognised agent.
- Every party to any proceeding before an Arbitrator or the Tribunal of Appeal shall be entitled to appear either in person or by his agent authorized in writing in that behalf.
### 95. Power to compel attendance of witnesses.
- For the purpose of this Act, an officer appointed under sub-section (1) of section 71 or an Arbitrator or the Tribunal of Appeal may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means and as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.
(f) Joint development plans and joint town planning schemes
### 96. Joint development plans and joint town planning schemes.
(1) When the State Government or two or more Planning Authorities are of opinion that the interests of contiguous areas within the jurisdiction of such Planning Authorities can best be served by the making of a joint development plan or a joint town planning scheme, the State Government shall after necessary enquiry constitute a Special Planning Authority as provided in section 40.
(2) Such Special Planning Authority, when duly constituted, shall make a declaration of the intention to make a joint development plan or a joint town planning scheme in respect of the contiguous areas in the manner provided in section 23 or section 60, as the case may be, and thereafter, the Special Planning Authority shall have all the powers and be liable to all the duties of a Planning Authority under this Act and all the foregoing provisions of this 'Act in respect of the procedure to be followed in preparing, publishing and submitting a development plan or as the case may be, a town planning scheme for sanction of the State Government shall apply so far as may be applicable.
(3) The joint development plan or the joint planning scheme shall specify the parts of the joint development plan or the joint town planning scheme to be executed by the several Planning Authorities in the several contiguous areas, and the several parts of the joint development plan or joint town planning scheme shall, when the joint development plan or the joint own planning scheme is sanctioned, by the State Government under section 31 or 86, as the case may be, have effect in the several contiguous areas as if they are separate development plans or town planning schemes:
Provided that, a joint development plan, or a joint town planning scheme may be executed partly or wholly by the two or more Planning Authorities concerned jointly as they may decide in this behalf.
(g) Finance of Schemes
### 97. Cost of scheme.
(1) The cost of a town planning scheme shall include,-
(a) all sums payable by a Planning Authority under the provisions of this Act which are not specifically excluded from the costs of the scheme;
(b) all sums spent or estimated to be spent by a Planning Authority in the making and in the execution of the scheme, the estimates for words included in the scheme being made on the date the final scheme is drawn up by the Arbitrator under clause (xviii) of sub-section (3) of section 72;
(c) all sums payable as compensation for land reserved or allotted for any public purpose or purpose of a Planning Authority which is solely beneficial to the owners or residents within the area of the scheme;
(d) such portion of the sums payable as compensation for and reserved or allotted for any public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and party to the general public, as is attributable to the benefit accruing to the allotment;
(e) all legal expenses incurred by the Planning Authority in the making and in the execution of the scheme;
(f) the amount by which the total of the values of the original plots exceeds the total of the values of the plots included in the final scheme, each of such plots being estimated at its market value at the date of declaration of intention to make a scheme, with all the buildings and works thereon at that date and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.
(2) If in any case the total of the values of the plots included in the final scheme exceeds the total of the value of the original plots, each of such plots being estimated in the manner provided in clause (f) of sub-section (1), then the amount of such excess shall be deducted in arriving at the costs of the scheme as defined in sub-section (1).
### 98. Calculation of increment.
- For the purposes of this Act, the increment shall be deemed to be the amount by which at the date of the declaration of intention to make a scheme, the market value of any plot with reference to the improvements contemplated in the scheme on the assumption that the scheme has been completed would exceed on the same date the market value of the same plot estimated without reference to such improvements:
Provided that, estimating such values, the value of buildings or other works erected or in the course of erection on such plot shall not be taken into consideration.
### 99. Contribution towards cost of scheme.
(1) The cost of the scheme shall be met wholly, or in part by a contribution to be levied by the Planning Authority on each final plot included in the final scheme calculated in proportion to the increment which is estimated to accrue in respect of such plot by the Arbitrator:
Provided that-
(i) no such contribution shall exceed half the increment estimated by the Arbitrator to accrue in respect of such final plot subject to the condition that where the total cost of a scheme exceeded half the total amount of increments, the proportion of such contribution shall not be less than half the increment;
(ii) no such contribution shall be levied on a plot used, allotted or reserved, for a public purpose or purpose of the Planning Authority, such plot being solely for the benefit of the owners or residents within the area of the scheme;
(iii) the contribution levied on a plot used, allotted or reserved for a public purpose or purpose of the Planning Authority which is beneficial partly to the owners or residents within the area of the scheme and partly to the general public shall be calculated in the proportion to the benefit estimated to accrue to the general public from such use, allotment or reservation.
(2) The owner of each final plot included in a final scheme shall be primarily liable for the payment of the contribution leviable in respect of such plot.
### 100. Certain amount to be added to or deducted from contribution leviable from person.
- The amount by which the total value of final plots included in a final scheme with all the buildings and works thereon allotted to the person falls short of or exceeds the total value of the original plots with all the buildings and works thereon of such person shall be deducted from or added to, as the case may be, the contribution leviable from such person, each of such plots being estimated at its market value at the date of the declaration of intention to make a scheme and without reference to improvements contemplated in the scheme other than improvements due to the alteration of its boundaries.
### 101. Transfer right from original to reconstituted plot or extinction of such right.
- Any right in an original plot which in the opinion of the Arbitrator is capable of being transferred wholly or in part, without prejudice to the making of a town planning scheme to a final plot shall be so transferred and any right in an original plot which in the opinion of the Arbitrator is not capable of being so transferred shall be extinguished:
Provided that, an agricultural lease shall not be transferred from an original plot to a final plot without the consent of all the parties to such lease.
(h) Compensation
### 102. Compensation in respect of property or right injuriously affected by scheme.
- The owner of any property or right which is injuriously affected by the making of a town planning scheme shall subject to provisions of section 101, if he makes a claim before the Arbitrator within sixty days of the receipt of the notice from the Arbitrator, be entitled to obtain compensation in respect thereof from the Planning Authority or from any person benefited or partly from the Planning Authority and partly from such person as the Arbitrator may in each case determine.
### 103. Exclusion or limitation of compensation in certain cases.
(1) No, compensation shall be payable in respect of any property or private right of any sort which is alleged to be injuriously affected by reason of any provisions contained in the town planning scheme, if under any other law for the time being in force applicable to the area for which such scheme is made, no compensation is payable for such injurious affection.
(2) Property or a private right of any sort shall not be deemed to be injuriously affected by reason of any provision inserted in a town planning scheme which with a view to securing, the amenity of the area included in such scheme or any part thereof, impose any conditions and restrictions in regard to any of the, matters specified in clause (b) of section 64.
### 104. Provision of cases in which amount payable to owner exceeds amount due from him.
- If the owner of an original plot is not provided with a final plot in the final scheme or if the contribution to be levied from him under section 100 is less than the total amount to be deducted therefrom under any of the provisions of this Act, the net amount of his loss shall be payable to him by the planning Authority in cash or in such other way as may be agreed upon by the parties.
### 105. Provision for case in which value of developed plot is less than amount payable by owner.
(1) If from any cause the total amount would be due to a Planning Authority under the provisions of this Act from the owner of a final plot to be included in the final scheme exceeds the value of such plot estimated or the assumption that the scheme has been completed, the Arbitrator shall, at the request of the Planning Authority, direct the owner of such plot to make payment to the Planning Authority of the amount of such excess.
(2) If such owner fails to make such payment within the prescribed period, the Arbitrator shall, if the Planning Authority so requests acquire the original plot of such defaulter and apportion the compensation among the owner and other persons interested in the plot on payment by the Planning Authority of the value of such plot estimated as its market value at the date of the declaration of intention to make a scheme and without reference to improvements contemplated in the scheme; and thereupon, the plot included in the final scheme shall vest absolutely in the Planning Authority free from all encumbrances but subject to the provisions of this Act:
Provided that, the payment made by the Planning-Authority on account of the value of the original plot shall not be included in the costs of the scheme.
### 106. Payment by adjustment of account.
- All payments due to be made to any person by a Planning Authority under this Act shall, as far as possible, be made by an adjustment in such person accounts with the Planning Authority in respect of the final plot concerned or of any other plot in which he has an interest, and failing such adjustment shall be paid in cash or in such other way as may be agreed upon by the parties.
### 107. Payment of net amount due to Planning Authority.
(1) The net amount payable under the provisions of this Act by the owner of a final plot included in a final scheme may at the option of the contributor be paid in one sum or annual instalments not exceeding ten. If the owner elects to pay the amount by instalments, interest at 6 per cent per annum shall be charged on the net amount payable. If the owner of a plot fails to elect the option on or before the date specified in a notice issued to him in that behalf by the Planning Authority, he shall be deemed to have elected the option of paying contribution by instalments and the interest on the contribution shall be calculated from the date specified in the notice, being the date before which he was required to make an election as aforesaid:
Provided that, where an owner elects to pay the amount in one sum but fails to do so, interest at 6 per cent per annum shall be payable by him to the Planning Authority from the date specified in the notice to the date of payment.
(2) Where two or more final plots included in a final scheme are in the same ownership, the net amount payable by such owner under the provisions of this Act shall be distributed over his several final plots in proportion to the increment which is estimated to accrue in respect of each final plot, unless the owner and the Planning Authority agree to a different method of distribution.
(i) Miscellaneous
### 108. Power of Planning Authority to make agreement.
(1) A Planning Authority shall be competent to make any agreement with any person in respect of any matter which is to be provided for in a town planning scheme subject to the power of the State Government to modify or disallow such agreement and unless it is otherwise expressly provided therein, such agreement shall take effect on and after the day on which the town planning scheme comes into force.
(2) Such agreement shall not in any may affect the duties of the Arbitrator as stated in section 72 or the rights of third parties, but it shall be binding on the parties to the agreement, notwithstanding any decision that may be passed by the Arbitrator:-
Provided that, if any agreement contains any provisions which are inconsistent with the final scheme as drawn up by the Arbitrator under section 72 or the final scheme as sanctioned by the State Government under section 86 such an agreement shall be void :
Provided further that, if the agreement is modified by the State Government either party shall have the option of avoiding it if it so elects.
### 109. Recovery of arrears.
(1) Any sum due to a Planning Authority under this Act, rule or any regulation made thereunder shall be a first charge or the plot on which it is due, subject to the prior payment of land revenue if any, due to the Government thereon.
(2) Any sum due to the Planning Authority under this Act, rule or any regulation made thereunder which is not paid on demand on the day on which it becomes due or on the day fixed by the Planning Authority, shall be recoverable by the Planning Authority from the defaulter as if they were arrears of land revenue.
(3) If any question arises whether a sum is due to the Planning Authority within the meaning of sub-section (2), it shall be referred to a tribunal constituted by\*the State Government consisting of one or more persons not connected with the Planning Authority or any authority subordinate to it or with the person by whom the sum is alleged to be payable which the tribunal shall, after making such inquiry as it may deem fit and after giving to the person by whom the sum is alleged to be payable, an opportunity of being heard, decide the question; and the decision of the tribunal thereon shall be final and shall not be called in question in any court or before any other authority.
(4) The procedure to be followed by the tribunal in deciding questions referred to it under sub-section (2) shall be such as may be prescribed by the State Government.
### 110. Disposal of surplus amount.
- Where after completing and meeting all the costs of a scheme as provided in this Act, any amount from the sums paid to the Planning Authority under this Act remains as surplus, the Planning Authority shall, in consultation with the owners of the plots, spend such surplus amount for providing further amenities within the area of the scheme.
### 111. Execution of works in final scheme by Planning Authority.
(1) A Planning Authority shall complete all the, works provided in a final scheme within the period prescribed in the final scheme by the Arbitrator under clause (xvii) of sub-section (3) of section 72:
Provided that, in exceptional circumstances on application by the Planning Authority, the State Government may by an order in writing specifying those circumstances grant to the Planning Authority in this behalf further extension of time as it may think fit.
(2) If the Planning Authority fails to complete the work within the prescribed period or within the period extended under sub-section (1), the State Government may, notwithstanding anything contained in sub-section (1), require the Planning Authority to complete the works within a further period as it may consider reasonable or appoint an officer to complete such works at the cost of the Planning Authority and recover the cost from the Planning Authority in the manner provided sub-section (2) of section 162 of this Act.
### 112. Penalty for removal of boundary stones.
- Whoever wilfully destroys or injures or without lawful authority removes, a boundary stone or mark lawfully fixed or constructed the Collector, on receipt of the intimation from the Arbitrator or the Planning Authority, may order such person to pay a fine, not exceeding 'twenty rupees for each stone or mark so destroyed, injured or removed as may in his opinion be necessary to defray the expenses of restoring the same.
Chapter VI
New Towns
-------------------------
### 113. Designation of site for new town.
- If the State Government is satisfied that it is expedient in the public interest that any area should be developed as a site for a new town as reserved or designated [in any draft or final Regional Plan]
[These words were substituted for, the words 'in Regional Plan' by Maharashtra 14 of 1971, Section 5(1) (a).]
it may by notification in-the Official Gazette, designate that area as the site for the proposed new town. The new town shall be known by the name specified in the notification.
(2) After publication of the notification under sub-section (1) for the purpose of acquiring, developing and disposing of land in the area of a new town, the State Government shall by another notification in the Official Gazette, constitute a New Town Development Authority. The New Town Development Authority shall consist of a Chairman, a Vice-Chairman [two members representing the local authorities functioning in the Region and such numbers of other members not exceeding seven]
[These words were substituted for the words 'and such number of other members not exceeding four' by Maharashtra 14 of 1971, Section 5(1) (b).]
as in the opinion of the State Government have special knowledge or practical experience in matters relating to town and country planning, an officer to be called the Town Planning Officer and a Chief Executive Officer: The Chairman and the Vice-Chairman and all other members shall be appointed by the State Government.
(3) The Chief Executive Officer shall be the Secretary of the Development Authority [constituted under sub-section (2)]
[This portion was added by Maharashtra 21 of 1971, Section 3(1) .]
.
(3A)
[ Having regard to the complexity and magnitude of the work involved in developing any area as a site for the new town, the time required for setting up new machinery for undertaking and completing such work of development, and the comparative speed with which such work can be undertaken and completed in the public interest, if the work is done through the agency of a corporation including a company owned or controlled. by the State or a subsidiary company thereof, set up with the object of developing an area as a new town, the State Government may, notwithstanding anything contained in sub-section (2) , require the work of developing and disposing of land in the area of a new town to be done by any such corporation, company or subsidiary company aforesaid, as an agent of the State Government; and thereupon, such corporation or company shall, in relation to such area, be declared by the State Government, by notification in the Official Gazette, to be the New Town Development Authority for that area.]
[Sub-section (3A) was inserted by Maharashtra 21 of 1971, Section 3(2) .]
(4) Every Development Authority shall be a body corporate with perpetual succession and a common seal with power to acquire hold and dispose of property, both moveable and immoveable, and contract and sue or be sued by such name as may be specified in the notification under [sub-section (2)]
[This portion was substituted for sub-section (1) ', by Maharashtra 21 of 1971, Section 3(3).]
.
(5) [on the constitution of, or on the declaration of any corporation or company as]
[These words were substituted for the words On the constitution of a Development Authority', by Maharashtra 21 of 1971, Section 3(4) .]
, a Development Authority for any new town, the local authority or authorities functioning, within the area designated under this Act as a site for the new town, immediately [before such, constitution or declaration]
[These words were substituted for the words 'before such constitution', by Maharashtra 21 of 1971, Section 3(4) .]
shall cease to exercise the powers and perform the functions and duties which the said Development Authority is competent to exercise and perform under this Act.
(6) The provisions of sections 5, 6, 7, 8, 9, 10 and 11 shall apply mutatis mutandis to a [Development Authority constituted under sub-section (2)]
[This portion was substituted for the words 'Development Authority' by Maharashtra 21 of 1971, Section 3(5) .]
as they apply in relation to a Regional Board.
(7) The Development Authority shall have its office at such place as the State Government may appoint in this behalf.
(8) A Development Authority shall have all the powers and shall carry out all the duties of a Planning Authority under this Act [(including all powers and duties under Chapters III and IV and also under other provisions of this Act)]
[This portion was deemed always to have been inserted by Maharashtra 30 of 1972, Section 8.]
as may be relevant for carrying out of its objects and all the provisions in respect of procedure under this Act shall apply so far as may be necessary in this behalf.
### 113A. [ Power of State Government to acquire land for Corporation or Company declared to be New Town Development Authority.
[Section 113A was inserted by Maharashtra 21 of 1971, Section 4.]
- Notwithstanding anything contained in this Act, or in any law for the time being in force, where any corporation or company is declared to be the New Town Development Authority under sub-section (3A) of section 113, the State Government shall acquire either by agreement or under the Land Acquisition Act, 1894 (and such acquisition may have been commenced before the coming into force of this section) any land within the area designated under this Act, as the site of the new town, any land adjacent to that area which is required for the purposes connected with the development of the new town, and any land whether adjacent to that area or not, which is required for provisions of services or amenities for the purposes of the new town; and vest such and in such Authority for the purposes of this Chapter] [by an order duly made in that behalf]
[These words were added by Maharashtra 22 of 1973, Section 3.]
.
### 114. Objects of Development Authority.
(1) The objects of a Development Authority shall be to secure the laying out and development of the new town in accordance with proposals approved in that behalf under the [provisions]
[This word was substituted for 'following povisions' by Maharashtra 30 of 1972, Section 9.]
of this Act, and for that purpose every such Authority shall [subject to the provisions of Section 113A]
[This portion was inserted by Maharashtra 21 of 1971, Section 5.]
have power to acquire, hold, manage and dispose of land and other property to carry out buildings and other operations, to provide water, electricity, gas, sewerage and other services, amenities and facilities and generally to do anything necessary or expedient for the purpose of the new town or for purposes incidental thereto.
[\* \* \* \* \* \* \* \* \*]
[The existing proviso was deleted by Maharashtra 6 of 1976, Section 30.]
(2) Without prejudice to any provision of this Act requiring the consent of the State Government to be obtained for anything to be done by a Development Authority the State Government may give directions to any such Development Authority for restricting the exercise by it of any of its powers under this Act, or for requiring it to exercise those powers in any manner specified in the directions:
Provided that-
(a) before giving any such directions the State Government (shall consult with the Chairman, or if the Chairman is not available, with the Vice-Chairman, of the Development Authority constituted under sub-section (2) of section 113, or as the case may be, with the officer or officers of the Development Authority declared under sub-section (3A) of that section who is or are duly authorised by such Authority) unless the State Government is satisfied that, on account of urgency, such consultation is impracticable; and
(b) any transaction between any person and any such Development Authority acting in the purported exercise of their powers, under this Act shall not be void by reason only that it was carried out in contravention of such directions, unless that person had actual notice of the directions.
(3) For the avoidance of doubt, it is hereby declared that the provisions of subsection (1) with respect to the powers of Development Authorities relate only to their capacity as statutory corporation; and nothing in this section shall be construed as authorising the disregard by a Development Authority of any enactment or rule of law.
### 115. Planning and control of development in new towns.
- [Without prejudice to the provisions of sub-section (8) of section 113, the Development Authority]
[This portion was deemed always to have been substituted for 'The Development Authority' by Maharashtra 30 of 1972, Section 10.]
shall from time to time submit to the State Government in accordance with any directions that may be given by the State Government in that behalf, its proposals for the development of land within the area designated under this Act as the site of the new town, and the State Government, [after consultation with the Director of Town Planning]
[These words were substituted for the words 'after consultation with the local authority within whose area the land is situated, and with any other local authority who appear to the State Government to be concerned' by Maharashtra 11 of 1973, Section 5.]
, may approve any such proposals either with or without modification.
### 116. Acquisition of land by Development Authority [constituted under section 113(2) ]
[This portion was inserted by Maharashtra 21 of 1971, Section 6.]
.
- A Development Authority [constituted under sub-section (2) of section 113]
[This portion was inserted by Maharashtra 21 of 1971, Section 6.]
shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purpose of acquisition either by agreement or under the Land Acquisition Act, 1894 of-
(a) any land within the area designated under this Act as the site of the new town;
(b) any land adjacent to that area which is required for purposes connected with the development of the new town; and
(c) any land whether adjacent to that area or not which is required for provision of services of amenities for the purposes of the new town.
### 117. Obligation to purchase designated land.
- Where any land within the area designed by a notification under section 113 of this Act as the site of the new town has not been [acquired by the State Government or a Development Authority constituted under sub-section (2) of section 113]
[This portion was substituted for the word 'acquired by a Development Authority', by Maharashtra 21 of 1971, Section 7(a) .]
within a period of ten years from the date of the notification, any owner of the land may by notice in writing [served on the State Government or the Development Authority]
[These words were substituted for the words 'served on the Development Authority', by Maharashtra 21 of 1971, Section 7(b) .]
require it to acquire his interest therein; and thereupon, the provisions of section 127 providing for lapsing of reservations shall apply in relation to such land as they apply in relation to land reserved under any plan under this Act.
### 118. Disposal of land by Development Authority.
(1) Subject to any directions given by the State Government under this Act, a Development Authority may dispose of any land acquired by it [or vesting in it]
[These words were inserted by Maharashtra 21 of 1971, Section 8(a) .]
to such persons, in such manner, and subject to such terms or conditions as they consider expedient for securing the development of the new town in accordance with proposals approved by the State Government under this Act:
Provided that, a Development Authority shall not have power, except with the consent of the State Government, to sell any land or to grant a lease of any land for a term of more than ninety-nine years, and the State Government shall not consent to any such disposal of land unless it is satisfied that there are exceptional circumstances which render the disposal of the land in that manner expedient.
(2) The powers of a Development Authority with respect to the disposal of [land acquired for it for the purposes of this Act]
[These words were substituted for the words 'land acquired by them under this Act', by Maharashtra 21 of 1971, Section 8(b) (1).]
shall be so exercised as to secure, so far as practicable, that persons who were living or carrying on business, or other activities on land so acquired shall, if they desire to obtain a plot or accommodation [on land belonging to, or vesting in,]
[These words were substituted for the words 'on land belonging to', by Maharashtra 21 of 1971, Section 8(b) (2).]
the Development Authority and are willing to Comply with any requirements of the Development Authority as to its development and use, have an opportunity to obtain a plot or accommodation suitable to their reasonable requirements on terms settled with due regard to the price at which any such and has been acquired from them.
(3) Nothing in this Act shall be constructed as enabling a Development Authority to dispose of land by way of gift, mortgage or charge, but subject as aforesaid, references in this Act to the disposal of land shall be construed as reference to the disposal thereof in any manner, whether by way of sale, exchange or lease by the creation of any casement, right or privilege or otherwise.
### 119. Directions by State Government for disposal of land.
- The State Government may give to any Development Authority such directions with respect to the disposal of land acquired by the Authority [or vested in it]
[These words were inserted by Maharashtra 21 of 1971, Section 9.]
under this Act and with respect to the development by that Authority of such land as appear to the State Government to be necessary or expedient for securing so far as practicable, the preservation of any features or objects of special architectural or historic interest.
### 120. Power to make agreement for provision of services.
- A Development Authority may make any agreement or enter into any contract with any local authority, Planning Authority or statutory body in order to secure the provision of services, such as water supply, drainage, including sewerage electricity, gas within the area of the new town, subject to the power of the State Government to modify or disallow such agreement or contract.
### 121. Contributions by Development Authority towards expenditure of local authorities and statutory authority.
- Without prejudice to the generality of the powers conferred on a Development Authority under this Chapter, any Development Authority may, with the consent of the State Government contribute such sums as the State Government may determine towards expenditure incurred or to be incurred by any local authority, Planning Authority or statutory body in the performance, in relation to the new town, of any of their statutory functions, including expenditure so incurred in the acquisition of land.
### 122. Advances and payments by State Government to Development Authorities.
(1) For the purpose of enabling a Development Authority [constituted under sub-section (2) of section 113]
[This portion was inserted by Maharashtra 21 of 1971, Section 10(a) .]
to defray expenditure properly chargeable to capital account including the provision of working capital, the State Government may, after due appropriation made by the State Legislature by law in this behalf make advances to the Development Authority repayable over such and on such terms as may be approved by the State Government.
(2) For the purpose of enabling [such Development Authority]
[These words were substituted for the words 'a Development Authority' by Maharashtra 21 of 1971, Section 10(b) .]
to defray any other expenditure, the State Government may, after due appropriation made by the State Legislature by law in this behalf, make grants to the Development Authority of such amounts it may decide in this behalf.
(3) All sums received by the State Government by way of interest on an advance made to a Development Authority under sub-section (1) and all sums received by way of repayment of the principal of such an advance shall be paid into the Consolidated Fund of the State; and the State Government shall lay before each House of the Legislature of the State a statement of any sums due from a Development Authority by way of interest on or repayment of any such advances which are not duly paid to the State Government in accordance with the terms approved under sub-section (1).
(4) It shall be a condition of the making of advances to a Development Authority under this section that [the plans or proposals]
[These words were substituted for the words the proposals' by Maharashtra 30 of 1972, Section 11.]
for development submitted to the State Government [under this Act]
[These words were substituted for 'under section 115', by Maharashtra 30 of 1972.]
shall be approved by the State Government as being likely to secure for the Development Authority an overall return which is reasonable, having regard to all the circumstances, when compared with the cost of carrying out those proposals.
(5) The provisions of Chapter VIII in regard to budget, accounts and audit shall [except as provided in that Chapter]
[These words were inserted by Maharashtra 21 of 1971, Section 10(c) .]
apply to every Development Authority.
(6) Every Development Authority shall provide the State Government with such information relating to the undertaking of the Authority as the State Government may from time to time require, and for that purpose shall permit any person authorised by the State Government in that behalf to inspect and make copies of the accounts, books, documents or papers of the Development Authority and shalt afford such explanation thereof as that person or the State Government may reasonably require.
### 122A. [ Power of Development Authority to borrow and to accept deposits.
[Section 122A was inserted by Maharashtra 6 of 1976, Section 31.]
(1) Without prejudice to the provisions of section 122, a Development Authority constituted under sub-section (2) of section 113 may,-
(a) subject to such conditions as may be determined in this behalf by the Government, borrow money in the open market or otherwise with a view to provide itself with adequate resources;
(b) accept deposits on such conditions as it deems fit from persons to whom allotment or sale of land or building or any structure is made, or is likely to be made, in furtherance of the objects of this Chapter.
(2) All moneys borrowed under sub-section (1) may be guaranteed by the State Government as to the repayment of principal and interest at such rates and on such conditions as the State Government may determine at the time the moneys are borrowed].
### 123. Transfer of undertaking of Development Authority.
(1) Without prejudice to the power of a Development Authority under this Act to dispose of any of their Property, a Development Authority may by an agreement made with any local authority, or Planning Authority and approved, by the State Government transfer to that local authority or Planning Authority any part of the property of the Development Authority upon such terms as may be prescribed by the agreement:
Provided that, before approving such agreement, the State Government shall publish in the Official Gazette and in one or more local newspapers a notice stating that the agreement has been submitted for approval and describing the general effect of the agreement.
(2) If the State Government is satisfied that it is expedient, having regard to any agreement made or proposed to be made under sub-section (1) that the liability of the Development Authority in respect of advances made to it under this Act should be reduced, the State Government may, by an order reduce that liability to such extent as may be specified in the order.
(3) The payment of any sums payable by a local authority or Planning Authority for the purposes of an agreement under this section shall be a purpose for which that authority may, notwithstanding anything contained in any law constituting such authority, borrow money.
### 124. Combination and transfers of Development Authority.
(1) If it appears to the State Government, in the case of any area designated under this Act as the site of a new town, that there are exceptional circumstances which render it expedient that the functions of a Development Authority under this Act should be performed by the Development Authority established for the purpose of any other new town, instead of by a separate Development Authority established for the purpose, it may, in lieu of establishing such a separate Development Authority by order, direct that the said functions shall be performed by the Development Authority established for the said other new town.
(2) If it appears to the State Government that there are exceptional circumstances, which render it expedient that the functions of a Development Authority established for the purposes of a new town should be transferred to the Development Authority established for the purposes of any other new town, or to a new Development Authority to be established for the purposes of the first mentioned Development Authority and for the transfer of its functions, property, rights and liabilities to the Development Authority established for the purpose 2 of the said other new town or, as the case may be, to a new Development Authority established for the purposes of the first mentioned new town by the order.
(3) Without prejudice to the provisions of this Act with respect to the variation of orders made thereunder an order under this section, providing for the exercise of functions in relation to purposes of another new town, or for the transfer of such functions to such a Development Authority, may modify the name and constitution of that Development Authority in such a manner as appears to the State Government to be expedient, and for the purposes of this Act that Development Authority shall be deemed to have been established for the purposes of each of those new towns.
(4) Before making an order under this section providing for the transfer of functions from or to a Development Authority or for the exercise of any functions to such a Development Authority, the State Government shall consult with that Development Authority.
[Chapter VI-A]
[Chapter VI-A was inserted by Maharashtra 16 of 1992, Section 2.]
Levy, Assessment and Recovery of Development Charge
### 124A. Levy of Development Charge.
(1) Subject to the provisions of this Act, the Planning Authority or the Development Authority (hereinafter in this Chapter collectively referred as "the Authority"), shall levy within the arena of its jurisdiction development charge on the institution of use or change of use of any land or building, or development of any land or building, for which permission is required under this Act, at the rates specified by or under the provisions of this Chapter:
Provided that, where land appurtenant to a building is used for any purpose independent of the building, development charge may be levied separately for the building and the land.
(2) The development charge stall be leviable on any person who institutes or changes the use of any land or undertakes or carries out any development:
Provided that,-
[(i) no such development charge shall be leviable under the provisions of this Chapter in respect of use or change of use of any land or building, or development of any land or building, or both, for which a development permission has, had already been granted or deemed to have been, granted by the Planning Authority or the Development Authority either by way of commencement certificate or by way of any other mode of permission for development granted under this Act or any other law for the time being in force by way of approval subject to condition in the form of a written notice (Intimation of Disapproval) by the Commissioner under section 346 of the Bombay Municipal Corporation Act, before the 10th day of August 1992, being the date of commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1992 (hereinafter in this section referred to as "the said date"), irrespective of whether or not the institution of use or change of use or actual development work of land or building or both, has been effected or commenced or completed, as the case may be and whether or not the completion certificate for any such use change of use or development is granted by the Planning Authority or Development Authority, before the said date;]
(ii) where the development permission for land development, including permission for sub-division of a land, land development or land reclamation not involving any building or construction operations has had already been granted by the Planning Authority or the Development Authority before the said date, no development charge in respect of such land shall be leviable for the land development activities, irrespective of whether or not development of such land (not involving any building or construction operations) has actually been commenced or completed before the said date. However, if at a later date, a permission for construction operations is granted, the development charge in respect of such land shall be leviable only for the building or construction activities:
Provided further that, nothing in this Chapter shall apply to demolition of any existing building, structure or erection, or part of such building, structure or erection.]
[These proviso were added and the first proviso was deemed to have been added with effect from 10th August, 1992 by Maharashtra 10 of 1994, Section 10.]
### 124B. Classification of user of lands and buildings, rates of development charge and procedure for levy thereof.
(1) (a)
For the purposes of assessing the development charge, the user of land and building shall be classified under the following categories, namely:-
(i) Industrial;
(ii) Commercial;
(iii) Residential;
(iv) Institutional.
(b) In classifying the user of land and building under any of the categories mentioned in clause (a), the predominant purpose for which such land and building is used shall be the basis for such classification.
(2) [ On and from the date of commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 2010, development charge shall be levied and collected by the Authority at the rates specified in column (4) of the Second Schedule; and the Authority may, subject to the other provisions of this Chapter, enhance, from time to time, the rate specified in column (4) of the Second Schedule and levy the development charge at such enhanced rate:
Provided that, the Authority may, subject to the other provisions of this Chapter, reduce, from time to time, the enhanced rate and levy development charge at such reduced rate, so however that in no case the rate shall be reduced below the rate specified in column (4) of the Second Schedule.]
[Sub-section (2) was substituted by Maharashtra 34 of 2010. Section 2(1).]
(2A)
[ Notwithstanding anything contained in sub-section (1) , when the Maharashtra industrial Development Corporation is the Special Planning Authority deemed to have been appointed as such under sub-section (1A) of section 40, for a notified area under its jurisdiction as provided in the said sub-section (1A), it shall be lawful for such Planning Authority to levy within such notified area, the development charges at such rate which may be lower than the [\* \* \*] [[Sub-section (2A) was inserted Maharashtra 10 of 1994, Section 11.
Section 12 of Maharashtra 10 of 1994 read as under:-
### 12. For the removal of doubt it is hereby declared that, sub-section (2) of section 124A of the principal Act, having been retrospectively amended, that sub-section (2) as it existed before the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1993, shall, notwithstanding anything contained in any judgement, order or decree of any Court, be deemed never to have authorised any Planning Authority or Development Authority to levy any development charge, in respect of any development referred to in the first proviso to that sub-section (2) and where on or after the 10th day of August, 1992, any Planning or the Development Authority has levied and collected any development charges under this Chapter in respect of any land or building or, both covered by the said proviso, then, the Planning Authority or the Development Authority shall refund the amount of such development charges to the person from whom such charges have been collected either by way of payment or by adjusting the same against any other dues payable by such person under the provisions of this Act to the Planning Authority, with interest on such amount of refund or adjustments at the rate of 14 per cent per annum.]] rates specified by or under the provisions of this Chapter, as it may fix, from time to time.] (3)
The Authority, before enhancing or reducing the rate and levying the development charge at such rate shall observe the following preliminary procedure, namely:-
(a) the Authority shall, by a resolution passed at a special meeting, approve the regulations prescribing the rates of the development charge proposed to be levied by it;
(b) when such a resolution is passed, the Authority shall take further action to obtain the previous sanction of the State Government to the regulations.
### 124C. Development charge to be brought into force as specified by Government.
- After the regulations in respect of development charge as sanctioned by the State Government under section 124B, such development charge shall be brought into force on or after the date to be specified by the State Government its sanction.
### 124D. Local publication of notification relating to development charge with notice.
(1) The regulations referred to in sections 124B and 124C, as sanctioned and published in the Official Gazette, shall be displayed by the Authority on notice board in its office. The Authority shall also publish a notice in a local newspaper, informing the inhabitants of the area within its jurisdiction, of the subject matter of the regulations so displayed and the date on which they shall come into force.
(2) When the rates at which the development charge, is leviable are enhanced or reduced under sub-section (2) of section 124B, it shall not be necessary to give any separate notice thereof to the owners or occupiers of the lands or buildings, affected thereby.
### 124E. Assessment and recovery of development charge.
(1) Any person who, after the commencement of the Maharashtra Regional and Town Planning (Amendment) Act, 1992, intends to carry out any development or institute or change any use of any land or building for which permission is required under this Act, whether he has applied for such permission or not, or who has commenced carrying out any such development or has carried out such development or instituted or changed any such use, shall apply to the Authority within such time and in such manner as may be prescribed, for the assessment of development charge payable in respect thereof.
(2) The Authority shall, on such application being made or if no such application is made, by a person instituting or changing any use of any land or building, then after serving a notice in writing on the person liable to such payment and after calling for a report in this behalf from the concerned officer of the Authority, after taking into consideration the report aforesaid, determine whether or not and if so, what development charge is leviable in respect of that development or, institution of use or change of use, and after giving the person concerned an opportunity to be heard, shall then assess the amount of development charge payable by such person and give to such person a notice in writing of such assessment:
Provided that, -
(a) where permission under this Act has not been granted for carrying out the said development, the Authority may postpone the assessment of the development charge;
(b) where the application relates to the carrying out or any development, the Authority may refuse to assess the amount of development charge payable by such person concerned unless it is satisfied that the applicant has an interest in the land or building sufficient to enable him to carry out such development or that the applicant Is able to acquire such interest and that the applicant shall carry out the development within such period as the Authority may determine.
(3) The amount of Development charge as shown in the notice of assessment shall be paid within thirty days of the date of receipt thereof by such person and where the amount has not been so paid or has been partly paid an interest at, the rate of eighteen per cent. per annum upon any amount outstanding shall be payable from the date immediately following the date on which the period of thirty days as aforesaid expires till the date of payment of such amount.
(4) The Authority shall, in regard to the area lying within its jurisdiction, collect all development charges due under this Act in respect of any development in that area.
(5) (a)
The development charge, together with interest, if any, payable in respect of any land or building shall, subject to the provisions of sub-section (6) , be the first charge on such land or building, subject to the prior payment of land revenue, if any, due to the Government thereon.
(b) The development charge payable in respect of any land or building by any person shall, together with interest due upto the date of realisation, be recoverable from such person or this successor-in-interest in such land or building, as arrear of land revenue.
(6) Notwithstanding anything contained in sub-section (5), where a promoter as defined in clause (c) of section 2 of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963, intends to carry out any development or institute or change any use of any land or building, the liability to pay the development charge in respect of any such land or building and interest, if any, shall be that of such promoter; and any amount of such development charge and interest remaining outstanding shall, without prejudice to any other mode of recovery thereof available against such promoter, be the first charge on any other property which he owns or in which he has a right, title or interest (in which case such charge shall be limited to the extent of his such right title or interest), subject to the prior payment of and revenue, if any, due to Government thereon.
### 124F. Exemptions.
(1) No development charge shall, be levied on institution of use or of change of use, or development of any land or building vested in or under the control or possession of the Central or State Government or of any local authority.
(2) Subject to such conditions as it may impose, the State Government may, by notification in the Official Gazette, exempt partially from the payment of development charge payable on the development of any and or building by any educational institution, medical institution or charitable institution.
(3) [ Notwithstanding anything contained in sub-sections (1) and (2), the State Government may, by notification in the Official Gazette and subject to such terms and conditions as may be specified therein, exempt partially a Special Township Project undertaken by a private developer under the Special Development Control Regulations made under the provisions of this Act, from payment of the development charges.]
[Inserted by Maharashtra Section 2. Enforcement date to be notified in the Official Gazette.]
### 124G. Appeal.
(1) Any person aggrieved by an order passed by the Authority under section 124E may prefer an appeal to the State Government or to such an officer as may be appointed by the State Government in this behalf, being an officer not below the rank of Deputy Secretary to Government; and such appeal shall be made in such manner and accompanied by such fee, as may be prescribed.
(2) The State Government or the officer so appointed may, after giving a reasonable opportunity to the appellant and the Authority of being heard, by an order confirm, reduce, enhance or annul the assessment.
(3) Where the assessment is annulled or set aside in an appeal the State Government or such officer deciding the appeal may direct Authority to make a fresh assessment after such further enquiry as may be directed.
(4) Every order passed in appeal under this section shall be final and shall not be questioned in any suit or other legal proceedings.
### 124H. Procedure for filing appeal.
- No appeal under section 124G shall be entertained unless,-
(a) the appeal is brought within forty-five days next after the receipt of notice of assessment under sub-section (2) of section 124E by the person concerned:
Provided that, the State Government or the officer so appointed may, admit an appeal preferred after the expiration of the forty-five days as aforesaid if, the Government or such officer is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.
(b) the amount claimed in the notice of assessment from the appellant together with the amount of interest, if any due thereon, has been deposited by him in the office of the Authority.
### 124I. Interest on amount of enhanced assessment or of refund.
- If, as a result of an order passed in appeal under section 124G, the assessment is enhanced and any amount of difference is required to be recovered from the appellant or any amount from out of the amount paid under clause (b) of section 124H is required to be refunded to the appellant, and interest at the rate of eighteen per cent per annum shall be payable,-
(a) in the case of amount to be so recovered, from the date of the notice of original assessment till the date of recovery thereof; and
(b) in the case of amount to be so refunded, from the date on which the amount was paid under clause (b) or section 124H till the date of refund thereof.
### 124J. Development Fund.
(1) There shall be established and set apart a separate fund to be called "the Development Fund" and an Authority shall separately show the same in its budget.
(2) All moneys received by the authority as development charge together with interest thereon, if any, under this Chapter shall be credited to the Development Fund.
(3) The moneys credited, from time to time, to the said Fund shall be applied only for the purposes of providing public amenities in the area and maintenance and improvement of the area under the jurisdiction of the said Authority.
(4) Surplus moneys at the credit of the said Fund, which cannot immediately or at an early date be applied for the purposes aforesaid, shall, from time to time, be deposited by the Authority in the bank.
Explanation. - For the purposes of this sub-section, the expression "bank" means, -
(i) the State Bank of India constituted under the State Bank of India Act, 1955;
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980;
(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934, or being such a bank as may be approved by the State Government.
### 124K. Stoppage of work of development and penalty.
(1) Where any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land or building without the payment of development charge payable under this Chapter, the Authority may serve on such person a notice requiring to stop the development work or the change of any such land or building and from the time of the service of such notice, such person shall discontinue such development or change of use of such land or building.
(2) The notice issued under sub-section (1) and served upon such person may require,-
(a) the demolition of the development work, if any carried out, within the time specified in such notice, and
(b) the discontinuance of any further development or change of use of such land or building.
(3) Any person, who continues to carry out the development or change of use of any such land or building, whether for himself or on behalf of the owner or any other person, after such notice has been served upon him, shall, on conviction, be punished with imprisonment for a term which shall not be less than three months, but which may extend to three years and with fine which shall not be less than one thousand rupees, but which may extend to five thousand rupees; and when the non-compliance with notice is a continuing one, with further fine which may extend to hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
(4) On the failure of such person to demolish the work of development, if any as required under such notice, the Authority may itself demolish such development and any expenses incurred by the Authority for doing so shall be recoverable from such person as arrear of land revenue.
### 124L. Chapter to have overriding effect, but shall be in addition, to existing local authority laws.
(1) The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in this Act or any other law for the time being in force
(2) Subject to the provisions of sub-section (1), the provisions of this Chapter shall be in addition to, and not in derogation of, any other provisions of this Act or any law relating to municipal corporation, municipal council or other local authority of any urban area.
Chapter VII
Land Acquisition
---------------------------------
### 125. Compulsory acquisition of land needed for purposes of Regional Plan, Development plan or town planning etc.
- Any land required, reserved or designated in a Regional plan, Development plan or town planning scheme for a public purpose or purposes including plans for any area of comprehensive development or for any new town shall be deemed to be land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.
### 126. Acquisition of land required for public purposes specified in plans.
(1) When after the publication of draft Regional Plan, a Development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this Act at any time the Planning Authority, Development Authority, or as the case may be, [any Appropriate Authority may, except as otherwise provided in section 113A]
[This portion was substituted for the words 'any Appropriate Authority may acquire the land', by Maharashtra 21 of 1971, Section 11(1) .]
acquire the land,-
[(a) by agreement by paying an amount agreed to, or
(b) in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the Planning Authority, Development Authority or Appropriate Authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by any of the said Authorities concerned on the basis of the principles laid down in the Land Acquisition Act, 1894, Floor Space Index (FSI) or Transferable Development Rights (TDR) against the area of and surrendered free of cost and free from all encumbrances, and also further additional Floor Space Index or Transferable Development Rights against the development or construction of the amenity on the surrendered- land at his cost, as the Final Development Control Regulations prepared in this behalf provide, or
(c) by making in application to the State Government for acquiring such land under the Land Acquisition Act, 1894,
and the and (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of Floor Space Index or additional Floor Space Index or Transferable Development Rights under this sections or under the Land Acquisition Act, 1894, as the case may be, shall vest absolutely free from all encumbrances in the Planning Authority. Development Authority, or as the case may be, any Appropriate Authority.]
[This portion was substituted and shall be deemed to have been substituted, on the 25th March, 1991, for the words and figures 'acquire the land either by agreement or makes an application to the State Government for acquiring such and under the Land Acquisitions Act, 1894' by Maharashtra 10 of 1994, Section 13(a) .]
(2) On receipt of such application, if the State Government is satisfied that the land specified in the application is needed for the public purpose therein specified, or [if the State Government (except in cases falling under section 49 [and except as provided in section 113A)]
[These words were substituted for the words 'if the State Government itself is of opinion' by Maharashtra 14 of 1971, Section 6(1) (a).]
itself is of opinion] that any and included in any such plan is needed for any public purpose, it may make a declaration to that effect in the Official Gazette, in the manner provided in section 6 of the Land Acquisition Act, 1894, in respect of the said land. The declaration so published shall, notwithstanding anything contained in the said Act, be deemed to be a declaration duly made under the said section:-
[Provided that, subject to the provisions of sub-section (4) , no such declaration shall be made after the expiry of one year from the date of publication of the draft Regional Plan, Development Plan or any other Plan, or Scheme, as the case may be.]
[This proviso was substituted by Maharashtra 10 of 1994, Section 13(b) .]
(3) On publication of a declaration under the said section 6, the Collector shall proceed to take order for the acquisition of the land under the said Act; and the provisions of that Act shall apply to the acquisition of the said land, with the modification that the market value of the land shall be,-
[(i) where the land is to be acquired for the purposes of a new town, the market value prevailing on the date of publication of the notification constituting or declaring the Development Authority for such town;
(ii) where the land is acquired for the purposes of a Special Planning Authority, the market value prevailing on the date of publication of the notification of the area as an undeveloped area; and
(iii) in any other case the market value on the date of publication of the interim development plan, the draft development plan or the plan for the area or areas for comprehensive development, whichever is earlier, or as the case may be, the date or publication of the draft town planning scheme:
Provided that, nothing in this sub-section shall affect the date for the purpose of determining the market value of and in respect of which proceedings for acquisition commenced before the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972:
Provided further that, for the purpose of clause (ii) of this sub-section, the market value in respect of land included in any undeveloped area notified under sub-section (1) of section 40 prior to the commencement of the Maharashtra Regional and Town Planning (Second Amendment) Act, 1972, shall be the market value prevailing on the date of such commencement.]
[Sub-section (3) was substituted by Maharashtra 11 of 1973, Section 6.]
(4) [ [Notwithstanding anything contained in the proviso to sub-section (2) and sub-section (3), if a declaration]
[Sub-section (4) was added by Maharashtra 14 of 1971, Section 6(3).]
is not made within the period referred to in subsection (2) (or having been made, the aforesaid period expired on the commencement of the Maharashtra Regional and Town Planning [(Amendment) Act, 1993]
[These brackets, words and figures were substituted for the brackets, words and figures '(Amendment) Act, 1970', by Maharashtra 10 of 1994, Section 13(c)(ii).]
, the State Government may make a fresh declaration for acquiring the land under the Land Acquisition Act, 1894, in the manner provided by sub-sections (2) and (3) of this section, subject to the modification that the market value of the land shall be the market value at the date of declaration in the Official Gazette made for acquiring the land afresh.]
### 127. Lapsing of reservations.
- [(1) ]
[Re-numbered by Maharashtra 16 of 2009 Section 2.]
If any land reserved, allotted or designated for any purpose specified in any plan under this Act is not acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan comes into force [or, if a declaration under sub-section (2) or (4) of section 126 is not published in the Official Gazette within such period, the owner or any person interested in the land may serve notice, alongwith the documents showing his title or interest in the said land, on the Planning Authority, the Development Authority or, as the case may be, the Appropriate Authority to that effect; and if within twelve months]
[This portion substituted by Maharashtra 16 of 2009, Section 2 (a) .]
from the date of the service of such notice, the land is not acquired or no steps as aforesaid are commenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development as otherwise, permissible in the case of adjacent land under the relevant plan.
(2) [ On lapsing of reservation, allocation or designation of any land under sub-section (1), the Government shall notify the same, by an order published in the Official Gazette.]
[Sub-section (2) is added by Maharashtra 16 of 2009, Section 2(b).]
### 128. Power of State Government to acquire land for purpose other than the one for which it is designated in any [\* \* \*]
[The word 'draft' was deleted by Maharashtra 6 of 1976, Section 32(c) .]
plan or scheme.
(1) Where any land is included in [any plan or scheme]
[These words were substituted for the words 'any draft plan or scheme' by Maharashtra 11 of 1973, Section 7.]
as being reserved allotted or designated for any purpose therein specified or for the purpose of Planning Authority or Development Authority or Appropriate Authority and the State Government is satisfied that the same land is needed for a public purpose different from any such public purpose or purpose of the Planning Authority, Development Authority or Appropriate Authority, the State Government may notwithstanding anything contained in, this Act, acquire such land under the provisions of the Land Acquisition Act, 1894.
(1A)
[ Save as otherwise provided in this Act or any other law for the time being in force where any land included in any plan or scheme as being reserved, allotted or designated for any purpose therein specified or for the purposes of a Planning Authority or Development Authority or Appropriate Authority, is being acquired by the State Government under the provisions of the Maharashtra Industrial Development Act, 1961, for the Maharashtra Industrial Development Corporation (being the Special Planning Authority deemed to have been appointed as such under sub-section (1A) of section 40, the provisions of sub-sections (2) and (3) of this section shall mutatis mutandis, apply to such acquisition proceedings.]
[Sub-section (1A) was inserted by Maharashtra 10 of 1994, Section 14.]
(2) In the proceedings under the Land Acquisition Act, 1894, the Planning Authority, or Development Authority or Appropriate Authority, as the case may be, shall be deemed to be a person interested in the land acquired; and in determining the amount of compensations to be awarded, the market value of the land shall be assessed as if the land had been released from the reservation, allotment or designation made in the [any plan or scheme]
[These words were substituted for the words 'draft Regional Plan, draft Development Plan or draft town planning scheme' by Maharashtra 6 of 1976, Section 32(a) .]
or new town, as the case may be, and the Collector or the Court shall take into consideration the damage, if any, that Planning Authority or Development Authority or Appropriate Authority, as the case may be, may sustain by reason of acquisition of such land under the Land of Acquisition Act, 1894, or otherwise, and the proportionate cost, of the Development plan or town planning scheme or new town, if any, incurred by such Authority and rendered abortive by reason of such acquisition.
(3) On the land vesting in the State Government under section 16 or 17 of the Land Acquisition Act, 1894, as the case may be, the [relevant plan or scheme]
[These words were substituted for the words 'relevant draft plan or scheme' by Maharashtra 6 of 1976, Section 32(B) .]
shall be deemed to be suitably varied by reason of acquisition of the said land.
### 129. Possession of land in case of urgency.
(1) At any time after the publication of a notification under sub-section (2) of section 126, where the State Government, on an application of the Planning Authority, Development Authority or Appropriate Authority, is satisfied that the possession of any land which is reserved or designated for a public purpose either under a Regional plan or Development plan [\* \* \* \*]
[The words 'whether arable, waste or open' were deleted by Maharashtra 42 of 1973, Section 4.]
urgently required in the public interest by that Authority, the State Government may, by an order in writing authorise the, Collector to enter on and take possession of the land under acquisition after giving a notice of fifteen days; and thereupon, the right or interest in that land shall be extinguished from the date specified in the order; and on the date on which possession is taken, the land shall vest without any further assurance and free from encumbrances in the State Government:
Provided that, before or at the time of taking possession of any land under this sub-section, the Collector shall offer to the person interested compensation for the standing crops and trees, if any, on such land; and for any damage sustained by him which is caused by such sudden dispossession and not excepted in section 24 of the Land Acquisition Act, 1894, and if such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed in awarding compensation for the land under the provisions of the said Act.
(2) Where possession of land is taken under sub-section (1), the planning Authority, the Development Authority or as the case may be, Appropriate Authority, shall subject to the provisions of sub-section (1), pay to the owner concerned interest at 4 per cent per annum on the amount of compensation from the date of taking possession of the land under acquisition to the date of payment.
(3) Where possession of land is taken under sub-section (1), the Planning Authority, or Development Authority, or as the case may be, the Appropriate Authority may, at the request of the person interested, pay an advance not exceeding two-thirds of the amount estimated to be payable to such person on account of the land after executing an agreement in that behalf under section 157.
Chapter VIII
Finance, Account and Audit
--------------------------------------------
### 130. Funds.
(1) Every Regional Board [Special Planning Authority (other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40)]
[This portion was substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 8.]
or Development Authority [constituted under sub-section (2) of section 113 shall have and maintain its own fund to which shall be credited-]
[This portion was inserted by Maharashtra 21 of 1971, Sections 12, 13 and 14.]
(a) all moneys received by such Board or Authority from the State Government by way of grants, loans, advance or otherwise;
(b) all fees or charges received by such Board or Authority under this Act or Rules or Regulations thereunder;
(c) all moneys received from any other source.
(2) The fund, shall be applied towards meeting-
(a) the expenditure incurred in the administration of this Act;
(b) the cost of acquisition of land in the area of the authority concerned incurred for purposes of development;
(c) the expenditure for any development of land in the area of the Authority concerned undertaken by such Authority; and
(d) the expenditure for such other purposes as the State Government may direct.
(3) Every Regional Board, [Special Planning Authority (other than a Special Planning Authority appointed under clause (b) sub-section (1) of section 40)]
[This portion was substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 8.]
or Development Authority [constituted under sub-section (1) of section 113]
[This portion was inserted by Maharashtra 21 of 1971, Sections 12, 13 and 14.]
may keep in current account in the Reserve Bank of India or the State Bank of India or any other Bank approved by the State Government in this behalf, such sum of money out of its funds as may be prescribed by the rules and any money in excess of the said sum shall be invested in such manner as may be approved by the State Government.
(4) The State Government may, after due appropriation made by the legislature of the State by law in this behalf, make such grants, advances and loans to the Board or the Authority concerned as it may deem necessary for the performance of the functions under this Act; and all grants, loans and advances so made shall be on such terms and conditions as the State Government may determine.
### 131. Budget.
- Every Regional Board, [Special Planning Authority (other than a Special Planning Authority appointed under clause (b) sub-section (1) of section 40)]
[This portion was substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 8.]
or Development Authority [constituted under sub-section (2) of section 113]
[This portion was inserted by Maharashtra 21 of 1971, Sections 12, 13 and 14.]
shall prepare in such form and at such time every year as may be prescribed by rules, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of such Board of Authority and shall forward to the State Government such number of copies thereof as may be prescribed by rules.
[132 . Accounts and audit of Regional Plan.
[Sections 132 and 132A were substituted for section 132 by Maharashtra 6 of 1976, Section 33.]
(1) Every Regional Board shall maintain proper accounts and other relevant records and prepare annual statement of accounts including the balance sheet in such form as the State Government may by rules prescribe.
(2) The accounts of every Regional Board shall be subject to audit annually by the Chief Auditor, Local Fund Accounts of the State; and any expenditure incurred by him in connection with such audit shall be payable by that Board to the Chief Auditor.
(3) The Chief Auditor or any person appointed by him in connection with the audit of accounts of the Board shall have the same right, privilege and authority in connection with such audit as the Chief Auditor has in connection with the accounts, of local authorities; and in particular, shall have the right to demand the production of books of accounts, connected vouchers and other documents and paper and to inspect the office of the Board.
(4) The accounts of every Regional Board as certified by the Chief Auditor or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the State Government.
### 132A. Accounts and audit of Special Planning Authority and Development Authority.
(1) Every Special Planning Authority [other than a Special Planning Authority appointed under clause (b) of sub-section (1) of section 40]
[These words were substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 9.]
and Development Authority constituted under sub-section (2) of section 113 (hereinafter in this section collectively referred to as "the said Authorities") shall maintain books of accounts and other books in relation to its functioning under this Act in such form and in such manner as the State Government may by rules prescribe.
(2) The accounts of the said Authorities shall be audited by an auditor appointed by the State Government in consultation with the Comptroller and Auditor-General of India.
(3) As soon as the accounts of the said Authorities are audited, the said Authorities shall send a copy thereof together with the copy of the report of the auditor thereon to the State Government.
(4) The State Government shall cause accounts of the said Authorities together with the audit report thereon forwarded to it under sub-section (3) to be laid annually before each House of the State Legislature.]
### 133. Submission of report.
(1) Every Regional Board [Special Planning Authority]
[These words were substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 9.]
or Development Authority shall prepare for every year a report of its activities during that year and submit the report to the State Government in such form on or before such date as may be prescribed by rules.
(2) The State Government shall prepare for every year a report of the activities including the accounts of every Regional Planning Board [Special Planning Authority]
[These words were substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 9.]
or Development authority during that year. The State Government shall cause a copy of the resort to be laid before the State Legislature.
### 134. Pension and Provident Funds.
(1) Every Regional Board [Special Planning Authority]
[These words were substituted for the words 'Planning Authority' by Maharashtra 11 of 1973, Section 9.]
or Development Authority may constitute for the benefit of its whole time paid members and of its officers and other employees, in such manner and subject to such conditions as may be prescribed by rules, such pension or provident fund or both as it may deem fit.
(2) Where any such pension or provident fund has been constituted, the State Government may declare that the provisions of the Provident Funds Act, 1925 shall apply to such fund as if it were a Government Provident Fund.
Chapter IX
Supplemental and Miscellaneous
----------------------------------------------
### 135. Power of entry.
(1) The Director of Town Planning or any officer authorised by him, the Town Planning Officer of any Regional Board or Planning Authority, the Arbitrator, or any person authorised by the State Government, Regional Board, Planning Authority, Development Authority or Arbitrator may enter into or upon any land or building with or without assistants or workmen for the purpose of the preparation of a plan or scheme under this Act by-
(a) making any measurement or survey or taking levels of such land or building;
(b) setting out and marking boundaries and intended lines of development;
(c) marking such levels, boundaries and lines by placing marks and cutting trenches;
(d) examining works under construction and ascertaining the course of sewers and drains;
(e) ascertaining whether any land is being or has been developed in contravention of any provision of this Act, or rules or regulations thereunder:
Provided that,-
(i) in the case of any building used as a dwelling-house, or upon any enclosed part of garden attached to such a building, no such entry shall be made except between the hours of sunrise and sunset or without giving its occupier at least 24 hours, notice in writing of the intention to enter;
(ii) sufficient opportunity shall in every instance be given to enable women (if any) to withdraw from such land or building;
(iii) due regard shall always be had, so far may be compatible, with the exigencies of the purpose for which the entry is made to the social and religious usages of the occupants of the land or building entered.
(2) The powers of the Director of Town Planning shall extend to the whole of the State; and the power of any Town Planning Officer or any person authorised by the Regional Board, Planning Authority or Development Authority shall extend only to the area under the jurisdiction of such Board or Authority; and the power of the person authorised by the Arbitrator or State Government shall extend to such area as the Arbitrator or State Government may specify in this behalf.
(3) Any person who obstructs the entry of a person empowered or authorised under this section to enter into or upon any land or building or molests such persons after such entry shall on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.
### 136. Service of notice, etc.
(1) All documents including notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person shall save as otherwise provided in this Act or rule or regulation, be deemed to be duly served
(a) where the document is to be served on a Government department, railway, local authority, statutory authority, company, corporation, society or other body, if the document is addressed to the head of the Government department, General Manager of the Railway, Secretary or Principal Officer of the local statutory authority, company, corporation, society or any other body at its authority, principal, branch, local or registered office, as the case may be, and is either-
(i) sent by registered post to such office; or
(ii) delivered at such office;
(b) where the person to be served is a partnership, and if the document is addressed to the partnership at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-
(i) sent by registered post to such office; or
(ii) delivered at the said place of business;
(c) in any other case, if the document is addressed to the person to be served and-
(i) is given or tendered to him; or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates; or
(iii) if sent by registered post to that person.
(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building) without further name or description and shall be deemed to be duly served-
(a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed, is delivered to some person on the land or building.
(3) Where a document is served on a partnership in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any documents to be served on the owner of any property, the Secretary to the Regional Board or the Planning Authority or Development Authority may by notice in writing require the occupier (if any) of the property to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the service upon his guardian or any adult member of his family shall be deemed to be service upon the minor.
(6) A domestic servant is not a member of the family within the meaning of this section.
### 137. Public notice how to be made known.
- Every public notice given under this Act or rules or regulations thereunder shall be in writing over the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer who may be authorised in this behalf by such Board or Authority and shall be widely made known in the locality to be affected thereby, affixing copies thereof in conspicuous public places within the said locality and by publishing the same by beat of drum or by advertisement in one or more local newspapers, and by such other means which the Secretary thinks fit.
### 138. Notices, etc. to fix reasonable time.
- Where any, notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or rule or regulations thereunder, the notice, order or other document shall specify a reasonable time for doing the same.
### 139. Authentication of orders and documents.
- All permissions, orders, decisions, notice and all documents of a Regional Board, Planning Authority or Development Authority shall be authenticated by the signature of the Secretary to the Regional Board or Planning Authority or Development Authority or such other officer as may be authorised by such Board or Authority in this behalf.
### 140. Offences 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 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 the sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(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 officers shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section-
(a) "company" means a body corporate and includes a firm or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
### 141. Penalty for obstructing contractor or removing mark.
- If any person-
(a) obstructs, or molests any person engaged or employed by:a Regional Board, Planning Authority or Development Authority or any person with whom, any such Board or Authority has entered into a contract, in the performance or execution by such person of his duty or of anything which he is empowered or required to do under this Act, or
(b) remove any mark or boundary stone set up for the purpose of indicating any level or direction necessary" to the execution of any development authorised under this Act,
he shall on conviction, [be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both]
[These words were substituted for the words 'be punished with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months,' by Maharashtra 31 of 1983, Section 7.]
.
### 142. Sanction of prosecution.
- No prosecution for any offence punishable under this Act or rules made thereunder shall be instituted or no prosecution instituted shall be withdrawn, except with the previous sanction of the Regional Board, Planning Authority, or as the case may be, a Development Authority or any officer authorised by such Board or Authority in this behalf.
### 143. Compounding of offences.
(1) The Regional Board or Planning Authority or Development Authority concerned or any person authorised in this behalf by general or special order may either before or after the situation of the proceedings compound any offence made punishable by or under this Act or rules made thereunder.
(2) When an offence has been compounded, the offender; if in custody, shall be discharged; and no further proceedings shall be taken against him in respect of the offence compounded.
### 144. Jurisdiction of Courts.
- No court inferior to that of a judicial magistrate of the first class shall try an offence punishable under this Act.
### 145. Magistrate's power to impose enhanced penalties.
- Notwithstanding anything contained in section 32 of the [Code of Criminal Procedure, 1898,]
[Code of Criminal Procedure, 1973 (2 of 1974).]
it shall be lawful for any Presidency Magistrate or Magistrate of the First Class to pass any sentence authorised by this Act in excess of its power under the said section.
### 146. Members and officers to be public servants.
- Every member and every officer and other employee of a Regional Board or Planning Authority or Development Authority shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
### 147. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder.
### 148. Registration of documents, plan or map in connection with final plan or scheme not required.
(1) Nothing in the Indian Registration Act. 1908, shall be deemed to require, the registration of any document, plan or map prepared, made or sanctioned in connection with a final Regional plan or final Development Plan or final town planning scheme which has come into force.
(2) All such documents, plans and maps shall, for the purposes of sections 48 and 49 of the Indian Registration Act, 1908, be deemed to have been and to be registered in accordance with the provisions of that Act:
Provided that, documents, plans and maps relating to the sanctioned plan or scheme shall be accessible to the public in, the manner prescribed.
### 148A. [ Exclusion of time in certain cases.
[Section 148-A was inserted by Maharashtra 5 of 2014, Section 9, (w.e.f. 4-10-2013).]
- In computing the period, in relation to any Development plan, Regional plan or scheme under the provisions of Chapters II, III, IV and V of this Act, the period or periods during which any action could not be completed under the said Chapters, due to any interim order of any Court, shall be excluded.]
### 149. Finality of orders.
- Save as otherwise expressly provided in this Act, every order passed or direction issued by the State Government or order passed or notice issued by any Regional Board, Planning Authority or Development Authority under this Act shall be final and shall not be questioned in any suit or other legal proceedings.
### 150. Validation of acts and proceedings.
(1) No act done or proceeding taken under this Act, shall be questioned on the ground merely of-
(a) the existence of any vacancy in, or any defect in the constitution of a Regional Board, Planning Authority or Development Authority;
(b) any person having ceased to be a member;
(c) any person associated with a Regional Board, under section 10 having voted in contravention of the said section;
(d) the failure to serve a notice on any person, where no substantial injustice has resulted from such failure; or
(e) any omission, defect or irregularity not affecting the merits of the case.
(2) Every meeting of a Regional Board, Planning Authority or [Development Authority, constituted under sub-section (2) of section 113]
[This portion was substituted for the words 'Development Authority' by Maharashtra 21 of 1971, Section 15.]
, the minutes of the proceedings of which have been duly signed as prescribed, shall be taken to have been duly convened and to be free from all defects and irregularity.
### 151. Power to delegate.
(1) The State Government may, by a notification in the Official Gazette delegate any power exercisable by it under this Act, or rules thereunder to any officer of the State Government [in such case and subject to such conditions, if any, as may be specified in such notification]
[These words were added by Maharashtra 6 of 1976, Section 34.]
.
(2) The Director of Town Planning may, by an order in writing, delegate any power exercisable by him under this Act or rules thereunder to any officer subordinate to him in such case and subject to such conditions, if any, or may be specified therein.
(3) Any Regional Board, Planning Authority or Development Authority may, by a resolution, direct that any power exercisable by it under this Act, rules or regulations thereunder (except the power to prepare any Regional plan, Development Plan, town planning scheme or the plan of the New Town or to make regulations) may also be exercised by any officer of the State Government with the previous consent of the State Government, the Regional Board, Planning Authority or local authority or Development Authority as may be mentioned therein, such cases and subject to such conditions, if any, as may be specified therein.
(4) The Town Planning Officer of any Regional Board, Planning Authority or Development Authority may, by an order in writing, delegate any power exercisable by him under this Act, or rules or regulations thereunder to any officer of the Regional Board, Planning Authority or local authority or Development Authority in such cases and subject to such conditions, if any, as may be specified therein.
### 152. Powers of Planning Authority or Development Authority to be exercised by certain officers.
- Notwithstanding anything contained in section 151, the powers and functions of a Planning Authority or New Town Development Authority shall, for the purposes of sections 25, 43, 44, 45, 46, 49, 51, 53, 55, 56, 58, 89, 90, 107, 112, [126(1) (b)]
[These figures, brackets and letter were inserted by Maharashtra 10 of 1994, Section 15.]
, 135, 136 and 142 be exercised and performed by the following officers, namely:-
(1) the case of a Municipal Corporation by the Municipal Commissioner or such other officer as he may appoint in this behalf;
(2) in the case of Zilla Parishad by the Chief Executive Officer or such other officers as he may appoint in this behalf;
(3) in the case of a Municipal Council, by the Chief Officer of the Council; and
(4) in the case of any other local authority, Special Planning Authority or New Town Development Authority, by the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities:
[Provided that, in the case of a New Town Development Authority declared under sub-section (3A) of section 113, that Authority shall, for the purpose of information of the public, publish in the Official Gazette, and in such other manner as it may consider necessary, the officers of the Authority who will exercise the powers and perform the functions, of that Authority for the purposes of this Act.]
[This proviso was added by Maharashtra 21 of 1971, Section 16.]
[Provided further that, the State Government may, by a notification in the Official Gazette, delegate any of the powers exercisable under sections 44, 45, 46, 51, 53, 54, 55, 56, 135 and 136 of this Act by the Slum Rehabilitation Authority appointed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, acting as the Planning Authority, to the Chief Executive Officer of the Slum Rehabilitation Authority.]
[This proviso was added by Maharashtra 5 of 1996, Section 6.]
### 153. Power of Planning Authority to borrow money for Development Plan or for making or executing town planning scheme.
(1) A Planning Authority may, for the purpose of a Development Pan or the making or execution of a town planning scheme, borrow loans in accordance with the provisions of the Act under which that Authority is constituted or if such Act does not contain any provision for such borrowing, in accordance with the Local Authorities Loans Act, 1914.
(2) Any expenses incurred by a Planning Authority or the State Government under this Act or in connection with a Development plan or a town planning scheme may be defrayed out of the funds of the Planning Authority.
### 154. Control by State Government.
(1) Every Regional Board, Planning Authority and Development Authority shall carry out such directions or instructions as may be issued from time to time by the State Government for the efficient administration of this Act.
(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any Regional Board, Planning Authority or Development Authority under this Act, any dispute arises between the Regional Board, Planning Authority or Development Authority, and the State Government, the decision of the State Government on such dispute shall be final.
### 155. Returns and information.
(1) Every Regional Board, Planning Authority and Development Authority shall furnish to the State Government such reports, returns and other information as the State Government may from time to time require.
(2) Every local authority shall furnish to a Regional Board, Planning Authority or Development Authority (within the limits which that local authority is functioning) such report, returns and other information as the Board or Authority may require.
### 156. Effect of laws.
- Notwithstanding anything contained in any law for the time being in force-
(a) [\* \* \* \* \* \* \* \* \* \*]
[Clause (a) was deleted by Maharashtra 10 of 1997, Section 7.]
(b) when permission for such development has not been obtained under this Act, such development shall not be deemed to be lawfully undertaken or carried out by reason only of the fact that permission, approval or sanction required under such other law for such development has been obtained.
### 157. Power to make agreements.
(1) Unless otherwise provided in this Act, a Planning Authority or Development Authority shall be competent to make any agreement with any person or party in respect of any matter which is provided for under this Act subject to the right of the State Government to modify or disallow such agreement.
(2) Such agreement shall not in any way affect the rights of the State Government or third parties, but it shall be binding on the parties to the agreement notwithstanding any decision that may be passed by the State Government:
Provided that, if the agreement is modified by the State Government, either party shall have the option of avoiding it if it so elects.
### 157A. [ Authentication of plans and schemes and custody thereof.
[Section 157A was inserted by Maharashtra 24 of 1968, Section 3.]
(1) Every Regional plan, Development Plan or town planning scheme, which is finally sanctioned by the State Government shall be drawn up in duplicate, and every such plan or scheme on every page thereof shall be authenticated under the seal and signature of the Secretary to Government, [Urban Development and Public Health Department or such other officer not below the rank of a Deputy Secretary as may be specified by the Secretary]. One such plan or scheme shall be deposited with the Director of Town Planning and sealed with his seal and the second shall be deposited with the Planning Authority concerned [and in the case of a Regional Plan, such second copy together with all the documents, plans and maps relating thereto shall be deposited in the Head Office of the Board, and if the Board is dissolved, then in the nearest office of the State Planning and Valuation Department]
[These words were added by Maharashtra 6 of 1976, Section 35(1) (b).]
.
(1A)
[ Ever such Plan or scheme required under sub-section (1) of this section to bear the signature of the Secretary or such other officer shall be deemed to be properly signed if the first and the last page of such plan or scheme are signed by the Secretary or such other officer and the intervening pages thereof bear the seal and fascimile of the Secretary or such other officer thereon.]
[Sub-section (1A) was inserted by Maharashtra 6 of 1976, Section 35(2) .]
(2) The plan or scheme deposited with the Director of Town Planning under seal shall be kept under lock and key and in custody of the Director of Town Planning and shall not be utilised unless it is required for production, in any court or by any authority duly empowered in this behalf by the State Government for verifying any entry made or alleged to be made in any such plan or scheme; and a certified copy of any plan or scheme or any part thereof may be given to any person on payment of a fee therefor.
(3) Where a plan or scheme or any part thereof is produced for verification, such plan or scheme or part after the relevant entry or entries therein are duly verified (such verification being made in court, or as the case may be, in the presence of the Director of Town Planning or any officer duty nominated by him in that behalf) shall be resealed with the seal of the Director of Town Planning, and then deposited with him in the manner aforesaid.
(4) If any officer or person having custody of a plan, scheme or any part thereof makes or causes to be made any change in such plan, scheme or in any part, such change not being authorised by or under the provisions of this Act, he shall, on conviction, be published with imprisonment which may extend to six months and shall also be liable to a fine.]
### 158. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, and subject to the conditions of previous publication, make rules to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power the State Government may make rules for all or any of the following matters:-
(i) under sub-section (1) of section 5, the term of office and conditions of service of members of a Regional Board;
(ii) under section 8, rules subject to which a Regional Board may exercise powers and discharge duties;
(iii) under sub-section (4) of section 10, the allowances payable to members of a Regional Planning Committee;
(iv) under section 13, rules subject to which survey of a Regional and preparation of Regional plan may be made as provided in that section;
(v) under section 14, the form of a Regional plan and the manner in which it may be published;
(vi) under sub-section (1) of section 15, the period within which a Regional plan may be approved as provided in that section;
(vii) [ under sub-section (1) of section 16, the other manner in which a notice of the preparation of a draft Regional plan shall be published;]
[Clause (vii) was substituted for the original by Maharashtra 6 of 1976, Section 36(1).]
(viii) under section 17, the manner in which a notice of approval of a Regional Plan shall be published;
(ix) [ under sub-sections (2) and (3) of section 20, the other manner in which a notice of the revision and approval of the revision, of a Regional Plan shall be published;]
[Clause (ix) was substituted for the original by Maharashtra 6 of 1976, Section 36(2).]
(x) [ under sub-sections (1), (2) and (4) of section 21, the other manner in which a notice regarding preparation of the draft Development Plan shall be published;]
[Clause (x) was substituted for the original by Maharashtra 6 of 1976, Section 36(3).]
(xi) under sub-section (1) of section 23, the manner in which a notice of declaration of intention to prepare a Development Plan shall be published by a Planning Authority in one or more local newspapers;
(xii) under section 24, the qualifications of a person to be appointed as Town Planning Officer;
[(xii-a) under sub-section (1) of section 26, the other manner in which a notice regarding preparation of the draft Development Plan shall be published;
[Clauses (xii-a) and (xii-b) were inserted by Maharashtra 5 of 1976, Section 36(4) .]
(xii-b) under sub-section (1) of section 32, the other manner of publication of a notice regarding preparation of the interim Development plan;]
(xiii) under section 44, the form in which application for permission to carry out any development on land shall be made to a Planning Authority, the particulars which such application shall contain and the documents and fees, if any, which shall accompany it and exceptions to be made as provided in that section;
(xiv) under sub-section (2) of section 45, the form of commencement certificate;
(xv) under sub-section (1) of section 47, the manner in which an appeal under that section shall be made and the fees, if any which shall accompany it;
(xvi) under sub-section (2) of section 51, the time within which and the manner in which claim for compensation shall be made and under sub-section (3) of that section the time within which notice of refusal to accept compensation shall be given;
(xvii) under sub-section (3) of section 53, the manner of applying for permission under section 44;
(xviii) under sub-section (2) of section 56, the manner in which an appeal under that sub-section shall be made to the State Government under subsection of that section the time within which and the manner in which claims for compensation shall be made; and under sub-section (6) of that section, the period after disposal of appeal, if any, within which and the manner in which a purchase notice on the State Government shall be served;
(xix) under sub-section (1) of section 58, the documents and plans which shall accompany an intimation of the intention of any Government to carry out development of any land for the purpose of any of its departments or offices;
(xx) under sub-section (2) of section 60, the other manner in which the Planning Authority shall publish the declaration of its intention to make a town planning scheme;
(xxi) under sub-section (1) of section 61, the other manner in which the Planning Authority shall [publish a notice of making of]
[These words were substituted for the words 'publish' by Maharashtra 6 of 1976, Section 36(5) .]
a draft town planning scheme;
(xxii) under sub-section (1) of section 63, the manner of [publication of a notice]
[These words were substituted for the words 'making and publication' by Maharashtra 6 of 1976, Section 36(6) .]
of a draft town planning scheme under that sub-section;
(xxiii) under section 64 the other particulars which a draft town planning scheme shall contain;
(xxiv) under sub-section (1) of section 69, the form of commencement certificate;
(xxv) under sub-section (1) of section 72, the qualifications of a person to be appointed as Arbitrator; under sub-section (3) of that section, the procedure to be followed by an Arbitrator the manner in which he shall give notices and the form in which he shall draw the final town planning scheme;
(xxvi) under sub-section (3) of section 83, the manner in which the Arbitrator shall give notice under that sub-section;
(xxvii) under sub-section (1) of section 89, the procedure for evicting persons in authorised occupations;
(xxiii) under sub-section (1) of section 90, the notice to be given by the Planning Authority under that sub-section;
(xxix) under sub-section (2) of section 91, the [the other manner in which a notice shall be published regarding the preparation of]
[These words were substituted for the words 'manner in which the Planning Authority shalt prepare and publish' by Maharashtra 6 of 1976, Section 36(7) .]
a draft of variation of a town planning scheme; and under sub-section (3) of that section, the other particulars which the draft variation of a town planning scheme shall contain;
(xxx) under sub-section (2) of section 105, the period within which payment should be made by an owner to the Planning Authority;
(xxxi) under sub-section (4) of section 109, the procedure to be followed by the Tribunal;
[(xxxi-a) the time within which and the manner in which an application under sub-section (1) of section 124E, shall be made by the person to the Authority for assessment of development charge payable by him in respect of institution or change of use, or development of any land or building;
[These clauses were inserted by Maharashtra 16 of 1992, Section 3.]
(xxxi-b) under sub-section (1) of section 124G, the manner in which an appeal under that section shall be made and the fees, if any, which shall accompany it];
(xxxii) under sub-section (3) of section 130, the sum to be kert in current account in the Reserve Bank of India or the State Bank of India or any otter approved Bank;
(xxxiii) under section 131, the form of the budget and the time at which it shall be prepared and the number of copies of the budget to the forwarded to the State Government;
(xxxiv) under sub-section (1) of section 132, the form in which a Regional Board [\* \* \*]
[The words 'Manning Authority or Development Authority' were deleted by Maharashtra 6 of 1976, Section 36(8) .]
shall prepare an annual statement of accounts including the balance sheet;
[(xxxiv-a) under sub-section (1) of section 132A, the forms in which the Special Planning Authority and the Development Authority shall maintain their books of accounts and other books relating to business and transactions;]
[Clause (xxxiv-a) was inserted by Maharashtra 6 of 1976, Section 36(9) .]
(xxxv) under sub-section (1) of section 133, the form in which and the date before which an annual report of its activities shall be submitted to the State Government by a Regional Board, Planning Authority and Development Authority;
(xxxvi) under sub-section (1) of section 134, the manner in which and the conditions subject to which a Regional Board, Planning Authority or Development Authority shall constitute pension and provident funds;
(xxxvii) under sub-section (2) of section 148, the manner in which documents, plans and maps, relating to a sanctioned scheme shall be accessible to the public;
(xxxviii) any other matter for which rules may be made.
(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 thirty days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette, of such decision have effect only in such modified form or be of no effect; as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
### 159. Power to make regulations.
- [(1) Any Regional Board, Planning Authority or Development Authority may with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power,-
(i) a Regional Board or a Development Authority may make,-
(a) regulations subject to which it shall exercise powers and perform functions under this Act;
(b) regulations for regulating its procedure and the conduct of its business at its meeting;
(c) regulation providing for any other matter which has to be or may be prescribed by regulations;
(ii) a Planning Authority may make,-
(a) regulations prescribing the manner in which its order under sub-section (1) of section 45 shall be communicated to the applicant seeking permission under that section;
(b) regulations prescribing the time within which and the manner in which a notice shall be served on the State Government under sub-section (1) of section 49;
(c) regulations providing for any other matter which has to be or may be prescribed by regulations.]
(2) [ The State Government may make special development control regulations consistent with this Act and the rules made thereunder, to carry out the purpose of executing a Special Township Project and such regulations may be a part of Development Control Regulations of Development Plan or Regional Plan, as the case may be.]
[Sub-section (2) was added by Maharashtra 22 of 2005, Section 5, (w.e.f. 20-6-2005).]
### 159A. [ Special provisions relating to New Town Development Authority and Special Planning Authority.
[Section 159A was inserted by Maharashtra 47 of 1974, Section 2.]
- The provisions of [the First Schedule]
[Section 159 renumbered as sub-section (1) by Maharashtra 22 of 2005, Section 5, (w.e.f. 20-6-2005).]
hereto shall apply in relation to a New Town Development Authority and a Special Planning Authority referred to in section 40 of this Act.]
### 160. Dissolution of Regional Planning Board, Special Planning Authority and New Town Development Authority.
(1) Where the State Government is satisfied that the purposes for which any Regional Board, Special Planning Authority or Development Authority was established under this Act have been substantially achieved so as to render the continued existence of the Board or Authority in the opinion of the State Government unnecessary [or where the State Government is of opinion that the work of acquiring, developing and disposing of land in the area of any new town should be entrusted to any corporation, company or subsidiary company referred to in sub-section (3A) of section 113,]
[This portion was inserted by Maharashtra 22 of 1973, Section 4(1) .]
the State Government may, by notification in the Official Gazette, declare that the Regional Board, Special Planning Authority or Development Authority [constituted under sub-section (2) of section 113]
[This portion was inserted by Maharashtra 21 of 1971, Section 17.]
shall be dissolved with effect from such date as may be specified in the notification [or that the Development Authority declared under sub-section (3A) of section 113 shall cease to function in relation to such area of the new town from such date as may be specified in the notification,]
[This portion was inserted by Maharashtra 22 of 1973, Section 4(1) .]
; and such Board or Authority shall be deemed to be dissolved accordingly [or as the case may be, shall be deemed to cease to function in relation to such area of such new town.]
[This portion was inserted by Maharashtra 22 of 1973, Section 4(1) .]
(2) From the said date-
(a) all properties funds and dues which are vested in, or realisable by the Regional Board, Special Planning Authority or Development Authority [for the purposes of the Act]
[These words were inserted by Maharashtra 21 of 1971, Section 17(2) .]
shall vest in, or be realisable, by the State Government;
(b) all liabilities which are enforceable against the Regional Board, Special Planning Authority or Development Authority shall be enforceable against the State Government; and
(c) for the purpose of carrying out any development which has not been fully carried out by the Board or Authority and for the purpose of realising properties, funds and dues referred to in clause (a), the functions of the Regional Board, Special Planning Authority, or Development Authority shall be discharged by the State Government.
(3) [ Where a Development Authority constituted under sub-section (2) of section 113 for the area of any new town is dissolved, and a corporation or company in relation to that area is declared to be New Town Development Authority for that area under sub-section (3A) of section 113, then the provisions of sub-section (2) of this section shall consequent upon such dissolution apply with this modification that as if for the words "State Government" wherever they occur, the words, brackets, figures and letter "Development Authority declared under sub-section (3A) section 113" were substituted.]
[Sub-section (3) was added by Maharashtra 22 of 1973, Section 4(2).]
### 161. Vesting of property and rights of local authority ceasing to exist or ceasing to have jurisdiction.
- Where any Panning Authority (which is a local authority) ceases to exist or ceases to have jurisdiction over any area included in a development plan or town planning scheme, the property and rights vested in such Planning Authority under this Act shall, subject to all charges and liabilities affecting the same, vest in such other local authority or authorities as the State Government may, with the consent of such local authority or authorities, by notification in the Official Gazette, direct and such local authority or each one of such local authorities shall have all the powers under this Act in respect of such schemes or such part of a scheme as comes within its jurisdiction which the Planning Authority ceasing to exist or ceasing to have jurisdiction had.
### 162. State Government or person appointed by it may exercise power to perform duty conferred or imposed on Planning Authority and disbursement of expenses.
(1) If in the opinion of the State Government, any Regional Board, Planning Authority or Development Authority is not competent to exercise or perform, for neglects or fails to exercise or perform, any power conferred or duty imposed upon it by or under any of the provisions of this Act, State Government or any person or persons appointed in this behalf by the State Government may exercise such power or perform such duty.
(2) Any expenses incurred by the State Government or by such person in exercising such power or performing such duty shall be paid out of the funds of such Board or Authority; and if the Board or Authority fails to pay the expenses, then the State Government may make an order directing any person who for the time being has custody of any such funds to pay such expenses from such funds, and such person shall be bound to obey such order.
### 163. Special provision in case of dissolution etc. of Corporation, Zilla Parishad, etc.
- Where a municipal corporation is superseded under sub-section (1) of section 452 of the Bombay Provincial Municipal Corporations Act, 1949, or where Zilla Parishad is dissolved or superseded under sub-section (1) of section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 or where the Nagpur Improvement Trust is dissolved under sub-section (1) of section 12 of the Nagpur Improvement Trust Act, 1936 (or where an Administrator is appointed under section 313, or a Municipal Council is dissolved under section 315 of the Maharashtra Municipalities Act, 1965),-
(a) the person or persons appointed under clause (c) of sub-section (2) of the said section 452 of the Bombay Provincial Municipal Corporations Act, 1949, or under clause (b) of sub-section (2) of the said section 260 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, or under clause (b) of section 316 of the Maharashtra Municipalities Act, 1965, to exercise its powers or to perform its duties or the municipal corporations of the city of Nagpur discharging the functions of the Nagpur Improvement Trust under the said section 121 of the Nagpur Improvement Trust Act, 1936, or as the case may be, the Administrator appointed under section 313 of the Maharashtra Municipalities Act, 1965, exercising the powers and functions under section 314 of the Maharashtra Municipalities Act, 1965, shall be deemed to he a corporation, Zilla Parishad, Municipal Council, or as the case may be, the Nagpur Improvement Trust, within the meaning of clause (15) of section 2 of this Act and the person or persons, the municipal corporation of the city of Nagpur or as the case may be, the Administrator aforesaid so appointed may exercise all the powers and perform all the duties of a Planning Authority under this Act during the period of dissolution or supersession of the aforesaid body or during the term of office of the Administrator, as the case may be;
(b) in the event of a person or persons appointed as aforesaid or the Administrator exercising the powers and performing the duties of a Planning Authority under this Act, any property which may under the provisions of this Act vest in the Planning Authority exercising such powers and performing such duties shall, during the period of dissolution or supersession of the local authorities aforesaid, vest in the State Government; and such property shall at the end of the said period, vest in such Municipal Corporation or Zilla Parishad or Municipal Council as the State Government may, by notification in the Official Gazette, direct.
### 164. [Provisions of Bombay LXVII 1948, Hyderabad Act XXI of 1951 and Bombay XCIX of 1958 not to apply to town planning schemes]
- Deleted by Maharashtra 10 of 1977, Section 8.
### 165. Repeal and Savings.
(1) The Bombay Town Planning Act, 1954 and sections 219 to 226A and clause (xxxvi) of sub-section (2) of section 274 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, are hereby repealed.
(2) Notwithstanding the repeal of the provisions aforesaid, anything done or any action taken (including any declaration of intention to make a development) plan or town planning scheme, any draft development plan or scheme published by a local authority, any application made to the State Government for the sanction of the draft development plan or scheme, any sanction given by the State Government to the draft development plan or scheme or any part thereof, any restriction imposed on any person against carrying out any development work in any building or in or over any land or upon an owner of land or building against the erection or re-erection of any building or work, any commencement certificate granted, any order or suspension of rule, bye-law, regulation, notification or order made, any purchase notice served on a local authority and the interest of the owner compulsorily acquired or deemed to be acquired by it in pursuance of such purchase notice any revision of development plan, any appointment made of Town Planning Officer, any proceeding pending before, and decisions of, a Town Planning Officer, any decisions of Board of Appeal, any final scheme forwarded to, or sanctioned, varied or withdrawn by the State Government, any delivery of possession enforced, any eviction summarily made, any notice served, any action taken to enforce a scheme, any costs of scheme calculated and any payments made to local authorities by owners of plots included in a scheme, any recoveries made or to be made or compensation awarded or to be awarded in respect of any plot, any rules or regulations made under the repealed provisions shall be deemed to have been done or taken under the corresponding provisions of this Act, and the provisions of this Act shall have effect in relation thereto.
(3) All proceedings pending before a Board of Appeal constituted under the Bombay Town Planning Act, 1954, shall be continued before and disposed of by the Tribunal of Appeal under this Act as if an appeal had been made to it in respect thereof.
(4) References to Arbitrator in this Act shall include a reference to a Town Planning Officer whose appointment is continued in force under sub-section (2).
(5) The mention of particular matters in this section shall not affect the general application to the repeal of the provisions aforesaid of section 7 of the Bombay General Clauses Act, 1904 (which relate to the effect of repeal).
[ [First Schedule]
[This Schedule was added by Maharashtra 47 of 1974, Section 3.]
]
(See section 159A)
Special provisions relating to New Town Development Authority and Special Planning authority
### 1. Commencement of paragraph 7. - The provisions of paragraph 7 shall be deemed to have come into force on the 1st day of April 1972. ###
2. Definition. - In this Schedule "the relevant authority means the Development Authority, or, as the case may be, a Special Planning Authority referred to in section 40 of this Act.
### 3. Application of Bombay II of 1956 to premises of relevant authority. - (1) The State Government may, by notification in the Official Gazette, provide from such date as is mentioned therein that the Bombay Government Premises (Eviction) Act, 1955 (hereinafter in this paragraph referred to as the said Act), shall, subject to the provisions of sub-paragraph (2), apply to premises belonging to, vesting in, or taken on lease by, a relevant authority as that Act applies in relation to Government premises. (2)
On a notification being issued under sub-paragraph (1) , the said Act shall apply to such premises with the following modifications, that is to say :-
(a) for clause (b) of section 2 of the said Act, there shall be substituted the following clause, namely :-
"(b) 'Authority premises' means any premises belonging to, or vesting in, or taken on lease by, the Development Authority or Special Planning Authority within the meaning of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the relevant authority)";
(b) for section 3 of the said Act, there shall be substituted the following section, namely:-
"3. Appointment of competent authorities
The State Government shall appoint an officer who is holding or has held office whether under the Government or the relevant authority which in the opinion of the State Government is not lower in rank than that of a Deputy Collector or an Executive Engineer, to be the competent authority for the purposes of the said Act";
(c) references to "Government premises" in the said Act shall be deemed to be references to "Authority premises" and references to "the State Government" in sections 4, 6 and 9 shall be deemed to be references to the relevant authority;
(d) in section 6 of the said Act, in sub-section (1),-
(i) after clause (b), there shall be inserted the following clause, namely:-
"(c) an employee of the relevant authority,";
(ii) after the words "or, as the case may, be the local authority" the words "the relevant authority" shall be inserted.
### 4. Non-application of Rent Control Acts to premises of relevant authority. - The Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, or any other law corresponding thereto for the time being in force in any part of the State,- (a)
shall not apply to any premises belonging to, or vesting in, the relevant authority:
(b) shall not apply as against the relevant authority to any tenancy, licence or like relationship created by the relevant authority in respect of any such. premises;
(c) but shall apply in respect of any premises let or given on licence, to the relevant authority.
### 5. Non-application of Maharashtra XLV of 1963 to relevant authority. - Nothing contained in the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, shall apply to the relevant authority. ###
6. Recovery of moneys due to relevant authority as arrears of land revenue. - (1) Where any sum not being rent payable in respect of any Authority premises refekred to in paragraph 3 of this Schedule, payable to the relevant authority, whether under any agreement, express or implied or otherwise howsoever, is not paid on or before the due date-
(a) and the claim is not disputed, the person duly authorised by the relevant authority shall send to the Collector a Certificate under his hand indicating therein the sum which is due to the relevant authority or is claimed by that authority, as the case may be, and thereupon, the Collector shall recover the sum due or claimed as an arrear of land revenue;
(b) and the claim is disputed, it shall be referred to a Tribunal constituted by the State Government for the purpose which shall, after making such inquiry as it thinks fit, and after giving to the person by whom the sum is alleged to be payable a reasonable opportunity of being heard, decide the question; and the decision of the Tribunal shall be final and shall not be called in question in any court or before any other authority. Thereupon, the Collector shall recover the sum determined to be due as arrear of land revenue.
(2) The Tribunal shall consist of one person who is not connected with the relevant authority or with the person by whom the sum is alleged to be payable.
(3) The expenses of the Tribunal shall be borne by the relevant authority.
(4) The procedure to be followed by the Tribunal in deciding questions referred to it shall be such as may be prescribed,
### 7. Lump-sum contribution by relevant authority in lieu of taxes levied by local authorities. - (1) Subject to rules, if any, that may be made under this Act, and regard being had to the fact that the relevant authority itself provides in the area within the jurisdiction of the local authority all oi- any of the amenities which the local authority provides, the relevant authority shall not be liable to pay the taxes including property taxes, if any, but it shall be lawful to the local authority to arrive at an agreement with the relevant authority with the prior sanction of the State Government to receive a lump-sum contribution from the relevant authority in lieu of all or any of the taxes levied or services rendered by the local authority. (2)
Where no such agreement, as is referred to in sub-section (1) can be reached or there is any dispute regarding any matter referred to in the aforesaid sub-section, the matter may be referred to the State Government in such manner as the State Government may determine, and the State Government may, after giving to the local authority or the relevant authority or both a reasonable opportunity of being heard, decide the amount of such contribution. The decision of the State Government, shall be binding on the local authority and the relevant authority.
Explanation. - In this section, "local authority" has the meaning assigned to it by clause (26) of section 3 of the Bombay General Clauses Act, 1904,
### 8. Deduction from salary or wages to meet claims of relevant authority in certain cases. - (1) Any person dealing with the relevant authority may execute an agreement in favour of such authority providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement and, to pay to the relevant authority the amount so deducted in satisfaction of any debt or demand of the relevant authority against such person. (2)
On the execution of such agreement, the employer shall, if so required by the relevant authority, by requisition in writing, and so long as the relevant authority does not intimate that the whole of such debt or demand has been paid make the deduction in accordance with the agreement, and pay the amount so deducted to the relevant authority as if it were a part of the salary or wages payable by the employer as required under the Payment of Wages Act, 1936, on the day on which the, employer makes payment.
(3) if, after the receipt of a requisition made under the foregoing sub-section the employer at any time fails to deduct the amount specified in the requisition from the salary or wages payable to such person or makes default in remitting the amount deducted to the relevant authority, the employer shall be personally, liable for the payment thereof; and the amount shall be recoverable on behalf of the relevant authority from the employer as an arrear of land revenue.
(4) Nothing contained in this section shall apply to persons employed in any railways within the meaning of the Constitution)sand in mines and oil-fields.
### 9. [ [This paragraph was added by Maharashtra 6 of 1976, Section 37.]
(1) No suit shall be instituted against the relevant authority or against any officer or servant thereof or any person acting, under the orders of the relevant authority, in respect of any act done or purporting to have been done, in pursuance of execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act,-
(a) until the expiration of two months next after notice in writing has bean given to the relevant authority stating with reasonable particularity the cause of action and the name and place of residence of the intending plaintiff and of his attorney or agent, if any, for the purpose of such suit and the relief which he claims; nor
(b) unless it is commenced within six months next after the accrual of the cause of action.
(2) At the trial of any such suit,-
(a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice given as aforesaid;
(b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.
(3) Where the defendant in any such suit is an officer or servant of the relevant authority, payment of the sum or of any part of any sum payable by him in or in consequence of the suit, whether in respect of cost, charges, expenses, compensation for damages or otherwise may be made, with the sanction of the relevant authority.]
[Second Schedule
[This Schedule was substituted by Maharashtra 34 of 2010, Section 3.]
(See section 124B)
Part I – {|
-------------
|-
| SerialNo.
| Areas
| Nature and particulars of development
| Rate at which development charge to be levied
(in rupees per square metres)
|-
| (1) | (2)
| (3) | (4)
|-
| 1.
| Areas under the (a) jurisdiction of the Municipal
Corporations constituted or deemed to have been constituted
under the Mumbai Municipal Corporation Act, the Bombay
Provincial Municipal Corporations Act, 1949 and the City of
Nagpur Corporation Act, 1948, the Municipal Councils constituted
under the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965; and Special Planning
Authorities and New Town Development Authorities constituted
under this Act.
| (a) Development of land for residential or institutional use,
not involving any building or construction operations.
| 0.5 per cent. of the rates of developed land mentioned in the
Annual Statement of Rates prepared under the Bombay Stamp
(Determination of True Market Value of Property) Rules, 1995
made under the Bombay Stamp Act, 1958 (hereinafter, in this
, referred to as "the Stamp Duty Ready Reckoner").
----------------------------------------------------
|-
| (b) Development of land for residential or institutional use
involving only building or construction operations,–
|
|-
| (i) where development charge under Clause (a) has been paid;
| 2.00 per cent. of the rates of developed land mentioned in
the Stamp Duty Ready Reckoner;
|-
| (ii) Where development charge under clause (a) is not
required to be paid as the and has been developed before the
commencement of the Maharashtra Regional and Town Planning
(Amendment) Act, 1992.
| 2.00 per cent. of the rates of developed land mentioned in
the Stamp Duty Ready Reckoner;
|-
| (c) Development of land for residential or institutional use,
also involving building or construction operations;–
|
|-
| (i) for development
| 0.5 per cent. of the rates of developed land mentioned in the
Stamp Duty Ready Reckoner;
|-
| (ii) for construction
| 2.00 per cent. of the rates of developed land mentioned in
the Stamp Duty Ready Reckoner.
|}
Part II – (1) The rates of development charge for different nature or category of development of land and buildings for industrial and commercial users shall be one and a half times and two times of the rates of development charges, respectively, specified in column (4) for different corresponding nature or category of development of lands and buildings described in clauses (a), (b) and (c) in column (3) in Part-I of this Schedule for residential or institutional users.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(2) In the area under the jurisdiction of the respective municipal corporations, the development charge shall be levied for reconstruction or for the making of any material change in a building, at the rates specified in Part-I of the Schedule for the purpose of development of land involving only building or construction operations in such area.]
Notifications
Amended by G. N., U. D., P. H. & H. D. No. RPB. 1167/10964-W, dated 22nd January, 1969 (M. G. Part I-B, D. S., page 462)
G. N., U. D., P. H. & H. D., No. RPB, 1167-M dated 31st July, 1967 (M. G. Part I-B, D. S., page 1295) - In exercise of the powers conferred by sub-section (1) and (2) of section 4 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), the Government of Maharashtra hereby constitutes a Regional Planning Board consisting of the following persons for preparation of the Regional Plan for the development and use of the land in the Bombay Metropolitan Region, the limits of which have been defined in the Government Notification, Urban Development, Public Health and Housing Department No. RPB. 1067-M dated 8th June, 1967:-
| | | | |
| --- | --- | --- | --- |
|
1.
|
The Secretary to the Government of Maharashtra, Urban
Development, Public Health and Housing Department.
|
|
Ex-officio Chairman
|
|
2.
|
Shri S. V. S. Desai, Retired City Engineer, Bombay Municipal
Corporation.
|
|
Vice-Chairman
|
|
[2-A.
[Inserted by G. N. of 22-1-198.]
|
Secretary to the Government of Maharashtra Urban Development,
Public Health and Housing Department.
|
|
Member
|
|
2-B.
|
Secretary to the Government of Maharashtra Industries and
Labour Department.
|
|
Member]
|
|
(3 to 12-B) [Not Printed]
|
|
|
|
13.
|
Shri J. G. Kerkar, Deputy Director of Town Planning Regional
Plans, Bombay Town Planning Officer.
|
|
Member Secretary
|
### 2. The Regional Board shall have its office at Indian Mercantile Chambers, 4th Floor, Nicol Road, Ballard Pier, Fort, Bombay-I (the Office of the Deputy Director of Town Planning Regional Plans, Bombay). G. N., U. D., P. H. & H. D., No. RPP. 1167/M, dated 10th August, 1967 (M. G. Part I-BD. S. page 1365) - In exercise of the powers conferred by sub-section (1) and (2) of section 4 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), the Government of Maharashtra hereby constitutes a Regional Planning Board to be called the Pune Metropolitan Regional Planning Board consisting of the following persons for preparation of the Regional Plan for the development and use of land in the Pune Metropolitan Region, the limits of which have been defined in Government Notification, Urban Development Public Health and Housing Department, No. RPP. 1067/10963/M, dated 7th July, 1967:-
| | | | |
| --- | --- | --- | --- |
|
1.
|
The Secretary to the Government of Maharashtra, Urban
Development, Public Health and Housing Department.
|
|
Ex-officio Chairman
|
|
2.
|
Shri A. R. Bhat
|
|
Vice-Chairman
|
|
(3 to 12) [Not Printed]
|
|
13.
|
Assistant Director of Town Planning, Regional Plan, Pune (Town
Planning Officer)
|
|
Member Secretary
|
### 2. The Regional Board shall have its office at Town Planning and Valuation Department, Regional Plan, Pune Branch Central Offices, Pune-1 (the office to the Assistant Director of Town Planning Regional Plan, Pune). Amended by G. N., U. D. P. H. & H. D. No. PRO. 1171/71793-RPC, dated 21st October, 1971 (M. G. Part I-B, D. S., Page 3298)
G. N., U. D., P. H. & H. D., No. RPO. 1170/53298-II-W, dated 15th February, 1971 (M. G. Part I-B, D. S. page 831) - In exercise of the powers conferred by section 4 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), the Government of Maharashtra hereby constitutes a Regional Planning Board to be known as the Nasik Regional Planning Board (hereinafter referred to as "the said Board") consisting of the following persons for the purposes of Planning the development and use of land in the Nasik Region, the limits of which have been defined in Government Notification, Urban Development Public Health and Housing Department, No. RPO. 11700/53298-W dated the 8th February, 1971, namely:-
| | | | |
| --- | --- | --- | --- |
|
1.
|
Divisional Commissioner, Bombay
|
|
Ex-officio Chairman.
|
|
2.
|
Shri VS. C. Sane, Retired Superintending Engineer (Public
Health) Aurangabad.
|
|
Vice-Chairman
|
|
(3 to 21) [Not Printed]
|
|
|
### 2. The said Board shall have its office of the Deputy Director of Town Planning, Regional Plan, Nasik Region, situated at (Shree Digamber Jain Mandir Trust Building, Near Bhadrakali S. T. Stand Nasik.) G. N., U. D., P. H. & H. D., No. RPA. 1972/62250-II-RPC, dated 3rd July, 1973 (M. G. Part I-C. S. page 690) - In exercise of the powers conferred by section 4 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), the Government of Maharashtra hereby constitutes a Regional Planning Board to be known as "the Aurangabad-Jalna Regional Planning Board" (hereinafter referred to as "the said Board") consisting of the following persons for the purposes of Planning the development and use of land in the Aurangabad-Jalna Region, the limits of which have been defined in the Government Notification, Urban Development, Public Health and Housing Department, No. RPA. 1072/62250-I-RPC, dated the 3rd July, 1973, namely:-
| | | | |
| --- | --- | --- | --- |
|
1.
|
Divisional Commissioner, Aurangabad
|
|
Ex-officio Chairman.
|
|
2.
|
Managing Director (2) , City and Industrial Development
Corporation of Maharashtra Limited, "Nirmal" Building,
Nariman Point, Bombay - 21
|
|
Vice-Chairman
|
|
(3 to 21) [Not Printed]
|
|
|
### 2. The said Board shall have its office of the Deputy Director of Town Planning, Regional Plan, Aurangabad). G. N., U. D., P. H. & H. D., No. RPS, 1073-II-RPC. dated 11th July, 1973 (M. G. Part I-C. S. page 720) - In exercise of the powers conferred by section 4 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), the Government of Maharashtra hereby constitutes a Regional Planning Board to be known as "the Sangli-Miraj Regional Planning Board" (hereinafter referred to as "the said Board") consisting of the following persons for the purposes of Planning the development and use of land in the Sangli-Miraj Region, the limits of which have been defined in the Government Notification, Urban Development, Public Health and Housing Department, No. RPS. 1073/5722-1, RPC, dated the 11th July, 1973, namely:-
| | | | |
| --- | --- | --- | --- |
|
1.
|
Commissioner, Pune Division, Pune
|
|
Ex-officio Chairman.
|
|
2.
|
Shri P. B. Patil, Principal Shantiniketan Mahavidayalaya, Sangli
|
|
Vice-Chairman
|
|
(3 to 20) [Not Printed]
|
|
|
### 2. The said Board shall have its office of the Assistant Director of Town Planning, Regional Plan, Sangli-Miraj Region, Sangli. G. N., U. D., P. H. & H. D., No. T. P. S. 3667/72721-M, dated 18th June, 1968. - In exercise of the powers conferred by sub-section (1) of section 151 of the Maharashtra Regional and Town Planning Act, 1996 (Maharashtra 37 of 1966), the Government of Maharashtra hereby delegates to the Director of Town Planning, Maharashtra State, Pune, the powers exercisable by the State Government under section 24 of sub-section (2) of section 32, sub-sections (2) and (3) of section 61, sub-section (2) of section 63 of the said Act.
G. N., U. D., P. H & H. D., No. T. P. B. 4370/34211, dated 6th May, 1971. - In exercise of the powers conferred by sub-section (1) of section 151 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra 37 of 1966), the Government of Maharashtra hereby delegates to the Commissioner of Divisions in the areas within their respective jurisdictions (except the City of Bombay), the powers exercisable by the State Government under sub-section (1) of section 126 of the said Act.
G. N., U. D., P. H. & H. D., T. P. S. 3676/3057-UD-7, dated 27th December, 1977. - In exercise of the powers conferred by sub-section (1) of section 151 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra 37 of 1966), and in supersession of Government Notification No. T.P.S. 3673/6885/W-11, dated the 7th September, 1973, the Government of Maharashtra hereby delegates to the Commissioners of Divisions, and subject to directions, if any, of the Commissioners of Divisions, to the Additional Commissioners of Divisions, in areas within their respective jurisdictions (except the City of Bombay), the powers exercisable by the State Government under section 113-A of the said Act, to acquire lands.
G. N., U. D., P.H. & H. D., No. T. P. S. 2175/5106-W-1, rated 3rd March, 1979. - In exercise of the powers conferred by sub-section (1) of section 151 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra 37 of 1966), (hereinafter referred to as "the said Act"), and in supersession of Government Notification, Urban Development, Public Health and Housing Department No. TPB 4371/28123-W-1, dated the 30th August, 1971, the Government of Maharashtra hereby delegates-
(i) to the District Collectors in the areas within their respective jurisdictions (except the City of Bombay), the powers exercisable by the State Government under sub-sections (1), (2) and (4) of section 126 of the said Act, for acquisition of land required for public purposes specified in a Regional Plan, Development Plan or any other plan sanctioned by the State Government under the provisions of the said Act; and
(ii) to the Commissioners of Divisions in the areas within their respective jurisdiction (except the City of Bombay), the powers exercisable by the State Government under-
(a) sub-sections (1), (2) and (4) of section 126 of the said Act, for acquisition of land required for public purposes specified in a draft Regional Plan, draft Development plan, or any other draft plan or scheme; and
(b) section 129 of the said Act.
|
65b95044ab84c7eca86e8da7 | acts |
State of Himachal Pradesh - Act
---------------------------------
Himachal Pradesh (Extension of Laws) Act, 1969
------------------------------------------------
HIMACHAL PRADESH
India
Himachal Pradesh (Extension of Laws) Act, 1969
================================================
Act 5 of 1970
---------------
* Published on 19 September 1969
* Commenced on 19 September 1969
Himachal Pradesh (Extension of Laws) Act, 1969
(Act
No. 5 of 1970
)
Last Updated 6th March, 2020
For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extraordinary) , dated 19th September, 1969, p. 855. For its Authoritative Hindi Text see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 25th March, 1994, pp. 429- 434.
An Act to provide for the extension of certain laws as applicable to, or in force, in the areas as comprised in Himachal Pradesh immediately before the 1st November, 1966, to the areas as added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966.
Be it enacted by the legislative Assembly of Himachal Pradesh in the Twentieth Year of the Republic of India as follows: -
### 1. Short title and commencement.
(1) This Act may be called the Himachal Pradesh (Extension of Laws) Act, 1969.
(2) It shall come into force at once.
### 2. Definitions.
- In this Act, unless there is any thing repugnant in the subject or context, -
(a) "official gazette" means Rajpatra, Himachal Pradesh;
(b) "old areas" means the areas as comprised in Himachal Pradesh immediately before the 1st November, 1966;
(c) "schedule" means a Schedule appended to this Act;
(d) [XXXXXXXXXXXXXXXXXXXX]
[The definition of 'State Government' omitted by A. O. 1973.]
and
(e) "transferred territories" means the territories which were added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966).
### 3. Extension of certain laws to transferred territories.
- All the enactments, as amended from time to time, specified in Schedule-I, which are applicable to, or in force in the old areas and all rules, regulations, notifications, orders and bye-laws made, and all directions or instructions issued, thereunder, which are in force immediately before the commencement of this Act, are hereby extended to, and shall be in force, in the transferred territories.
### 4. Construction of certain references.
- In the enactments, or rules, regulations, notifications, orders and bye-laws made, and directions or instructions issued, thereunder, as referred to in section 3, any reference,-
(i) to the law which is not in force in the transferred territories shall in relation to such territories, be construed as a reference to the corresponding law, if any, in force in such territories; and
(ii) to the [State of Himachal Pradesh]
[Substituted for 'Union Territory of Himachal Pradesh' by A. O., 1973.]
, by whatever form of words, shall be construed as including a reference to the transferred territories.
### 5. Repeal and savings.
- If, immediately before the commencement of this Act, there is in force in the transferred territories any law corresponding to any of the enactments or rules, regulations, notifications, orders and bye laws made, and directions of instructions issued, thereunder, extended to those territories, by section 3, that law including the enactments specified in Schedule-II, shall, on the commencement of this Act, save as otherwise expressly provided in this Act, stand repealed:
Provided that such repeal shall not affect,-
(a) the previous operation of any law so repealed or anything duly done or suffered thereunder, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:
Provided further that anything done or any action taken under any law so repealed shall be deemed to have been done or taken under the corresponding provision of the enactment extended by section 3 to the transferred territories, and shall continue to be in force accordingly, unless and until superseded by any thing done or any action taken under the enactment so extended.
### 6. Powers of courts and other authorities for purposes of facilitating the application of the enactments specified in Schedule-I or rules, etc.
- For the purposes of facilitating the application in the transferred territories of any enactment specified in Schedule-I or of any rule, regulation, notification, order, bye-law, direction or instruction referred to in section 3, any court or other authority may construe the same with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.
### 7. Power to make rules, etc. not to be affected.
- Nothing contained in this Act shall affect the power of the State Government or of any officer or authority, exercisable under the enactments specified in Schedule-I, to add, to amend, vary or rescind the rules, regulations, notifications, order and bye-laws made, and directions or instructions issued, as extended by section 3 to the transferred territories.
### 8. Power to remove difficulties.
- If any difficulty arises in giving effect, in the transferred territories, to the provisions of any enactment specified in Schedule-I, the State Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to it to be necessary or expedient for the removal of the difficulty.
I
---
(See section 3)
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Year
|
Number of the Act
|
Name of the Act
|
|
1.
|
1955
|
6
|
The Himachal Pradesh Private Forests Act, 1954.
|
|
2.
|
1966
|
8
|
The Himachal Pradesh Khadi and Village
Industries Board Act, 1966.
|
II
----
(See section 5)
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Year
|
Number of the Act
|
Name of the Act
|
|
1.
|
1956
|
40
|
The Punjab Khadi and Village Industries Board
Act, 1956.
|
|
65ba03f6ab84c7eca86ea769 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh (50 Percent Reservation to women in Works Contracts and Service Contracts given on nomination) Act, 2019
-------------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh (50 Percent Reservation to women in Works Contracts and Service Contracts given on nomination) Act, 2019
=========================================================================================================================
Act 26 of 2019
----------------
* Published on 17 August 2019
* Commenced on 17 August 2019
Andhra Pradesh (50 Percent Reservation to women in Works Contracts and Service Contracts given on nomination) Act, 2019
(Act
No.26 of 2019
)
Last Updated 9th March, 2020 [ap717]
The following Act of the Andhra Pradesh Legislature received the assent of the Governor on the Nth August, 2019 and the said assent is hereby first published on the 17th August, 2019 in the Andhra Pradesh Gazette for general information :
An Act to provide reservation for women in nominated works contracts and service contracts for economic upliftment for women for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventieth Year of the Republic of India, as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the Andhra Pradesh (50 Percent Reservation to women in Works Contracts and Service Contracts given on nomination) Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Administrative Departments" mean all the Departments working under the administrative control of the Government of Andhra Pradesh;
(b) "Engineering Departments" mean all the Engineering wings attached to the Administrative Departments hinctioning under the control of Government of Andhra Pradesh;
(c) "Nominated Works" mean any civil work or service, which is given on nomination, by any Department functioning under the administrative control of the Government of Andhra Pradesh.
### 3. Reservation.
- There shall be 50 Percent Reservation to women in all Works Contracts and Service Contracts, given on nomination basis (Nomination Works) by all the Engineering Departments and the Administrative Departments, working under Government of Andhra Pradesh :
Provided that for the removal of doubts, it is further clarified that the present reservation is as a measure of horizontal reservation across all communities and this Act is to be read in conjunction with Reservation in nominated Works Contracts and Service Contracts for economic Up-liftment for BCs, SCs, STs and Minorities.
### 4. Nodal Agency.
(1) The ENC (PR) shall be the Nodal Agency, at the State level, for the purpose of implementation of reservation to women in all Works Contracts given on nomination basis (Nomination Works). Any works to be given on nomination basis shall be informed to the ENC (PR). The ENC (PR) shall submit monthly reports to the Women, Children, Disabled and Senior Citizens Department, in this regard. At District level, the District Collectors are responsible for the implementation of reservation to women, in all works contracts.
(2) The General Administration Department shall be the Nodal Agency for the implementation of reservation to women, in all Service Contracts given on nomination basis, at State level. Any Department proposing a Service Contract to be given on nomination basis, shall inform the General Administration Department and the General Administration Department will monitor the implementation of reservation policy in those Service Contracts and will send monthly reports to the Women, Children, Disabled and Senior Citizens Department. At District level, the District Collectors are responsible for the implementation of reservation to women, in all Service Contracts.
### 5. Protection of actions taken in good faith.
- No suit or other legal proceedings shall lie in any Court against the Institution, or against any authority, officer or employee of the Institution or against any person or body or persons acting under the order or direction of any authority or officer or employee of the Institution for anything which is in good faith done, or intended to be done in pursuance of the Act.
### 6. Power to remove difficulties.
(1) If any difficulty arises, in giving effect to the provisions of the Act, the Government may, by order, make such provisions, not inconsistent with the provisions of the Act, as appear to them 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 the Act.
(2) Every order made under this section shall as soon as may be after it is made; be laid before each house of the State Legislature.
### 7. Act to override the other laws.
- Unless otherwise expressly provided in this Act, the provisions of this Act and of any orders and rules made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of such law.
### 8. Power to make rules.
(1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the 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.
|
65b931d5ab84c7eca86e88fe | acts |
State of Odisha - Act
-----------------------
The Puri Shri Jagannath Temple (Administration) Rules, 1952
-------------------------------------------------------------
ODISHA
India
The Puri Shri Jagannath Temple (Administration) Rules, 1952
=============================================================
Rule THE-PURI-SHRI-JAGANNATH-TEMPLE-ADMINISTRATION-RULES-1952 of 1952
-----------------------------------------------------------------------
* Published on 30 December 1952
* Commenced on 30 December 1952
The Puri Shri Jagannath Temple (Administration) Rules, 1952
Published vide Notification No. 10439-End, Orissa Gazette Extraordinary No. 300/30.12.1952
Notification No. 10439-End, dated 30th December, 1952. - In exercise of the powers conferred by Section 7 of the Puri Shri Jagannath Temple (Administration) Act, 1952 (Orissa Act XIV of 1952) the Governor of Orissa is pleased to make the following rules, the same having been previously published as required under Sub-section (1) of the said Section of the said Act, namely :
Chapter I
-----------
### 1. Short title and commencement.
(1) These rules may be called the Puri Shri Jagannath Temple (Administration) Rules, 1952.
(2) They shall come into force at once.
### 2. Definitions.
(1) In these rules unless there is anything repugnant in the subject or context -
(i) "Act" means the Puri Shri Jagannath Temple (Administration) Act, 1952;
(ii) "Special Officer" means the officer appointed under Section 3 of the Act.
All other words and expressions used in these rules shall have the same meaning as are assigned to them in the Act.
(2) No person other than a member of the Orissa Judicial Service, Class I, shall be appointed as the Special Officer under the Act and the officer so appointed shall receive such special pay in addition to his pay in the service as notified by the State Government.
(3) The officer or officers to be appointed under Sub-section (1) of Section 3 of the Act to assist the Special Officer shall be a member of the Subordinate Judicial Service, Class I, or Class II, as the case may be, of the State Government and he shall receive such special pay in addition to his pay in the service as may be notified by the State Government.
Chapter II
------------
### 3. The manner of preparation of the record.
- The record to be prepared under Section 3 of the Act shall consist of the following parts, namely :
Part I – Record of all the Temples, i.e.-
-------------------------------------------
(i) (a)
Temple of Lord Jagannath;
(b) temples and places within the premises of the Temple of Lord Jagannath; and
(c) appurtenant temples, subordinate shrines and other connected places as in Form A of the Appendix to these rules.
Part II – (ii) A record of all 'nitis' or compulsory routine ceremonies and rituals, daily periodical festives for the temples recorded under Part I and as in Form B of the Appendix.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Part III – (iii) A record of rights and duties of different Sevaks, Pujaris such other persons employed for or connected with the Seva Puja and management of the Temple and its endowments as in Forms C and D of the Appendix.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Part IV – (iv) A record of various sources of income of the Temple and of its endowments as in Forms E, E-1, and E-2 of the Appendix.
---------------------------------------------------------------------------------------------------------------------------------------
Part V – [Omitted]
--------------------
Chapter III
-------------
### 4. Preparation of plan, etc., under Part I.
- The Special Officer shall prepare a plan showing the Temple of Lord Jagannath and other temples and places within its premises and a list thereof in such manner as he deems fit and then record the names of temples and other places in Form A of the Appendix and both the plan and list so prepared shall constitute the record under Part I.
### 5. Preparation of record under Part II.
- For preparing the record under Part II, the Special Officer shall, with respect to watch temple recorded under Part I, record all the 'nitis', making mention, among other things, the daily, periodical of festive nature of the 'nitis', appointed time, the details of procedure, the materials specifying quality and quantity required for use, raw cooked or otherwise, the sources of their supplies as well as various classes of Sevaks, Pujaris or other persons employed or connected therewith and their duties and remuneration, if any, for performing such duties, and such record shall be in Form B.
### 6. Preparation of record under Part III.
- In preparing the record under Part III, the Special Officer shall, with respect to each class of the Sevaks, Pujaris and such other persons employed for or connected with the Seva Puja and management of the Temple and its endowments, record their rights and duties thereto in Form D for this purpose he shall prepare a list in Form C and then record the rights and duties, specifying among other things the following particulars :
(a) whether hereditary,
(b) how appointed,
(c) qualifications required to do the Seva Puja,
(d) various duties,
(e) if by pali or turn and the nature thereof,
(f) remuneration, if any, got in cash or kind and if land is held for doing Seva or service, the conditions or incidents of such grants;
(g) other incidents attached to the Seva Puja;
(h) punishment, if any, provided for the neglect of duty;
(i) by whom controlled; and
(j) any other special features.
### 7. Preparation of record under Part IV.
- In preparing the record under Part IV, the Special Officer shall record in Forms E, E-1 and E-2, as the case may be, all the sources of income of the Temple and its endowments, prepare a list of all movables like gold, silver, precious stones, elephants, horses and other belongings of the Temple and shall prepare a record of all the immovable properties including lands and houses owned by or endowed to the Temple and held by any person inside or outside the State of Orissa.
### 8. Method of conducting the enquiry.
(1) For the purpose of preparing the records hereinbefore specified, the Special Officer may hold such enquiry and local inspection and examine such witnesses and documents as he deems necessary and the evidence so recorded shall be in the form of a Memorandum.
(2) A register in Form 'G' of all documents received in connection with such enquiry and memorandum containing the proceedings thereof shall be maintained by the Special Officer who shall, after the enquiry is over, make over the same to the State Government.
### 9. Requisition for information.
- For the purpose of enquiry under the foregoing rule, the Special Officer shall be entitled to issue requisitions to Registration Officers, District Officers, Officers of the Board of Revenue, the Orissa Museum, Zamindars, Rulers of the merged territories or to any other officer or office as he deems fit, for any information on the subject and the officers and offices concerned to whom such requisitions are issued shall be bound to comply with such requisitions of the Special Officer.
### 10. Maintenance of the register of documents.
- The Special Officer shall maintain a register of all documents received in connection with the enquiry under Rule 8 in Form G and may cause a photostatic copy to be prepared of any such document as he may think proper.
### 11. Form of notice.
- The notice provided in Section 4 of the Act shall be in Form F. Such notice may be served on the person mentioned therein either by registered post or as if it were summons issued by a Court under the Code of Civil Procedure, 1908 (V of 1908).
Chapter IV
------------
### 12. The record or any part thereof prepared under Chapter II shall be published in the Gazette.
### 12A. Any objection to any of the entries in the record published under Rule 12 shall be made within one month from the date of publication of such record.
### 13. The District Judge hereinbefore specified may, after receiving any objection under the preceding rule, call for the record maintained under Sub-rule (2) of Rule 8 relevant to the particular entry or omission complained against and after perusing the same and hearing the parties or pleaders in their behalf and making such other enquiries as he deems fit, dispose of the objection and communicate his decision to the State Government who shall cause the same to be published in the Gazette.
### 14. Allowances to witnesses attending the enquiry.
- The witnesses required to attend the enquiry before the Special Officer under Rule 8 shall be entitled to the same rates of allowances as are payable to the witnesses appearing before the Civil Courts.
### 15. Compilation of report.
- At the end of the operations the matter of the preparation of the record, the Special Officer shall compile a report and the same shall be published under the authority of the State Government.
Form A
Record of Rights - Shri Jagannath Temple, Puri
Record of Temples
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Plot No. in the plan
|
Name of Temple
|
Where situate
|
|
1
|
2
|
3
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4
|
|
|
|
|
|
Form B
Record of Nitis
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Name of Temple or app. Temple
|
DailyNiti
|
PeriodicalNiti
|
FestivalNiti
|
Time
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Materials necessary
|
Sources of supply
|
Class of sebaks and other participating, and
their duties
|
Procedure
|
Special features, if any
|
Remarks
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
Form C
List of Sebaks, Pujaris and other persons employed for or connected with the Seba Puja
| | | |
| --- | --- | --- |
|
Serial No.
|
Name of temple
|
List of various classes of Sebaks and other
employed for and connected with the Seba-puja of the Temple and
its endowments
|
|
1
|
2
|
3
|
|
|
|
|
Form D
Record of rights and duties of various classes of Sebaks and others employed for or connected with Seba-puja of the Temple and its endowments
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of Temple
|
Class of Sebaks
|
Present incumbents
|
Incidents of service\*
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
\*. Here record all particulars required in Rule 6
Form E
Record of the sources of income
| | | | |
| --- | --- | --- | --- |
|
No.
|
Name of Temple
|
Sources and nature of income
|
Remarks
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Form E-1
Record of immovable properties and endowments
| | | | |
| --- | --- | --- | --- |
|
Name of person or institution holding properties
|
Nature and extent of property held
|
Purpose of the grant and incidents thereof
|
Remarks
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Form E-2
Record of movable and other belonging
| | | | |
| --- | --- | --- | --- |
|
Description of property
|
Custody
|
Incidents attached
|
Remarks
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Form F
Notice under Section 4 of the Shri Jagannath Temple (Administration) Act, 1952 before the Special Officer
Present Shri......................
To
Name.......................
Address....................
Whereas in connection with the enquiry relating to preparation of the record of rights under the Orissa Act XIV of 1952, you are likely to give material evidence/you have relevant documents as specified below in your custody;
This is to require you to appear before me at my office to produce or cause production of the document specified below.............. at 11 a.m. on the 20 without fail. If you fail to comply with the requirements of the notice, action shall be taken against you under Section 7 of the Act.
Special Officer
...................................
Here specify the documents.
Form G
Register of documents filed before the Special Officer
| | | | | |
| --- | --- | --- | --- | --- |
|
Date
|
Description of document
|
Name of person or persons filing
|
Date of return
|
Signature of person taking Return
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
|
|
|
Form H
Register of Court-fees for application of copies
| | | | |
| --- | --- | --- | --- |
|
Number of application
|
Date of application
|
Name of applicant
|
Account of Court-fees paid
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
Note - 1. Daily and monthly totals shall be made.
Note - 2. Urgent applications shall be entered in red ink.
|
65ba2690ab84c7eca86eab7a | acts |
State of Maharashtra - Act
----------------------------
Code of Civil Procedure (Maharashtra Amendment) Act, 2018
-----------------------------------------------------------
MAHARASHTRA
India
Code of Civil Procedure (Maharashtra Amendment) Act, 2018
===========================================================
Act 72 of 2018
----------------
* Published on 15 December 2018
* Commenced on 15 December 2018
Code of Civil Procedure (Maharashtra Amendment) Act, 2018
(Maharashtra Act
No. 72 of 2018
)
[Dated 15.12.2018]
An Act to amend the Code of Civil Procedure (Maharashtra Amendment) Act, 2018.
Whereas it is expedient to amend Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. LXI of 2018), for the purposes hereinafter appearing; it is hereby enacted in the Sixty-ninth Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Code of Civil Procedure (Maharashtra Amendment) Act, 2018.
### 2. Amendment of section 3 of Maharashtra LXI of 2018.
- In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. LXI of 2018), for clause (1) , the following clause shall be substituted and shall be deemed to have been substituted with effect from the 27th June 2018, being the date of commencement of the said Act, namely :-
"(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. LXI of 2018), (hereinafter, in this section, referred to as "the Amendment Act"), the said issue shall be decided and disposed of by the Court under section 9A, as if the said section 9A has not been deleted;"
### 3. Saving.
- Nothing in this Act shall affect the decrees passed by a Civil Court during the period commencing from the 27th June 2018 being the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (Mah. LXI of 2018), and ending on the date of publication of this Act in the Maharashtra Government Gazette.
|
65b93907ab84c7eca86e8a56 | acts |
State of Odisha - Act
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The Orissa General Clauses Act, 1937
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ODISHA
India
The Orissa General Clauses Act, 1937
======================================
Act 1 of 1937
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* Published on 1 January 1937
* Commenced on 1 January 1937
The Orissa General Clauses Act, 1937
Orissa Act
No. 1 of 1937
An Act for facilitating the interpretation of Orissa Acts and for shortening the language used therein.
Whereas it is expedient to facilitate the interpretation of Orissa Acts and to shorten the language used therein.
It is hereby enacted as follow :
Preliminary
### 1. Short title and commencement.
(1) [This Act may be called the Orissa General Clauses Act, 1937.]
[For Statement of Objects and Reasons-see Orissa Gazette 1973, part XI., and for Proceedings in the Assembly-see Proceedings of the Orissa Legislative Assembly, 1937, Volume 1.]
(2) It shall [come into force at once.]
[The Act extended to all the partially excluded areas with effect from the date the Act came into force vide Notification No. 2709-L., dated the 19th April, 1938-published in the Orissa Gazette, 1938-Part III.]
### 2. Definition.
- In this Act and in all Orissa Acts unless there is anything repugnant in the subject or context-
(1) 'Abet'. "abet", with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (XLV of 1860);
(2) 'Act'. "act", used with reference to an offence or a civil wrong, shall include a series of acts ; and words which refer to acts done and shall extend also to illegal omissions;
(3) 'Affidavit'. "affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(4) 'Barrister'. "barrister" shall mean a barrister of England or Ireland or a member of the Faculty of Advocates in Scotland;
(5) 'British possession'. "British possession" shall mean any part of His Majesty's dominions, exclusive of the United Kingdom, and, where parts of those dominions are under both a Central and a local legislature, all parts under the Central legislature shall, for the purposes of this definition, be deemed to be one British possession;
(6) 'Chapter'. "Chapter" shall mean a Chapter of the Act in which the word occurs;
(7) 'Collector'. "Collector" shall mean the chief officer in charge of the revenue administration of a district and shall include a Deputy Commissioner;
(8) 'Commencement'. "commencement", used with reference to an Act, shall mean the day on which the Act comes into force;
(9) 'Consular Officer'. "Consular Officer" shall include consul-general, consul, vice-consular agent, pro-consul, and any person for the time being authorised to perform the duties of consul-general, vice-consul or consular agent ;
(10) 'District Court'. "District Court" shall mean the principal Civil Court of original jurisdiction of a district ; but shall not include a High Court in the exercise of its ordinary or extraordinary original civil jurisdiction;
(11) 'District Judge'. "District Judge" shall mean the Judge of a District Court ;
(12) 'Document'. "document" shall include any matter written, expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, which is intended to be used, or which may be used for the purpose of recording that matter ;
(13) 'Enactment'. "enactment" shall include a Regulation (as hereinafter defined) and any Regulation of the Bengal Code, and shall also include any provision contained in any Act or in any such Regulation as aforesaid;
(14) 'Father'. "father" in the case of anyone whose personal law permits adoption, shall include an adoptive father;
(15) 'Financial year'. "financial year" shall mean the year commencing on the first day of April;
(16) 'Gazette'. "Gazette" shall mean the Official Gazette of the State;
(17) 'Good faith'. a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not;
(18) 'Government'. "Government" or "the Government" shall include the State Government as well as the Central Government;
(19) 'High Court'. "High Court" used with reference to civil proceedings, shall mean the highest Civil Court of appeal in the part of Orissa in which the Act containing the expression operates;
(20) [\* \* \*]
(21) 'Immovable property'. "immovable property" shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(22) 'Imprisonment'. "imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code (XLV of 1860);
(23) 'Local authority'. "Local authority" shall mean a Municipal Committee, District Board, or any other authority entrusted by any Government with, or legally entitled to, the control of management of a municipal or local fund;
(24) 'Magistrate'. 'Magistrates shall include every person exercising all or arty of the powers of a Magistrate under the Code of Criminal Procedure (V of 1893) for the time being in force,;
(25) 'Master' (of a ship). "master", used with reference to a ship, shall mean any person (except a pilot or harbour master) having for the time being control or charge of the ship;
(26) 'Month'. "month", shall mean a month reckoned according to the British Calendar;
(27) 'Movable property'. "movable property" shall mean property of every description except immovable property ;
(28) 'Notification'. "notification" shall mean a notification in the Gazette;
(29) 'Oath'. "oath" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing;
(30) 'Offence'. "offence" shelf mean any act or omission made punishable by any law for the time being in force ;
(31) 'Orissa Act'. "Orissa Act" shah mean an Act made by the Provincial Legislature or the Governor of Orissa under the Government of India Act, 1935 or by the Legislature of the State of Orissa under the Constitution;
(32) 'Part'. "Part" shall mean a part of the Act or Regulation in which the word occurs;
(33) 'Person'. "person" shall include any company or association or body of individuals, whether incorporated or not;
(34) 'Political Agent'. "Political Agent" shall mean-
(a) in relation to any territory outside India, the Principal Officer, by whatever name called, representing the Central Government in such territory ; and
(b) in relation to any territory within India to which the Act or Regulation containing the expression does not extend, any officer appointed by the Central Government to exercise all or any of the powers of Political Agent under that Act or Regulation ;
(35) 'Public nuisance'. "public nuisance" shall mean a public nuisance as defined in the Indian Penal Code XLV of 1860);
(36) 'Registered'. "registered", used with reference to a document, shall mean registered in a Part A State or a Part C State under the law for the time being in force for the registration of documents;
(37) 'Regulation'. "Regulation" shall mean a Regulation made by the Governor under paragraph 5 of the Fifth Schedule to the Constitution and shall include a Regulation made under the Government of India Act, 1935, or a Regulation made by the President under Article 243 of the Constitution;
(38) 'Revenue Commissioner'. "Revenue Commissioner" shall mean the Revenue Commissioner for Orissa;
(39) 'Rule'. "rule" shall mean a rule made in exercise of a power conferred by any enactment, and shall include a regulation made as a rule under any enactment;
(40) 'Schedule'. "schedule" shall mean a schedule to the Act or Regulation in which the word occurs;
(41) 'Section'. "section" shall mean a section of the Act or Regulation in which the word occurs;
(42) 'Ship'. "ship" shall include every description of vessel used in navigation not exclusively propelled by oars;
(43) 'Sign'. "sign" with its grammatical variations and cognate expressions, shall, with reference to a person who is unable to write his name, include "mark" with its grammatical variations and cognate expressions;
(44) 'Son', "son", in the case of anyone whose personal law permits adoption, shall include an adopted son;
[(44-a) "Sub-Collector" shall mean the Chief Officer-in-charge of the Revenue Administration of a Sub-division;
[Substituted vide Orissa Gazette Extraordinary No. 1563/2.11.1988-Notification No. 15006. Legislative/1.11.1988-O.A. No. 16 of 1988.]
(44-b) "Sub-divisional Officer" shall mean the Sub-Collector;]
(45) 'Sub-section'. "sub-section" shall mean a sub-section of the section in which the word occurs;
(46) 'Swear'. "swear", with its grammatical variations and cognate expressions, shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
(46-a) "Tahsildar". shall mean the Chief Officer-in-charge of the revenue administration of a tahasil;
(47) 'Value'. "value" used with reference to a suit, shall mean the amount or value of the subject-matter of the suit, computed according to the law for the time being in force regulating the valuation of suits for purposes of jurisdiction;
(48) 'Vessel'. "vessel" shall include any ship or boat or any other description of vessel used in navigation;
(49) 'Will'. "will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(50) 'Writing'. expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words in a visible form ; and
(51) 'Year'. "year" shall mean a year reckoned according to the British calendar.
General rules of construction
### 3. Coming into operation of Act.
(1) Where any Orissa Act is not expressed to come into operation on a particular day, then -
(i) in the case of an Orissa Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor General or His Majesty, as the case may require, is first published in the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette;
(ii) in the case of an Orissa Act made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or the President, as the case may require, is first published in the Official Gazette.
(2) Unless the contrary is expressed, an Orissa Act shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.
### 4. Printing of date on which Act is published.
- In every Orissa Act the date of such publication as is mentioned in Sub-section (1) of Section 3 shall be printed either above or below the title of the Act and shall form part of the Act.
### 5. Effect of repeal.
- Where any Orissa Act repeals any enactment hitherto made, or hereafter to be made, then, unless a different intention appears, the repeal shall not-
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act had not been passed.
### 6. Revival of repealed enactment.
- In any Orissa Act it shall be necessary, for the purpose of reviving, either wholly or partially any enactment wholly or partially repealed expressly to state that purpose.
### 7. Repeal of Act making textual amendment in Act or Regulation.
- Where any Orissa Act repeals any enactment by which the text of any enactment was amended by the express omission, insertion or substitution of any matter, their, unless a different intention appears, the repeal shall not affect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.
### 8. Constructions of references to repealed enactments.
- Where any Orissa Act repeals and re-enacts, with or without modification, any provision of a former enactment, references in any other enactment or it any instrument to the provision so repealed shall, unless a different intention appears, be construed as references to the provision so re-enacted.
### 9. Commencement and termination of time.
- In any Orissa Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word "to".
### 10. Computation of time.
- Where, by any Orissa Act, any act or proceedings directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day on the last day of the prescribed period, the act or proceeding shall be considered as done or taken ill due time if it is done or taken on the next day afterwards on which the Court or office is open :
Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1908 (IX of 1908) applies.
### 11. Measurement of distances.
- In the measurement of any distance, for the purposes of any Orissa Act, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal place.
### 12. Duty to be taken pro rata in enactments.
- Where, by any enactment now in force or hereafter to be in force, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.
### 13. Gender and number.
- In all Orissa Acts, unless there is anything repugnant in the subject or context-
(1) words importing the masculine gender shall be taken to include females; and
(2) words in the singular shall include the plural and vice versa.
Powers and functionaries
### 14. When powers and duties to be exercised and performed.
- Where an Orissa Act confers a power or imposes a duty, then the power may be exercised and the duty shall be performed from time to time as occasion requires.
### 15. Exercise of power and performance of duty by temporary holder of office.
- Where an Orissa Act confers a power or imposes a duty on the holder of an office, as such, then the power may be exercised and the duty shall be performed by the holder for the time being of the office.
### 16. Power to appoint to include power to appoint ex officio.
- Where, by an Orissa Act, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or by virtue of office.
### 17. Power to appoint to include power to suspend or dismiss.
- Where, by any Orissa Act, a power to make any appointment is conferred, then unless a different intention appears, the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed by it in exercise of that power.
### 18. Substitution of functionaries.
- ln any Orissa Act it shall be sufficient, for the purpose of indicating the application of a law to every person or a number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions, or that of the officer by whom the functions are commonly executed.
### 19. Successors.
- ln any Orissa Act it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or of corporations having perpetual succession, to express its relation to the functionaries or corporations.
### 20. Official chiefs and subordinates.
- In any Orissa Act it shall be sufficient, for the purpose of expressing that a law relating to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
Provisions as to orders, rules, etc., made under enactments
### 21. Construction orders etc., issued under enactments.
- Where, by any Orissa Act, a power to make or issue any notification, order, scheme, rule, by-law or form is conferred, the expressions used in the notification, order, scheme, rule, by-law or form, shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Act conferring power.
### 22. Power to make to include power to add to, amend, vary or rescind, orders, rules or by-laws.
- Where, by an Orissa Act, a power to make or issue notifications, orders, schemes, rules, by-laws or forms, is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions, (if any) to and to, amend, vary or rescind any notifications, orders, schemes, rules, by-laws or forms so made or issued.
### 23. Making of rules or by-laws and issuing of orders between passing and commencement of enactment.
- Where, by any Orissa Act, which is not to come into operation on the passing thereof, a power is conferred to mike rules or by-laws or to issue orders with respect to the application of the Act or with respect to the establishment of any Court or office or the appointment of any Judge or officer thereunder, or with respect to the person by whom or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act, then power may be exercised at any time after the passing thereof, but rules, by-laws or orders so made or issued shall not take effect till the commencement of the Act.
### 24. Provisions applicable to making of rules or by-laws after previous publication.
- Where, by any Orissa Act, a power to make rules or by-laws is expressed to be given, subject to the condition of the rules or by-laws being made after previous publication, then the following provisions shall apply, namely :
(1) the authority having power to make the rules or by-laws shall, before making them, publish a draft of the proposed rules or bylaws for the information of persons likely to be affected thereby;
(2) the publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires in such manner as the Central Government or as the case may be, the State Government prescribes;
(3) there shall be published with the draft a notice specifying a date on or-after which the draft will be taken into consideration;
(4) the authority having power to make the rules or by-laws, and, where the rules or by-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules or by-laws from any person with respect to the draft before the date so specified ;
(5) the publication in the Gazette of a rule or by-law purporting to have been made in exercise of a power to make rules or by-laws after previous publication shall be conclusive proof that the rule or by-law has been duly made.
### 24A. [ Provision for laying of rules before the State Legislature.
[Inserted vide Orissa Act No. 12 of 1976.]
(1) All rules made by the State Government under an Orissa Act shall, as soon as may be after they are made, be laid before the State Legislature for a total period of fourteen days which may be comprised in one or more sessions and it during the said period the State Legislature makes modifications, if any, therein the rules shall thereafter have effect only in such modified form, so, however, that such modification shall be without Prejudice to the validity of anything previously done under the rules.
(2) Where any Central Act, in force in or applicable to the State of Orissa and relating to matters with respect to which the State Legislature has powder to make laws for the State, confers power on the State Government to make rules thereunder, then subject to any express provision to the contrary in such Act, the provisions of Sub-section (1) shall, so far as may be, apply to the rules made by the State Government in exercise of that power.]
### 25. Continuation of orders, etc. issued under enactments repealed and re-enacted.
- Where any enactment is repealed and re-enacted by an Orissa Act with or without modification, then, unless it is otherwise expressly provided any appointment, notification, order, scheme, rule, by-law or form, made or issued under the repealed enactment, shall, so far as it is not inconsistent with the provisions re-enacted, continue in force and be deemed to have been made or issued under the provision is so re-enacted, unless and until it is superseded by any appointment, notification, order, scheme, rule, by-law or form, made or issued under the provision so re-enacted.
### 26. Publication of orders and notifications in the Gazette.
- Where in any Orissa Act or in any rule made under any such Act, it is directed that any order, notification or other matter shall be notified or published, such notification or publication shall, unless the Act otherwise provides, be deemed to be duly made if it is published in the Gazette.
Miscellaneous
### 27. Recovery of fines.
- Sections 63 to 70 of the Indian Penal Code (XLV of 1860) and the provisions of the Code of Criminal Procedure (V of 898) for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to all fines imposed under any Orissa Act, or any rule or by-law made under any Orissa Act, unless the Act, rule or by-law contains an express provision to the contrary.
### 28. Provision as to offences punishable under two or more enactments.
- Where an act or emission constitutes an offence under two or more enactments, the offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.
### 29. Meaning of service by post.
- Where any Orissa Act authorizes or requires any document to be served by post whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected- by properly addressing, prepaying, and posting by registered Post a letter containing the documents and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
### 30. Citation of enactments.
(1) In any Orissa Act and in any rule, bylaw, instrument or document made under, or with reference to, any Orissa Act, any enactment may be cited by reference to the title or short title (if any) conferred thereon, or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or subsection of the enactment in which the provision is contained.
(2) In any Orissa Act a description or citation of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.
### 31. Saving of previous enactments rules and by-laws.
- Where any Act, rule or by-law made after the commencement of this Act continues or amends any Acts, rules or by-laws made before the commencement of this Act, the foregoing sections of this Act shall not, by reason merely of such continuance or amendment, affect the construction of such Acts, rules or by-laws.
### 32. Application of Act to Ordinances and regulations.
- The provisions of this Act shall apply-
(a) in relation to any Ordinance promulgated by the Governor of Orissa under Section 38 or Section 89 of the Government of India Act, 1935, as they apply in relation to Orissa Acts made under the said Act by the Governor and in relation to any Regulation made by the Governor under Section 92 of the said Act as they apply in relation to Orissa Acts made by the Provincial Legislature; and
(b) in relation to any Ordinance promulgated by the Governor under Article 213 of the Constitution, or any Regulation made by the Governor under paragraph 5 of the Fifth Schedule to the Constitution, as they apply in relation to Orissa Acts made by the State Legislature:
Provided that Clause (ii) of Sub-section (1) of Section 3 of this Act shall apply to any Ordinance referred to in Clause (b) as if for the reference in the said Clause (ii) to the day of the first publication of the assent to an Act in the Official Gazette there were substituted a reference to the day of the first publication of the Ordinance in that Gazette.
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65b92ee7ab84c7eca86e8877 | acts |
State of Odisha - Act
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The Orissa Essential Services (Maintenance) Act, 1988
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ODISHA
India
The Orissa Essential Services (Maintenance) Act, 1988
=======================================================
Act 9 of 1992
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* Published on 1 January 1992
* Commenced on 1 January 1992
The Orissa Essential Services (Maintenance) Act, 1988
Orissa Act
No. 9 of 1992
Published vide Orissa Gazette Extraordinary No. 107/4.1.1992-Notification No. 1706-Legislative/3.2.1992.
An Act to provide for the maintenance of certain essential service and the normal life of the community in Orissa
Be it enacted by the Legislature of the State of Orissa in the Thirty-ninth Year of the Republic of India, as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the Orissa Essential Services (Maintenance) Act, 1988.
(2) It shall extend to the whole of the State of Orissa.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act, unless the context otherwise requires-
(a) "essential service" means -
(i) any service connected with the supply or distribution of water and with the maintenance of water-works;
(ii) any service connected with the maintenance of public health and sanitation, including hospitals and dispensaries;
(iii) any service connected with the production, supply or distribution of electricity including any service under the Orissa State Electricity Board constituted under the Electricity (Supply) Act, 54 of 1948;
(iv) any service connected with transportation of persons/goods;
(b) "strike" means the cessation of work by a body of persons employed in any essential service acting in combination or a concerned refusal or a refusal under a common understanding of any number of persons who are or have been so employed, to work or to accept employment and includes-
(i) unauthorised absence from duty in pursuance of a common understanding among the persons who unauthorisedly absent themselves from duty or under the direction of any other person or persons;
(ii) refusal to work overtime where such work is necessary for the maintenance of any essential service;
(iii) any other conduct which is likely to result in, or results in, cessation or substantial retardation of work in any essential service.
### 3. Power to prohibit strike in certain employments.
(1) If the State Government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special order, prohibit strikes in any external service specified in the order.
(2) An order made under Sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order.
(3) An order made under Sub-section (1) shall be in force for six months only, but the State Government may, by a like order, extend it for any period not exceeding six months if it is satisfied that in the public interest, it is necessary or expedient so to do.
(4) Upon the issue of an order under Sub-section (1)-
(a) no person employed in any essential service to which the order relates shall go or remain on strike ; and
(b) any strike declared or commenced, whether before or after the issue of the order, by persons employed in any such service shall be illegal.
### 4. Power to prohibit lock-outs in certain establishments.
(1) If the State Government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special order, prohibit lockouts in any establishment pertaining to any essential service specified in the order.
(2) An order made under Sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order.
(3) An order made under Sub-section (1) shall be in force for six months only, but the State Government may, by a like order, extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary so to do.
(4) Upon the issue of an order under Sub-section (1)-
(a) no employer in relation to an establishment to which the order applies shall commence any lock-out;
(b) any lock-out declared or commenced whether before or after the issue of the order by any employer in relation to an establishment to which the order applies shall be illegal.
(5) Any employer in relation to an establishment who commences, continues or otherwise acts in furtherance of a lock-out which is illegal under this section, shall be punishable with imprisonment or a term which may extend to six month's, or with fine which may extend to one thousand rupees, or with both.
### 5. Power to prohibit lay-off in certain establishment.
(1) If the State Government is satisfied that in the public interest it is necessary or expedient so to do, it may, by general or special order, prohibit lay-off, on any ground other than shortage of power or natural calamity, of any workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of any establishment pertain to any essential service specified in the order.
(2) An order made under Sub-section (1) shall be published in such manner as the State Government considers best calculated to bring it to the notice of the persons affected by the order.
(3) An order made under Sub-section (1) shall be in force for six months only, but the State Government may, by like order extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do.
(4) Upon the issue of an order under Sub-section (1)-
(a) no employer in relation to an establishment to which the order applies shall lay-off of or continue the lay-off of any workman (other than a badli workman or a casual workman) whose name is borne on the muster rolls of such establishment unless such lay-off is due to shortage of power or to natural calamity and any laying-off or continuation of laying-off shall, unless such laying-off or continuation of laying-off is due to shortage of power or to natural calamity, be illegal;
(b) a workman whose laying-off is illegal under Clause (a) shall be entitled to all the benefits under any law for the time being in force as if he had not been laid-off.
(5) Any employer in relation to an establishment who lays-off or continue the laying-off of any workman shall, if such laying-off or continuation of laying-off is illegal under this section, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.
### 6. Penalty for illegal strikes.
- Any person who commences a strike which is illegal under this Act or goes or remains on, or otherwise takes part in any such strike shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
### 7. Penalty for instigation etc.
- Any person who instigates or incites other persons to take part in, or otherwise acts in furtherance of, or does any act preparatory to, a strike which is illegal under this Act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
### 8. Power to arrest without warrant.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), any police officer not below the rank of Sub-Inspector of Police may arrest without warrant any person who is reasonably suspected of having committed any such offence.
### 9. Act to override other laws.
- The provisions of this Act and of any order issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in the Industrial Disputes Act, 14 of 1947, or in any other law for the time being in force.
|
65b9591aab84c7eca86e8ea2 | acts |
State of Bihar - Act
----------------------
The Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951
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BIHAR
India
The Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951
===========================================================================
Act 31 of 1951
----------------
* Published on 19 January 1951
* Commenced on 19 January 1951
The Bihar State Council of Ayurvedic and Unani Medicines (Electoral Rolls and the Conduct of Elections and Election Petition) Rules, 1953
Published vide Framed under Section 55(2) (a) of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951 (Bihar Act 31 of 1951) vide Notification No. 1344/ L.S.G., dated 7th December, 1953.
### 1. (1) These rules may be called "the Bihar State Council of Ayurvedic and Unani Medicines (Electoral Rolls and the Conduct of Elections and Election Petition) Rules, 1953".
(2) They shall come into force at once.
### 2. Definitions.
- In these rules unless there is anything repugnant in the subject or context,-
(a) "the Act" means the Bihar Development of Ayurvedic and Unani System of Medicine Act, 1951;
(b) "appendix" means an appendix appended to these rules;
(c) "attesting officer" means a Magistrate or any other Gazetted Officer in the employment of the State Government or in the Central Government;
(d) "corrupt practice" means any of the practices specified in Parts I and II of Schedule to these rules;
(e) "form" means a form appended to these rules;
(f) "registration officer" or "returning officers, in relation to any matter relating to the preparation of electoral rolls or the conduct of elections", means the Registrar of the Council;
(g) "section" means a section of the Act;
(h) all words and expressions used in these rules and not defined therein and defined in the Act shall have the same meaning as respectively assigned to them by the Act.
### 3. When a vacancy in the council occurs the President shall, in the case of a nominated member, inform the State Government of the vacancy and in the case of an elected member, issue a notice to the electorate concerned apprising it of the said vacancy and requiring it to elect a member on or before a date specified in the notice and such notice shall be published in the Official Gazette :
Provided that when such vacancy is likely to occur by efflux of time, the President shall take action under this rule at least sixty days before the date when such vacancy is likely to occur:
Provided further that the notice of election of members of the Council under sub-section (2) of Section 4, on the expiry of the term of the Council shall be issued by the State Government and published in Official Gazette.
### 4. (i) The registering officer shall on publication of the notice under rule 3, prepare and publish in the Official Gazette, a draft electoral roll in Form I for each of the electorates specified in clauses (e) to (i) of sub-section (1) of Section 3 on a date to be specified by the President together with a notice stating that any objection relating to entries in or omissions from the said electoral roll may be preferred to the registration officer at his office at Patna on or before the date specified in the notice.
(ii) On the expiry of the period specified in the notice under sub-section (1) for receiving claims and objections, the registration officer shall consider the claims and objections so received and revise the electoral roll in accordance with any order which may be passed by him on such claims and objections. The electoral roll as so revised shall be deemed to be final and conclusive. A copy of the revised electoral roll shall be kept in the office of the Registration Officer and the District Magistrate for inspection and a notice that it has been finally published and kept in the office of Registration Officer and the District Magistrate and will be available for inspection shall be published in the Bihar Gazette.
(iii) For the purpose of election to the Council under clauses (i) and (k) of Section 3 the State shall be divided by the President into suitable constituencies for Hakims and Vaidyas in accordance with the numbers of Hakims and Vaidyaslo be elected under the above clauses.
### 5. (i) On receipt of a notice under rule 3, the Bihar Legislative Assembly shall elect three members from amongst its members by means of single transferable votes, and the Bihar Legislative Council and the Syndicate of the Patna University shall each elect one member of the Council under such conditions as may be laid down by the Chairman of the Bihar Legislative Council and the Vice-Chancellor of the Patna University as the case may be.
(ii) In the case of other electorates any person whose name is on the electoral rolls and who is not disqualified under Section 5 may be nominated as a candidate for election from his respective constituency. Such nominations shall be supplied by the Returning Officer free of cost.
### 6. (i) Each nomination paper shall be subscribed by two electors as proposer and seconder but no elector shall subscribe more nomination papers than there are vacancies in the seats allotted to his electorate, the signature of the proposer and seconder shall be attested by the attesting officer. The nomination paper shall be delivered to the Returning Officer or sent by him by registered post:
Provided that if more than the prescribed number of nomination papers be subscribed by the same elector, the prescribed number of nomination papers first received by the Returning Officer shall if otherwise in order, be held to be valid and if more than the prescribed number of nomination papers signed by the same elector be received simultaneously by the Returning Officer all such nomination papers shall be held to be invalid.
(ii) On receipt of each nomination paper, the Returning Officer shall forthwith endorse tho-eon the date and hour of receipt.
(iii) Any nomination paper which is not received by the Returning Officer before the date and time appointed therein shall be rejected.
### 7. (1) At the time of delivery of nomination paper, every candidate shall either deposit a sum of fifty rupees with the Council or enclose with the nomination paper a post office money order receipt for such sum in favour of the Council and no candidate shall be deemed to be duly nominated unless such a sum has been deposited with the Council or a postal order receipt has been enclosed with the nomination paper.
(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 sub-rule (3) of rule 8, or if the nomination of any such candidate is refused, the deposit shall be returned to the person by whom it was made and if any candidate dies before the commencement of the poll any such deposit if made by him, shall be returned to his representative. If such deposit has not been made by any other person on behalf of the candidate, the deposit shall be returned to the person by whom it was made.
(3) 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-eighth of the total number of votes polled in the constituency from which he seeks election, the deposit shall be forfeited to the Council.
(4) For the purpose of sub-rule (3), the number of votes polled shall be deemed to be number of voting papers, other than rejected voting papers, counted.
(5) The deposit made in respect of a candidate whether he is elected or not shall, if it is not forfeited under sub-rule (3), be returned to the candidate or to the person, who had made the deposit on his behalf, as the case may be, as soon as may be after the publication of the result of the election in the Official Gazette.
### 8. (1) On the date and at the time appointed by the President for the scrutiny of nomination papers, every candidate and his proposer and seconder may attend at the office of the Returning Officer, who shall allow them all reasonable facilities to examine the nomination papers filed by all the candidates.
(2) The Returning Officer shall examine each nomination paper and shall reject it only if it has not been made in accordance with these rules. If any dispute arises as to validity of any nomination papers the decision of the Returning Officer on the question shall be final.
### 9. (1) If in the case of an election under clauses (e) to (k) of sub-section (1) of Section 3, the number of duly nominated candidates who stand for election does not exceed the total number of members to be elected, the Returning Officer shall forthwith declare all such candidate or candidates to be elected.
(2) If the number of such candidates exceed the number of members to be so elected, the Returning Officer shall forthwith publish their names and addresses in the Official Gazette and shall further cause their names to be entered in voting papers in Form III in the case of electorates mentioned in clauses (e) to (k) of subsection (1) of Section 3.
(3) Any duly nominated candidate may withdraw his candidature in person by presenting to the Returning Officer a written and signed withdrawal not later than 15 clear days before the date appointed for the scrutiny and counting of votes and it shall not be permissible to him subsequently to cancel such withdrawal.
(4) On receiving notice of such withdrawal the Returning Officer shall publish the fact of such withdrawal in the Official Gazette.
(5) If a candidate who has been duly nominated and has not withdrawn his candidature in the manner and within the time specified in sub-rule (3) dies after the expiry of the time for submitting notice of withdrawal of a candidature and before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and all proceedings with reference to the election shall be commenced a new in all respects as if for a new election.
(6) On or about the date prescribed by the President in his behalf the Returning Officer shall send by registered post to each elector a voting papers in Form III in the case of the electorate mentioned in clauses (e) to (I) of sub-section (1) of Section 3. The voting paper shall be duly signed by the Returning Officer or his signature seal affixed to it by him:
Provided that no election shall be invalidated by reason of the non-receipt by an elector of his voting paper.
### 10. (1) Every elector desirous of recording votes shall send his voting paper by registered post to the Returning Officer after recording his vote thereon in accordance with the instructions contained therein:
Provided that voting papers which are not received by the Returning Officer before the date and time appointed for the scrutiny and counting of votes shall be rejected.
(2) An elector who has inadvertently dealt with his voting paper may on delivering it to the Returning Officer and satisfying him of the inadvertence obtain another voting paper in place of the spoiled paper and the latter shall together with its counterfoil be marked as cancelled.
### 11. After satisfying himself that the electors have affixed their signatures to the counterfoils, the Returning Officer shall tear of the counterfoil and place them in safe custody pending disposal under rule 12. The Returning Officer shall at the time of scrutiny endorse the word "rejected" on any voting paper which he may reject on the ground that it does not comply with the instructions on the voting paper.
### 12. (1) The Returning Officer shall attend for the purpose of the scrutiny of the votes at the date, time and place appointed by the President in this behalf.
(2) Every candidate may be present in person or may send a representative duly authorised by him in writing to watch the process of counting.
(3) The Returning Officer shall show the voting papers if requested but not the counterfoil to the candidate or their representatives.
(4) If any objection is made to any voting paper on the ground that it does not comply with the instruction therein or to the rejection by the Returning Officer of a voting paper, it shall be decided at once by the Returning Officer whose decision shall be final.
### 13. (1) In the case of votes in respect of election under clauses (e) to (I) of sub-section (1) of Section 3 when the counting of the votes has been completed, the Returning Officer shall forthwith declare the candidate or candidates to whom the largest number of votes have been given to be elected.
(2) When an equality of votes is found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected the determination of the person to whom one such additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer and in such manner as he may determine.
### 14. Upon the completion of the accounting of votes and after the result has been declared by him, the Returning Officer shall seal up the voting papers and all other documents relating to the election and shall retain the same for a period of six months and thereafter cause them to be destroyed.
### 15. The Returning Officer shall communicate the result of the election to the President who shall then publish it in the Official Gazette.
### 16. The President shall appoint and shall notify in the Official Gazette and in such other manner as he thinks fit, the date, time and place for each of the following proceedings, namely:
(a) the receipt of nomination papers and their scrutiny;
(b) the sending of voting papers;
(c) the receipt of voting papers and the scrutiny and counting of votes.
### 17. The packets of ballot papers and of the counterfoils thereof shall not be opened, and their contents shall not be inspected except under the order of the State Government to be granted only on its being satisfied by affidavit or otherwise that the inspection of the ballot papers counterfoils is necessary for the purpose of the petition questioning the validity of an election and such order may be made subject to such conditions as to the person, time, place and mode of opening an inspection as the State Government may think expedient.
### 18. An election petition may be presented to the State Government against an elected candidate by any candidate who has not been declared elected within one month from the date on which the result of the election was notified in the Official Gazette on the following grounds, namely :
(i) that the elected candidate induced by fraud, intentional misrepresentation, coercion or threat of injury to any voter to give or to refrain from giving a vote;
(ii) that the elected candidate offered or gave money or valuable consideration or any place of employment or held out any promise of individual advantage or profit to any voter;
(iii) that the elected candidate procured the giving of a vote in the name of voter who is not a person giving such vote;
(iv) that the elected candidate was declared to be elected by reason of the improper rejection or admission of one or more vote or for any other reason was not duly elected by a majority of valid votes.
### 19. (i) The petition shall contain a statement in a concise form of the material facts on which the petitioner realised and shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure for the verification of pleadings.
(ii) The petition shall be accompanied by a deposit of two hundred rupees as security of costs and a list signed and verified in like manner setting forth full particulars of the corrupt practice which the petitioner alleges.
### 20. The election of any person as a member of the Council shall not be questioned-
(a) on the ground that the name of any person qualified to vote has been omitted from or the name of any qualified person has been inserted in the electoral roll;
(b) on the ground of any non-compliance with any rule or any mistake in the forms required thereby or any error or irregularity or informality on the part of the Returning Officer unless such non-compliance, mistake, error, irregularity or informality has materially affected the result of the election.
### 21. (1) If after making such inquiry as it deems necessary, the State Government finds that the election was valid, it shall dismiss the petition and may award costs at its discretion.
(2) If the State Government finds that the election was not valid, it shall either (a) order a fresh election, or (b) declare another candidate to have been duly elected and in either case, may award cost at its discretion.
### 22. The State Government may, of its own motion, or on objection made declare any election that has been held to the void on account of any corrupt practice or other sufficient cause and may call on the electorate to make a fresh election.The decision of the State Government under this rule shall be final.
### 23. The decision of the State Government on any question that may arise as to the intention, construction or application of these rules shall be final.
Form I
Electoral Roll
List of persons qualified to vote under Section 3, sub-section (1) clauses (e), (f), (g), (h), (i), (j) or (k) of the Development of Ayurvedic and Unani Systems of Medicine Act, 1951
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Serial No.
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Registration No. in case of persons qualified to
vote under sub-sections (i) , (j), (k)
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Name
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Father's name
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Address
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I certify that all the persons whose names are entered in the above roll are qualified to vote under Section 3, sub-section (1) clauses (e), (f), (g), (h), (i), (j) or (k) of the Bihar Development of Ayurvedic and Unani Systems of Medicine Act, 1951.
Registrar,
Council of Ayurvedic and Unani Medicines, Bihar
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65ba661bab84c7eca86eb25f | acts |
State of Tamilnadu- Act
-------------------------
The Tamil Nadu Animal Preservation Rules, 1959
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TAMILNADU
India
The Tamil Nadu Animal Preservation Rules, 1959
================================================
Act 3626 of 1959
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* Published on 17 June 1959
* Commenced on 17 June 1959
The Tamil Nadu Animal Preservation Rules, 1959
Published vide Notification S.R.O. No. A.3626 of 1959, dated 17.6.1959
In exercise of the powers conferred by section 14 of the Tamil Nadu Animal Preservation Act, 1959 the Governor of Tamil Nadu hereby makes the following rules:-
### 1. Short title.
- These rules may be called by the Tamil Nadu Animal Preservation Rules, 1959.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Tamil Nadu Animal Preservation Act, 1958 (Tamil Nadu Act 10 of 1958).
(b) "Certificate" means a certificate granted under subjection (1) of Section 4;
(c) "Forms" means a form appended to these rules;
(d) "Section" means section of the Act.
### 3. Application for certificate.
- An application for a certificate shall be in Form I.
### 4. Fee for certificate.
(1) A fee at the rate of fifty naye paise for each animal to be slaughtered shall be payable for every certificate.
(2) Every application for the grant of a certificate shall be accompanied by a treasury receipt or crossed cheque, crossed demand draft or crossed postal order in favour of the competent authority for the amount of the fee specified in sub-rule (1).
### 5. Inspection of animal.
- The animal in respect of which the certificate is for shall be produced along with the application before the competent authority at least one day fixed for the slaughter of the animal.
### 6. Grant of certificate.
(1) The competent authority shall, on receipt of the application and after satisfying itself that the fee specified in rule 4 has been paid, inspect the animal to be slaughtered.
(2) The competent authority may, after such inspection as is referred to in sub-rule (1) and subject to the provision of the Act and these rules, grant the certificate which shall be in Form II.
### 7. Authority for providing places for slaughter.
- The prescribed authority for the purpose of clause (b) of section 6 shall be the competent authority.
Appendix
Form I
Application for Certificate
(See sub-rule (3) )
Application for obtaining certificate for the animals to be slaughtered in the village/ taluk/ district/ municipality/ township area on [date]
[Substituted by G.O. Ms. No. 1941, Food and Agriculture, dated the 4th June 1960.]
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1.
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Name of the applicant
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2.
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Father's Name.
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3.
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Occupation
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4.
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Address
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5.
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Number of animals to be slaughtered.
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6.
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Kind of animal to be slaughtered.
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7.
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Place of slaughter.
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8.
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Purpose for slaughtering.
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Date :
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Signature of the applicant
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Place :
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Form II
(See sub-rule (2) of rule 6)
Certified that I have ................... this day examined at the request of Sri/ Srimathi/ Kumari ................... the following animal/ animals belonging to ............... Sri/ Srimathi/ Kumari ................... for the reasons specified below:-
I am of the opinion that-
(1) the animal/ animals is/ are over ten years of age and is/ are unfit for work and breeding; or
(2) the animal/ animals has/ have become permanently incapacitated for work or breeding due to the injury, deformity or incurable disease mentioned below.
(Here specify the nature of the injury, deformity or disease)
Reasons for the opinion
(Here specify the reasons for the opinion)
I accordingly find the animal(s) fit for slaughter.
Description of the animal/ animals
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1.
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Kind of animal/ animals.
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:
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2.
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Number of animals.
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3.
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Breed of each of the animals.
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4.
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Colour of each of the animals.
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5.
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Age of each of the animals.
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6.
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Identification marks.
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Date :
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Place :
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Signature of the competent Authority.
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65ba9dc4ab84c7eca86ec343 | acts |
State of Goa - Act
--------------------
The Goa, Daman and Diu Electricity Duty Act, 1986
---------------------------------------------------
GOA
India
The Goa, Daman and Diu Electricity Duty Act, 1986
===================================================
Act 7 of 1986
---------------
* Published on 8 October 1986
* Commenced on 8 October 1986
The Goa, Daman and Diu Electricity Duty Act, 1986
(Act
No. 7 of 1986
)
[Dated 8-10-1986]
### 7. -22-86/LA. - An Act to provide for the levy of a duty on consumption of electrical energy in the Union territory of Goa, Daman and Diu.
Whereas it is expedient to provide for the levy of a duty on consumption of electrical energy in the Union territory of Goa, Daman and Diu;
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-seventh Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Goa, Daman and Diu Electricity Duty Act, 1986.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Chief Electrical Engineer" means the Chief Electrical Engineer of the Government and includes his duly authorized representative;
(b) "Consumer" means the owner or occupier of the premises which are for the time being connected for supply of energy with the distribution system belonging to the Government and in whose name the installation stands registered;
(c) "Department" means the Electricity Department of the Government;
(d) "Duty" means a duty levied on consumption of electrical energy;
(e) "Government" means the Government of Goa, Daman and Diu;
(f) "Energy" means electrical energy when generated, transmitted, supplied or used for any purpose except the transmission of a message;
(g) "licensee" means any person licensed under Part II of the Indian Electricity Act, 1910 (Central Act 9 of 1910), to supply energy and includes any person who has obtained the sanction of the Government under section 28 of that Act, the Central Government or the Government when it is engaged in the business of supplying energy;
(h) "new industrial undertaking" means any industrial undertaking which-
(i) is not formed by the splitting up or the reconstruction of business already in existence; or
(ii) is not formed by transfer to a new business, of a building, machinery or plant previously used for any purpose; and
(iii) which begins or has begun to manufacture or produce articles for the first time on or after the commencement of this Act, or at any time within a period of five years immediately preceding such a commencement;
(i) "Official Gazette" means the Goa, Daman and Diu Government Gazette;
(j) "person" means a person consuming electrical energy;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Schedule" means the Schedule to this Act;
(m) "Union territory" means the Union territory of Goa, Daman and Diu.
### 3. Duty on units of energy consumed.
(1) Subject to the provisions of sub-section (2), there shall be levied and paid to the Government on the units of energy consumed, a duty at the rates specified in the Schedule.
[Provided that the Government may, by notification in the Official Gazette, levy a duty at such other rate or rates or at a flat rate for all types of consumers but not exceeding the maximum rates as specified in the said Schedule.]
[Inserted by Goa Electricity duty (Amendment) Act, 2002 (Act No. 7 of 2002).]
(2) No duty shall be leviable on the units of energy consumed-
(i) by the Government (save in respect of premises used for residential purposes);
(ii) in respect of a hospital, or nursing home or dispensary, each of which when not maintained for private gains;
(iii) where the energy generated is at a voltage not exceeding 100 volts;
(iv) in respect of such industrial or agricultural purposes (other than residential or office purposes) in such areas and subject to such terms and conditions and for such period as the Government may, having regard to the need and conditions of industrial and agricultural development in the areas, by general or special order, specify in that behalf:
Provided that the Government may, either prospectively or retrospectively, by notification in the Official Gazette, exclude-
(a) any areas aforesaid or any part thereof (regard being had to the price of energy prevailing therein and to the state of industrial development thereof); or
(b) any new industrial undertaking, as may be specified in this behalf by the Government in such notification; and thereupon the provision of this clause shall not apply in those areas or part thereof or in relation to such new industrial undertakings.
### 4. Payment of duty.
(1) Every person shall pay the proper duty to the Government at such time and in such manner as may be prescribed.
(2) Where any person fails or neglects to pay the duty, at the time and in the manner as prescribed, the Department may, without prejudice to its right to recover the amount under section 9, deduct such amount of electricity duty from the amount, if any, deposited by the consumer with the Department, after giving not less than seven days' clear notice in writing to such person, cut off the supply of energy to such person; and he may, for that purpose, exercise the power conferred on a licensee by sub-section (1) of section 24 of the Indian Electricity Act, 1910 (Central Act 9 of 1910), for recovery of any charge or sum due in respect of energy generated by such person.
(3) Every person other than a licensee who generates energy for his own use shall pay to the Government at the time and in the manner prescribed, the proper duty payable under this Act on the units of energy consumed by him.
(4) Notwithstanding anything contained in the foregoing sub-sections, where the Department is satisfied that there is a bonafide mistake on the part of a person in paying the proper duty, on account of wrong meter reading or misclassification of consumption falling under any particular part or clause in the Schedule, the Department may, at any time, by order and with prior approval of the Government, waive or write off, with retrospective effect, the recovery of the amount of the duty or any part thereof due at the proper rate and of the amount of interest, if any, payable for delayed payment under section 9.
### 5. Person consuming energy, etc. to keep books of account and submit returns.
- Every person who is liable to pay proper duty under sub-section (3) of section 4 shall, save in respect of energy exempt from duty under sub-section (2) of section 3, keep books of account in the prescribed form and submit to the Department, returns in such form and at such times as may be prescribed, showing the units of energy consumed by him and the amount of the duty payable thereon and recovered or paid by him under section 4.
### 6. Power to exempt.
- Subject to such conditions as it may impose, the Government may, if it considers it necessary in the public interest to do so, by notification in the Official Gazette, exempt whether prospectively or retrospectively, the consumption of energy in the whole or any part of the Union territory, in respect of any class of premises or purposes or class of consumers or in respect of energy consumed upto a specified limit, from payment of the whole or any part of the duty payable under this Act.
### 7. Inspecting Officer. (1) Any Officer of the Electricity Department not below the rank of an Assistant Engineer shall be Inspector for the purposes of this Act.
(2) Every Inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).
### 8. Powers of Inspector.
(1) Subject to the provisions of any rules made by the Government in this behalf, the Inspector may-
(i) require production for inspection of such books and records as may be necessary for ascertaining or verifying the amount of duty leviable under the Act;
(ii) enter and search any premises where energy is, or is believed to be generated and consumed for the purpose of-
(a) verifying the statements made in the books of accounts kept and returns submitted under section 5;
(b) testing the reading of meters;
(c) verifying the particulars required in connection with the levy of electricity duty;
(iii) exercise such other powers and perform such other duties as may be necessary for carrying out the purposes of this Act, or the rules made thereunder.
(2) All searches made under sub-section (1) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
### 9. Recoveries.
- Any sum due on account of duty, if not paid at the time and in the manner prescribed, shall be deemed to be in arrears, and thereupon, interest on such sum shall be payable at the rate of 2 per cent per month till such sum is paid; and the sum together with any interest thereon, shall be recoverable either through a civil court or as arrears of land revenue.
### 10. Penalties.
- If any person-
(a) fails to keep books of account or to submit returns in accordance with the provisions of section 5 and the rules made in that behalf under section 13; or
(b) contravenes any rule made under the Act; or
(c) wilfully obstructs an Inspector in the exercise of the powers conferred upon him by or under this Act, he shall, on conviction, be punished with fine which may extend to one thousand rupees.
### 11. Offences by companies.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance, of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section-
(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.
### 12. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
### 13. Power to make rules.
(1) The Government may make rules not inconsistent with the provisions of the Act, for the purpose of carrying into effect the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may-
(a) prescribe the time and manner of payment of the duty under section 4;
(b) prescribe the form of the books of account to be kept, and the times at which, the form in which and the officers to whom the returns required by section 5 shall be submitted;
(c) prescribe the qualifications of Inspectors under section 7;
(d) prescribe the rules, if any, subject to which the Inspectors may exercise the power under section 8;
(e) provide that installation and the reading of meter and sub-meters;
(f) prescribe the procedure for securing any concession or exemption under the Act;
(g) provide for charging fees for the supply of copies of any documents under the Act;
(h) prescribe the procedure for referring questions to the authority, and for filing an appeal to the Government against any decision of such authority under paragraph II of the Schedule;
(i) provide for giving effect to the provisions of this Act.
(3) All rules made under the Act shall be subject to the condition of previous publication.
### 14. Savings.
- For the avoidance of doubt, it is hereby declared that nothing in this Act shall be taken to impose or authorise the imposition of, a tax on the generation and consumption of electricity which is -
(a) generated and consumed by the Government of India; or
(b) generated and consumed in the construction, maintenance or operation of any railway of the Government of India.
Schedule
----------
(See section 3)
Part - A
I.
In respect of -
Private houses, bungalows, clubs, hostels and hospitals run on non-commercial lines; charitable, education and religious institutions, etc. for lights, fans, radios, domestic heatings and other household appliances -
| | |
| --- | --- |
|
Units consumed per month
|
Paise/Unit
|
|
(a) for first 30 units
|
[18]
[In place of figure [5], Figure [18] is substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
|
(b) for next 120 units
|
[18]
[In place of figure [8], figure [18] substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
|
(c) for balance above 150 units
|
[18]
[In place of figure [10], figure [18] substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
Part - B
In respect of -
Shops, offices, railway-stations, hotels, restaurants, photographic studios, X-Ray installations, laundries, drycleaners, cinemas, theatres, A. I. R. Station and other commercial installations for lights, fans, radios, heating and other appliances-
| | |
| --- | --- |
|
Units consumed per month
|
Paise/Unit
|
|
(a) for first 30 units
|
[58]
[In place of figure [15], figure [58] is substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
|
(b) for next 120 units
|
[58]
[In place of figure [15], figure [58] is substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
|
(c) for balance above 150 units
|
[58]
[In place of figure [15], figure [58] is substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
Part - C
In respect of -
General motive power service.
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| --- | --- |
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Units generated and consumed per month
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Paise/Unit
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All units (for L.T. consumers)
|
[58]
[For the figure [1] the figure [4] is substituted by Goa Electricity Duty (Amendment) Act, 2002 (Act No. 7 of 2002), thereafter by the Goa Electricity Duty (Amendment) Act, 2006 (Act No. 5 of 2006) this figure [4] is substituted by figure [5] and thereafter by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008] in place of figure [5], figure [58] is substituted.]
|
|
All units (for H.T. consumers)
|
[58]
[Figure 4 is substituted by figure [5] by Goa Electricity Duty (Amendment) Act, 2002 (Act No. 5 of 2006). Thereafter by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008] in place of figure [5], figure [58] is substituted.]
|
Part - D
In respect of -
Poultry, dairy, piggery, pisciculture, etc. for lights, fans, heating and other appliances -
| | |
| --- | --- |
|
Units consumed per month
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Paise/Unit
|
|
All units
|
[18]
[In place of figure [5] , figure [18] is substituted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008].]
|
Part - E
In respect of -
Irrigation pumping and agricultural purposes -
| | |
| --- | --- |
|
Units consumed per month
|
Paise/Unit
|
|
All units
|
[18]
[Figure [1] is substituted by figure [2] by Goa Electricity duty (Amendment) Act, 2002 (Act No. 7 of 2002) and further by Goa Electricity Duty (Amendment) Act, 2006 (Act No. 3 of 2006 ) this figure is further altered with [5] in place of figure [4] Thereafter by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008] in place of figure. [5], figure [18] is substituted.]
|
Part - F
In respect of -
Public lighting system including signal system, and park lighting belonging to local authorities such as Municipalities/Panchayats, etc.
| | |
| --- | --- |
|
Units consumed per month
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Paise/Unit
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|
All units
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-
|
Part - G
[Deleted] [[Part 'G' Deleted by the Goa Electricity Duty (Amendment) Act, 2008 [Act No. 5 of 2008] original part 'G' read as follow:
In respect of -
Temporary supply for exhibitions or entertainments for private gains or for social functions or for any other purpose.
Capacity of generator - Rs./KVA/day
Any capacity - 5.]]
II. Where any question arises as to the part or clause in this Schedule under which any consumption of energy falls, or where the energy is consumed for different purposes, what portion of consumption should be governed by such part of clause, the question shall be referred for decision to such authority, as the Government may by notification in the Official Gazette, specify for the whole or any part of the Union territory. The authority after such inquiry as it deems fit shall record its decision.
An appeal shall lie against such decision to the Government, which shall be made within sixty days from the date of the decision.
Where no such appeal is made, the Government may, at any time suo motu, for the purpose of satisfying itself as to the legality or propriety of the decision of the authority, call for and examine the record of the case. If it appears to the Government that any decision so called for, should be modified, annulled or reversed, the Government may, after giving the person affected thereby an opportunity of being heard, pass such order thereon as it thinks just.
The decision recorded by the authority, subject to any appeal to, or revision by the Government, and the order of the Government in appeal or revision shall be final.
|
65ba9121ab84c7eca86ec208 | acts |
Union of India - Act
----------------------
Public Provident Fund Scheme, 2019
------------------------------------
UNION OF INDIA
India
Public Provident Fund Scheme, 2019
====================================
Rule PUBLIC-PROVIDENT-FUND-SCHEME-2019 of 2019
------------------------------------------------
* Published on 12 December 2019
* Commenced on 12 December 2019
Public Provident Fund Scheme, 2019
Published vide Notification No. G.S.R. 915(E) , dated 12.12.2019
Last Updated 14th December, 2019
G.S.R. 915(E) . - In exercise of the powers conferred by section 3A of the Government Savings Promotion Act, 1873 (5 of 1873), the Central Government hereby makes the following Scheme, namely:-
### 1. Short title and commencement.
(1) This Scheme may be called the Public Provident Fund Scheme, 2019.
(2) It shall come into force on the date of its publication in the Official Gazette.
### 2. Definitions.
(1) In this Scheme, unless the context otherwise requires,-
(a) "account" means an account under this scheme;
(b) "account holder" means an individual in whose name the account is held;
(c) "Act" means the Government Savings Promotion Act, 1873 (5 of 1873);
(d) "Form" means forms appended to this Scheme;
(e) "General Rules" means the Government Savings Promotion General Rules, 2018;
(f) "year" means the financial year.
(2) Words and expressions used herein but not defined shall have the meanings respectively assigned to them in the Act and in the General Rules.
### 3. Limits of number of accounts.
(1) An individual may open an account by making an application in Form-1.
(2) An individual may also open one account on behalf of each minor or a person of unsound mind of whom he is the guardian:
Provided that only one account shall be opened in the name of a minor or a person of unsound mind by any of the guardian.
(3) Joint account shall not be opened under this Scheme.
### 4. Limits of subscription.
(1) A deposit which shall not be less than five hundred rupees and not more than one lakh fifty thousand rupees in multiple of fifty rupees may be made in an account in a year.
(2) Maximum limit of one lakh fifty thousand rupees as specified in sub-paragraph (1) by an individual shall be inclusive of the deposits made in his own account and in the account opened on behalf of the minor.
### 5. Manner of making deposit.
(1) The account shall be opened with a minimum initial deposit of five hundred rupees and thereafter deposit of any sum in multiples of fifty rupees shall be made.
(2) The deposit in the account subject to the limits mentioned in paragraph 4 may be made in the account in one lump sum or in instalments.
### 6. Discontinuation of account.
(1) Any account in which the account holder, having deposited five hundred rupees in the initial year, fails to deposit the minimum amount in the following years, shall be treated as discontinued.
(2) An account treated as discontinued under sub-paragraph (1), may be revived during its maturity period on payment of a fee of fifty rupees along with arrears of minimum deposit of five hundred rupees for each year of default:
Provided that the balance in a discontinued account not revived by the account holder before its maturity shall continue to earn interest at the rate applicable to the Scheme from time to time.
(3) The account holder of a discontinued account shall not be eligible to open a new account before closure of such discontinued account after maturity:
Provided that the facility of loan and partial withdrawal shall not be allowed in such an account and the account holder shall be prohibited from opening another account in his name under this Scheme till final closure of such account.
(4) Facility of loan and partial withdrawal shall be allowed to regular accounts only as per the provisions of this Scheme.
(5) The total deposit in a year as specified in paragraph 4, shall be inclusive of deposits made in respect of years of default of the preceding years but excluding the default fee.
### 7. Interest.
(1) Interest at 7.9 per cent. per annum shall be eligible for a calendar month on the lowest balance at the credit of an account between the close of the fifth day and the end of the month.
(2) Interest shall be credited to the account at the end of each year.
(3) Interest shall be credited at the end of the year irrespective of the change of the account office due to transfer of the account during the year.
### 8. Loans.
(1) At any time after the expiry of one year from the end of the year in which the initial subscription was made but before expiry of five years from the end of the year in which the initial subscription was made, the account holder may, apply in Form-2, to the accounts office for obtaining a loan consisting of a sum of whole rupees not exceeding twenty-five per cent. of the amount that stood to his credit at the end of the second year immediately preceding the year in which the loan is applied for.
(2) In case of an account opened on behalf of a minor or a person of unsound mind, the guardian may apply for the loan for the benefit of the minor or the person of unsound mind by submitting the following certificate to the accounts office, namely:-
"Certified that the amount sought to be withdrawn is required for the use and welfare of
Shri/Smt./Master/ Kumari.................................. who is a minor/ a person of unsound mind/ a person incapable of operating his account due to physical infirmity and is alive on this......the day of..............(month) , ..........(year).".
(3) An account holder shall not be entitled to get a fresh loan so long as earlier loan has not been repaid in full together with interest thereon.
(4) An account holder shall be entitled for only one loan in a year.
### 9. Repayment of loan and interest.
(1) The principal amount of a loan shall be repaid by the account holder before the expiry of thirty-six months from the first day of the month following the month in which the loan is sanctioned:
Provided that the repayment may be made either in one lump sum or in instalments.
(2) After the principal amount of the loan is fully repaid, the account holder shall pay interest thereon in not more than two monthly instalments at the rate of one per cent. per annum of the principal for the period commencing from the first day of the month following the month in which the loan is drawn upto the last day of the month in which the last instalment of the loan is repaid:
Provided that where the loan is not repaid, or is repaid only in part, within a period of thirty-six months, interest on the amount of loan outstanding shall be charged at six per cent. per annum instead of at one per cent. per annum with effect from the first day of the month following the month in which the loan was obtained, to the last day of the month in which the loan is finally repaid.
(3) The interest on the amount of loan outstanding under the proviso to sub-paragraph (2) and any portion of interest payable, but not paid, on any loan, the principal amount of which has already been repaid within the period of thirty-six months, may, on becoming due, be debited to the holder's account.
(4) The interest recoverable shall accrue to the Central Government.
(5) The interest on outstanding loans which are not paid before the expiry of thirty-six months or paid partly shall be debited to the holder's account at the end of each year.
(6) In case of death of the account holder, the nominee or legal heir shall be liable to pay interest on the loan availed by the account holder but not repaid before his death. Such amount of due interest shall be adjusted at the time of final closure of the account.
### 10. Withdrawal from account.
(1) Any time after the expiry of five years from the end of the year in which the account was opened, the account holder may, avail withdrawal by applying in Form-2, from the balance to his credit, an amount not exceeding fifty per cent. of the amount that stood to his credit at the end of the fourth year immediately preceding the year of withdrawal or at the end of the preceding year, whichever is lower:
Provided that the amount of loan outstanding, if any, along with interest shall be paid by the account holder before availing the facility of withdrawal under this paragraph:
Provided further that the facility of withdrawal may be availed only once in a year only from the accounts which have not become discontinued.
(2) In case of an account opened on behalf of a minor, or a person of unsound mind, the guardian may apply for the withdrawal for the benefit of the minor or a person of unsound mind by submitting the following certificate to the accounts office, namely:-
"Certified that the amount sought to be withdrawn is required for the use and welfare of
Shri/Smt./Master/ Kumari.................................. who is a minor/ a person of unsound mind/ a person incapable of operating his account due to physical infirmity and is alive on this......the day of..............(month) , ..........(year).".
### 11. Closure of account or continuation of account without deposits after maturity.
(1) Any time after the expiry of fifteen years from the end of the year in which the account was opened, the account holder may apply in Form-3 to the accounts office for the closure of his account. The accounts office shall allow the withdrawal of the entire balance along with due interest up to the last day of the month preceding the month in which the account is closed.
(2) The account holder may retain his account after maturity without making any further deposits for any period and the balance in the account will continue to earn interest at the rate applicable to the Scheme:
Provided that the account holder may make one withdrawal, in each year, of any amount within the balance.
(3) Once the account is continued without deposits for more than a year, the account holder shall not have the option again to continue the account with deposits.
### 12. Extension of account with deposits after maturity.
(1) Subject to the provisions of paragraph 11, the account holder on the expiry of fifteen years from the end of the year in which the account was opened, may extend his account and continue to make deposit under paragraph 4 for a further block period of five years by applying to the accounts office in Form-4.
(2) The option of extension of account under sub-paragraph (1) shall be made by the account holder before expiry of one year from the maturity of the account:
Provided that an account opened on behalf of a minor or a person of unsound mind may be extended at the request of the guardian.
(3) No deposits can be made in the account, if the account holder fails to give his option to continue the account within one year from the date of maturity. Any deposit made in such account shall be treated as irregular and refunded by the accounts office immediately without any interest:
Provided that the balance in the account on the date of maturity shall continue to earn interest upto the end of the month preceeding the month of closure.
(4) Facility of partial withdrawal under paragraph 10 of the Scheme shall be available to the account extended under sub-paragraph (1), subject to the condition that the total withdrawal during the block period of five years shall not exceed sixty per cent. of the balance at credit at the commencement of the block period:
Provided that the withdrawal, subject to the ceiling as specified above may be made either in a single or in yearly instalments.
(5) Provisions of sub-paragraphs (1) to (4) shall also apply on accounts after maturity on expiry of the each extended block period of five years.
(6) If the account is continued with deposits for one or more five block periods, the account holder may leave the account without deposits on completion of any block period and the account shall continue to earn interest till it is closed and the account holder may make one withdrawal every year from the account.
(7) An account holder who has given his option for the extension of the account for a period of five years shall not have the option to withdraw his request at a later stage.
### 13. Premature closure of account.
(1) An account holder shall be allowed premature closure of his account or the account of a minor or person of unsound mind of whom is the guardian on an application to the accounts office in Form-5, on any of the following grounds, namely:-
(a) treatment of life threatening disease of the account holder, his spouse or dependent children or parents, on production of supporting documents and medical reports confirming such disease from treating medical authority;
(b) higher education of the account holder, or dependent children on production of documents and fee bills in confirmation of admission in a recognised institute of higher education in India or abroad;
(c) on change in residency status of the account holder on production of copy of Passport and visa or Incometax return:
Provided that an account under this Scheme shall not be closed before the expiry of five years from the end of the year in which the account was opened:
Provided further that on such premature closure, interest in the account shall be allowed at a rate which shall be lower by one per cent. than the rate at which interest has been credited in the account from time to time since the date of opening of the account, or the date of extension of the account, as the case may be.
### 14. Closure of account on death of the account holder.
(1) In the event of the death of the account holder, the account shall be closed and the nominee or the legal heir shall not be allowed to continue the account.
(2) The balance in the account of the deceased account holder shall earn interest till the end of the month preceeding the month in which the eligible balance is paid to the nominee or the legal heir, as the case may be.
### 15. Protection of credit balance from attachment.
- Amount standing to the credit of any account holder shall not be liable to attachment under any order or decree of any court in respect of any debt or liability incurred by the account holder.
### 16. Application of General Rules.
- Provisions of the General Rules shall, so far as may be, apply in relation to the matters for which no provisions have been made in this Scheme.
### 17. Power to relax.
- Where the Central Government is satisfied that the operation of any of the provisions of this Scheme causes undue hardship to an account holder, it may, by order for reasons to be recorded in writing, relax the requirements of that provision or provisions in a manner not inconsistent with the provisions of the Act.
FORM - 1
[See sub-paragraph (1) of paragraph 3]
(Application for opening an account)
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| --- | --- | --- |
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To
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{|
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Paste photograph ofapplicant/s
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|-
| The Postmaster/Manager
.........................................................
.........................................................
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| Sir,
|}
I .............................(account holder/guardian) hereby apply for opening of an account under Public Provident Fund Scheme.
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I tender herewith
(Rs........................................................................................)
No..................... date.......... as initial deposit. My
particulars are as under:-
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Rs........................../- in
cash/Cheque/DD.
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1. Name of the account holder
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.....................................................................
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Husband/Father /mother's name
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.....................................................................
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Date of Birth
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.........
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...........
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..................
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(DD /
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MM /
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YYYY )
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(In words).................................
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OR
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2. Name of minor account holder
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.....................................................................
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Father /mother's name or the guardian
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.....................................................................
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Date of Birth
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.........
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...........
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..................
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(DD /
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MM /
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YYYY )
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(In words).................................
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3. Aadhaar Number of account holder/guardian
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....................................................................
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4. Permanent Account Number (PAN) of account holder
/guardian
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....................................................................
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5. Present Address
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...................................................................
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Permanent Address
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...................................................................
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...................................................................
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6. Contact details
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Telephone Number...........................
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Mobile Number.................................
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Email
ID................................................
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7. Type of Account
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Single or through Guardian for Minor orperson
of unsound mind or blind or differentlyabled through authorized
person.
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8. (\*)Details of Birth proof
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................................................................
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(d) Certificate No.
................................................................................
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(e) Date of Issue
................................................................................
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(c) Issuing authority
................................................................................
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9. (\*) Name of Guardian (Natural/Legal)
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...................................................
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(In case the account is opened on behalf of a
Minor/person of unsound mind)
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10. Details of other KYC documents attached
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1. Proof of identification
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...................................................
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2. Address proof
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...................................................
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11. (The following
documents are accepted as valid documents for the purpose of
identification and address proof:
1. Passport
2. Driving license
3. Voter's ID card
4. Job card issued by
NREGA signed by the State Government officer
5. Letter issued by the National Population
Register containing details of name and address);
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...................................................
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1. The operation of the account will be:-
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(a) By the Guardian till
the account holder attains majority.
(b) By the account holder on attaining majority,
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12. Specimen Signatures
1..............................
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2..................................
3.,.................................
(Name) ..................................................................
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I hereby declare that I have not opened a Public Provident Fund Account in the name of the myself/minor mentioned at serial number 1 in any of the Post office/Bank in the country.
I further declare that I will abide by the ceiling of maximum deposit in the accounts opened in my name and in the name of minors as per provision of paragraph 4 and any deposit in excess of the ceiling will be treated as in contravention to the Scheme.
I further declare that I and the minor both are Resident citizen of India and undertake to inform the account office of any change in our residency/citizenship status in future.
I hereby undertake to abide by the scheme provisions and Government Savings Promotion rules-2018 applicable on the Scheme and amendments issued thereto from time to time.
Signature or thumb impression of account holder /guardian
Date...............
Nomination
### 13. I..................................................hereby nominate the person(s) mentioned below to whom to the exclusion of all other persons in the event of my death the amount standing to my credit at the time of my death would be payable. | | | | | | | |
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S.No.
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Name(s) of the nominee(s) and relationship
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Full address (s) |
Aadhaar number of nominee (optional) |
Date of birth of nominee in case of minor
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Share of entitlement
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Nature of entitlement Trustee or owner
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1
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2
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3
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4
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As the nominee(s) at Serial No.(s)........................................specified above is/are minor(s), I appoint Shri/Smt/Kumari........................................................S/o,D/o,W/o......................................................................................Address.....................................................................................................................................................................................to receive the sum due under the said account in the event of my death during the minority of the nominee(s).
### 1. Signature of witness........................................... Name & Address.....................................................
### 2. Signature of witness........................................... Name & Address.....................................................
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| --- | --- |
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Place:Date:
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Signature or thumb impression of account holder or guardian
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For use of Post Office/Bank
The account has been opened in the name of.......................................on..........................with initial deposit of Rs.............................................. with Account No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
Customer identification Number......................................
Nomination has been registered vide No........................................................................dated...............................................
Signature and seal of competent authority.
FORM - 2
[See sub-paragraph (1) of paragraph 8 and paragraph 10]
(Application for Loan/Withdrawal)
To,
The Postmaster/Manager
.........................................................
.........................................................
Sir,
I .......................................................................( account holder /guardian) hereby apply for loan/withdrawal from my account as per details below:-
Account Number:........................................................................................
Amount of Loan/withdrawal applied...........................................................
\*Certified, that the amount sought to be withdrawn/loan to be availed is required for the use of
.............................................who is alive and still a Minor.
### 2. Please Credit the amount of loan/withdrawal to my SB Account no.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ standing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of Account office).
or
Please issue a Demand Draft/account payee cheque
or
Please pay in cash (applicable if the amount is below permissible limit of cash payment).
### 3. I certify that all the provisions applicable under scheme for grant of withdrawal/loan have been complied with. Necessary documents as applicable are attached as under:-
### 1. ###
2.
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Date\_\_\_\_\_\_\_\_\_\_
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Signature or thumb impression of account holder/guardian
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Attested By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(Attestation is applicable in case of thumb impression)
For office use only
Payment detail
Amount available in Account Rs .\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date of Initial Subscription \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date on which last withdrawal/loan was allowed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Total Amount granted for withdrawal/loan Rs .\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(In figures)
(In words)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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Date
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Stamp Signature of Postmaster/Manager
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Acquittance
(to be filled by account holder)
Received Rs .\_\_\_\_\_\_\_\_\_\_\_\_\_(In figures)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (in words) By cash/cheque/DD bearing no...........................................dated....................../by transfer to Account No...............................
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Date
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Signature/thumb impression of account holder /guardian
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FORM - 3
[See sub-paragraph (1) of paragraph 11]
(Application for closure of account)
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Name of Post Office/Bank\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Account Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
### 1. I hereby submit pass book/deposit receipt and apply for closure of my above mentioned account matured on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
2. Please Credit the amount of eligible balance in my matured account to my SB Account no.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ standing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of Account office).
or
Please issue a Demand Draft/account payee cheque
or
Please pay in cash (applicable if the amount is below permissible limit).
\*Certified, that the amount sought to be withdrawn/loan to be availed is required for the use of .............................................who is alive and still a Minor.
Signature or thumb impression of account holder /guardian
(Thumb impression should be attested by a person known to Accounts office)
Payment Order
(For office use only)
Date ................................
Payment detail
Principal amount Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(+) Interest due Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(-) Recovery of overpaid interest Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Deduction if any Rs\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Total Amount due Rs\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Pay Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(in figurers)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(in words)
| | |
| --- | --- |
|
Date
|
Signature of Postmaster/Manager
|
Acquittance
(to be filled by depositor)
Received Rs .\_\_\_\_\_\_\_\_\_\_\_\_\_(In figures)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (in words) By cash/cheque/DD bearing no...........................................dated....................../by transfer to Account No...............................
| | |
| --- | --- |
|
Date
|
Signature/thumb impression of account holder /guardian
|
FORM - 4
[See sub-paragraph (1) of paragraph 12]
(Application for extension of account)
To,
The Postmaster/Manager
.........................................................
.........................................................
Sir,
### 1. My PPF account number\_\_\_\_\_\_\_\_\_\_\_\_ has matured on\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
2. I request for extension of my PPF account number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_for a further block period of five years.
### 3. I have understood the terms and conditions applicable to the account during the period of extension under the said scheme as amended from time to time and shall abide by them. I hereby declare that I, and the minor( in case of minor account) continues to be Resident Citizen of
India at the time of commencement of the block period of five years.
| | |
| --- | --- |
|
Date
|
Signature of the account holder /guardian
|
|
Place
|
(Name and address)
|
For the use of Accounts Office
The account no............................ which was opened on ................. with Rs......................(Rupees........................................................) and matured on ........................, has been extended for a period of \_\_\_\_\_\_ years with effect from .................... to ......................under rule..............of the.....................scheme.
Necessary entries have been made in the records and pass book/deposit receipt/ statement of account.
| | |
| --- | --- |
|
Date
|
Signature of Postmaster/ManagerSeal
|
FORM - 5
[See sub-paragraph (1) of paragraph 13]
(Application for premature closure of account)
To,
The Postmaster/Manager
.........................................................
.........................................................
Sir,
### 1. I wish to prematurely close my Account No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ having balance of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Rupees\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Only) and request you to pay the amount after deduction of applicable penalty, as per details given below:- Please Credit the amount to my SB Account no.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ standing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of Account office).
or
Please issue a Demand Draft/account payee cheque
or
Please pay in cash (applicable if the amount is below permissible limit)
### 2. I hereby declare that the provisions under which the account can be closed before maturity have been complied with. Necessary documents as applicable are attached as under:-
### 1. ###
2.
\*Certified, that the amount sought to be withdrawn/loan to be availed is required for the use of .............................................who is alive and still a Minor.
| | |
| --- | --- |
|
Date: - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Signature or thumb impression of account holder /guardian
|
(Thumb impression of the depositor should be attested by a person known to the accounts office)
For office use only
Payment detail
Eligible balance in Account L \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Less Penalty amount L \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Total Amount to be paid L \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(In figures)
(In words)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | |
| --- | --- |
|
Date
|
Stamp Signature of Postmaster/Manager
|
Acquittance
(to be filled by account holder/ messenger)
Received Rs .\_\_\_\_\_\_\_\_\_\_\_\_\_(In figures)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (in words) By cash/cheque/DD bearing No.)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_dated\_\_\_\_\_\_\_\_\_\_\_\_\_/by transfer to Account No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
| | |
| --- | --- |
|
Date:Place:
|
Signature/thumb impression of account holder /guardian
|
|
65ba1bebab84c7eca86eaa16 | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Khadi and Village Industries Tribunal (Procedure) Rules, 1968
-------------------------------------------------------------------------------
MAHARASHTRA
India
The Maharashtra Khadi and Village Industries Tribunal (Procedure) Rules, 1968
===============================================================================
Rule THE-MAHARASHTRA-KHADI-AND-VILLAGE-INDUSTRIES-TRIBUNAL-PROCEDURE-RULES-1968 of 1968
-----------------------------------------------------------------------------------------
* Published on 4 March 1968
* Commenced on 4 March 1968
The Maharashtra Khadi and Village Industries Tribunal (Procedure) Rules, 1968
Published vide Notification No. G.N., I. & L.D., No. KVB. 4262/36268-IND-2, dated 4th March, 1968 (M.G., Part 4B, p. 333)
In exercise of the powers conferred by clause (p) of sub-section (2) of section 29 of the Bombay Khadi and Village Industries Act, 1960 (Bombay XIX of 1960), and all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, namely
### 1. Short title.
- These rules may be called the Maharashtra Khadi and Village Industries Tribunal (Procedure) Rules, 1968.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Bombay Khadi and Village Industries Act, 1960;
(b) "Chief Executive Officer " means the Chief Executive Officer appointed under section 7;
(c) "Section" means a section of the Act;
(d) "Tribunal" means Tribunal appointed under section 26-A.
### 3. Notice of recovery of money due as arrear of land revenue.
(1) Where any sum is payable to the Board under any agreement express or implied or otherwise howsoever, the Board may cause a notice to be served on the person liable to pay the sum directing him to pay it within a period of one month from the date of the receipt of the notice.
(2) Where the person on whom a notice is served under sub-rule (1), disputes his liability to pay the sum stated in the notice, he may, within thirty days of the receipt of the notice, make a representation to that effect to the Board.
(3) If, within the period referred to in sub-rule (2), the person on whom a notice is served under sub-rule (1) neither pays the sum nor makes any representation to the Board disputing the claim under sub-rule (2), the Board may refer the claim along with the certificate of the Chief Executive Officer indicating therein the sum due to the Board, to the Collector under sub-section (1) of section 26-A of the Act and thereupon subject to the provision of sub-section (2) of section 26-A, the Collector shall recover the sum due as an arrear of land revenue.
(4) If in the course of proceedings taken against a person for recovery of any sum required to be recovered under sub-rule (3) such person denies his liability to pay the sum or any part thereof the Collector before whom the proceedings are pending, shall forthwith send a notice of such denial to the Board.
### 4. Request for constitution of Tribunal under sub-section (2) of section 26-A and for reference of questions as to denial of liability to such Tribunal.
(1) On receipt of a representation under sub-rule (2) or a notice under sub-section (4) of rule 3, the Board shall forward a copy of such representation or notice, as the case may be, to the State Government with a request that a Tribunal may be constituted for determining the question as to denial of liability to pay to the Board, made in such representation or referred to in such, notice.
(2) On receipt of a request from the Board under sub-rule (1) the State Government may constitute a Tribunal in accordance with the provisions of sub-section (2) of section 26-A and refer the question mentioned in such request to the Tribunal for decision.
(3) The Tribunal shall follow, as far as possible the procedure, as far as it is applicable, laid down in the Code of Civil Procedure, 1908.
### 5. Notice to parties to appear before Tribunal.
(1) After the question is referred to the Tribunal for decision as provided in sub-rule (2) of rule 4 a notice shall be served on the person concerned and the Board calling upon them to appear before the Tribunal on the date specified in the notice. The notice shall also state that if the party concerned does not appear before the Tribunal either in person or through its authorised agent on the dates specified in the notice or any subsequent date to which hearing may be adjourned, the Tribunal shall hear and decide the question ex parte.
(2) (a)
The notices issued to any party by or under the authority of the Tribunal under sub-rule (1) shall be served by any of the following methods, namely :-
(i) by personal delivery of a copy of the notice to the addressee or his agent, after taking his signature on the original in token of receipt, or
(ii) by registered post (with acknowledgement due).
An acknowledgement containing signature of the addressee or his agent or an endorsement by the Postal Authorities to the effect that the notice was refused by the addressee shall, unless the contrary is proved be deemed to be sufficient to hold that the notice was duly served.
(b) Where the Tribunal is satisfied that the addressee is evading service or that it is not possible to serve the notice in the ordinary way, it may direct that a copy of the notice shall be affixed on its notice Board and another copy on the outer door or some other conspicuous part of his present or last known residence and at a conspicuous place in the village or town where he last resided or carried on business or by publishing the notice in a newspaper which has circulation in the locality.
(c) Where the Tribunal directs service of notice otherwise than by post, it may be sent for service to the Tahsildar or Naib-Tahsildar of the Taluka, within whose jurisdiction the party to be served with the notice resides. The Tahsildar or Naib-Tahsildar shall have the notice served through the village officers and return it to the Tribunal with an endorsement stating the time, where and the manner in which, the notice was served and the name and address of the person, if any, identifying the person served and witnessing the delivery or tender of the notice.
### 6. The Tribunal so constituted shall, after making such inquiry as it may deem fit and after giving to the person denying the liability to pay and the Board a reasonable opportunity of being heard and after considering such evidence as may be produced by such person and the Board, decide the question whether, and if so. what sum is payable by such person to the Board.
### 7. Supply of certified copies of decision to the Board and parties concerned.
- A certified copy of the decision of the Tribunal shall,-
(a) where it is in respect of representation made under sub-rule (2) of the rule 3, be forwarded to the Board and if the decision declares any sum as payable to the Board, the Board may take action for having the sum recovered as an arrear of land revenue;
(b) where it is in respect of denial of liability, referred to in a notice under sub-rule (4) of rule 3, be forwarded to the Collector, by whom such notice was issued, for disposal of the proceedings concerned in accordance with the decision of the Tribunal in the matter.
|
65baae07ab84c7eca86ec543 | acts |
State of Gujarat - Act
------------------------
The Gujarat Separation of Judicial and Executive Functions (Supplementary) Act, 1954
--------------------------------------------------------------------------------------
GUJARAT
India
The Gujarat Separation of Judicial and Executive Functions (Supplementary) Act, 1954
======================================================================================
Act 8 of 1954
---------------
* Published on 10 February 1954
* Commenced on 10 February 1954
The Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954
Bombay Act
No. 8 of 1954
[Dated 10th February, 1954]
For the Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, page 656.
An Act to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951.
Whereas it is expedient to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951 (Bombay XXIII of 1951); It is hereby enacted as follows:-
### 1. Short title.
- This Act may be called the Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954.
### 2. Amendments to enactments.
- The Central Acts specified in Parts I and II of the Schedule appended to this Act (hereinafter called the Schedule) in their application to the State of Bombay and the Bombay Acts specified in Part III of the Schedule are hereby amended to the extent mentioned in the fourth column of the Schedule.
### 3. Amendments not to render invalid notifications, orders, etc., issued before commencement of Act.
- The provisions of this Act which amend any Act specified in the Schedule so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, by-law, rule or regulation duly made or issued or anything duly done before the commencement of this Act; and any such notification, order, commitment, attachment, by-law, rule or regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances, as if it had been done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable to such a case.
### 4. Saving.
(1) Save as provided in this section, nothing in this Act shall be deemed to affect-
(a) the validity invalidity, effect or consequence of anything done or suffered to be done in an area before the date on which the provisions of this Act come into force in such area;
(b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date;
(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such date;
(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment;
and any such investigation, legal proceeding or remedy may be instituted, continued, or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of the relevant enactments as amended by this Act.
(2) All legal proceedings pending before a Magistrate or Court on the date on which this Act comes into force shall, if such Magistrate or court ceases to have jurisdiction in respect of such proceedings under the provisions of the relevant enactments as amended by this Act, stand transferred to the Magistrate or Court having jurisdiction under the provisions of the relevant enactments as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate and Court shall have all the powers and jurisdiction thereof as if they had been originally instituted before such Magistrate or in such Court.
Schedule
----------
(See Section 2)
Part I – The Code of Criminal Procedure, 1898
-----------------------------------------------
| | | | |
| --- | --- | --- | --- |
|
Year
|
Number
|
Short title
|
Extent of amendment
|
|
1
|
2
|
3
|
4
|
|
1898
|
V
|
Code of Criminal Procedure, 1898.
|
1. In Section 10---
|
|
|
|
|
(i) in sub-section
(2) ---
(a) for the words "
an additional District Magistrate" the words "one or
more Additional District Magistrates" shall be substituted;
and
(b) for the words
"such Additional Distract Magistrate" the words "
an Additional District Magistrate" shall be substituted;
(ii) after
sub-section (2) the following sub-section shall be inserted,
namely : -
"(3) for the purposes of sub-section (3) of
Section 192, Section 406-B, and sub-section (3-4) of Section 528,
an Additional District Magistrate shall be deemed to be
subordinate to the District Magistrate."
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. In sub-section (2) of Section 13 for the
words "any Sub-Divisional Magistrate" the words "one
or more Sub-Divisional Magistrates" and for the words "any
Taluka Magistrate" the words "one or more Taluka
Magistrate" shall be substituted.
|
|
|
|
|
3. For Section 17-A, the following shall be
substituted, namely:-
|
|
|
|
|
"17-A.Subordination of Executive
Magistrates.
|
|
|
|
|
(1) All Executive Magistrates appointed under
Section 13 or 14 shall be subordinate to the District Magistrate;
and every Taluka Magistrate shall also be subordinate to the
Sub-Divisional Magistrate, subject, however, to the general
control of the District Magistrate.
|
|
|
|
|
(2) The District Magistrate may, from time to
time, make rules or give special orders consistent with this Code
as to the distribution of business among the magistrates
subordinate to him and as to allocation of business to an
Additional District Magistrate."
|
|
|
|
|
4. In Section 192, after sub-section (2) , the
following shall be inserted, namely:-
|
|
|
|
|
"(3) Any District Magistrate or
Sub-Divisional Magistrate may transfer any case of which he has
taken cognizance, for inquiry or trial to any Magistrate
subordinate to him and such Magistrate may dispose of the case
accordingly."
|
|
|
|
|
5. After Section 406-A, the following section
shall be inserted, namely :-
|
|
|
|
|
"406-B. Transfer of appeals to
Additional District Magistrates.-The District Magistrate may
transfer any appeal presented to him under Section 406 or 406-A
to an Additional District Magistrate, and such Additional
District Magistrate may hear and dispose of the appeal."
|
|
|
|
|
6. In Section 505, in sub-section (1) , for the
words "Magistrate of the First class" the words
"Magistrate subordinate to him" shall be substituted.
|
|
|
|
|
7. In Section 528, after sub-section (3) , the
following sub-section shall be inserted, namely :-
|
|
|
|
|
"(3-A) Where the District Magistrate
authorised under sub-section (3) withdraws any case from any
Magistrate subordinate to him, he may inquire into or try such
case himself or refer it for inquiry or trial to any other
Magistrate subordinate to him and competent to inquire into or
try the same."
|
|
Part II-other Central Acts
|
|
1867
|
XXV
|
The Press and Registration of Books Act, 1867.
|
In Section 1, the words "`Magistrate' means
any person exercising the full powers of a Magistrate, and
includes a Magistrate of Police" shall be deleted.
|
|
1886
|
XI
|
The Indian Tramways Act, 1886.
|
1. In Section 37, for the words "a
Magistrate" wherever they occur, the words "an
Executive Magistrate" shall be substituted;
|
|
|
|
|
2. In Section 38, for the words "a
Magistrate" the words "an Executive Magistrate"
shall be substituted.
|
|
1910
|
IX
|
The Indian Electricity Act, 1910.
|
1. In sub-section (3) of Section 18, for the
words "a Magistrate of the first class" the words "the
District Magistrate" shall be substituted;
|
|
|
|
|
2. In Section 54, for the words "a
Magistrate" the words "an Executive Magistrate"
shall be substituted.
|
|
1912
|
IV
|
The Indian Lunacy Act, 1912.
|
In Section 3, for clause (6) the following shall
be substituted, namely:-
|
|
|
|
|
"(6) 'Magistrate' means in Greater Bombay,
Presidency Magistrate and elsewhere, a Magistrate of the first
class."
|
|
1920
|
XXXIII
|
The Identification of Prisoners Act, 1920.
|
In Section 5, in the first proviso, for the
words "except by a Magistrate of the first class" the
words "except by the District Magistrate, a Sub-Divisional
Magistrate, a Magistrate of the first class" shall be
substituted.
|
|
1925
|
XII
|
The Cotton Ginning and Pressing Factories Act,
1925.
|
In sub-section (1) of Section 11, for the words
beginning with the words "the District Magistrate" and
ending with the words "State Government" the words "the
Commissioner of Police in Greater Bombay and the District
Magistrate, elsewhere" shall be substituted.
|
|
1936
|
IV
|
The Payment of Wages Act, 1936.
|
In sub-section (1) of Section 15, for the word
"Magistrate" the words "Judicial Magistrate"
shall be substituted.
|
|
1948
|
XI
|
The Minimum Wages Act, 1948.
|
In sub-section (1) of Section 20, for the word
"Magistrate" the words "Judicial Magistrate"
shall be substituted.
|
|
1951
|
LVI
|
The Press (Objectionable Matter) Act, 1951.
|
In sub-section (2) of Section 6, for the words
"any Magistrate" the words "any Judicial
Magistrate" shall be substituted.
|
|
Part III-Bombay Acts
|
|
1888
|
III
|
The Bombay Municipal Corporation Act.
|
In sub-section (1) of Section 379-A, for the
words "Presidency Magistrate" the words "Presidency
Magistrate specially empowered by the State Government"
shall be substituted.
|
|
1892
|
I
|
The Bombay District Vaccination Act, 1892.
|
In Section 23, in sub-section (1) , for the words
"a Magistrate" the words "a Taluka Magistrate"
shall be substituted.
|
|
1901
|
III
|
The Bombay District Municipal Act, 1901.
|
1. In sub-section (1) of Section 86,-
|
|
|
|
|
(i) for the words "Magistrate or Bench of
Magistrates" the words "Judicial Magistrates or Bench
of such Magistrates" shall be substituted; and
|
|
|
|
|
(ii) for the words "State Government or of
the District Magistrate" the words "Sessions Judge"
shall be substituted.
|
|
|
|
|
2. In sub-section (3) of Section 145, for the
words "a Magistrate exercising not less than second class
powers" the words "a Taluka Magistrate" shall be
substituted.
|
|
|
|
|
3. In sub-section (1) of Section 148, for the
words "a Magistrate of the first class" the words "a
Taluka Magistrate" shall be substituted.
|
|
|
|
|
4. In Section 153, for the words "Magistrate
of the first class" the words "Executive Magistrate"
shall be substituted.
|
|
|
|
|
5. In Section 158, for the words "any
Magistrate" the words "any Executive Magistrate"
shall be substituted.
|
|
1923
|
VI
|
The Bombay Local Boards Act, 1923.
|
In Section 113,-
|
|
|
|
|
(i) for the words "Magistrate or Bench of
Magistrates" the words "Judicial Magistrate or Bench of
such Magistrates" shall be substituted, and
|
|
|
|
|
(ii) for the words "State Government or of
the District Magistrate" the words "Sessions Judge"
shall be substituted.
|
|
1925
|
XVIII
|
The Bombay Municipal Boroughs Act, 1925.
|
1. In sub-section (1) of Section 110,-
|
|
|
|
|
(i) for the words "Magistrate or Bench of
Magistrates" the words "Judicial Magistrate or Bench of
such Magistrates" shall be substituted; and
|
|
|
|
|
(ii) for the words "District Magistrate"
the words "Session Judge" shall be substituted.
|
|
|
|
|
2. In sub-section (3) of Section 180, for the
words "a Magistrate exercising not less than second class
powers" the words "a Taluka Magistrate" shall be
substituted.
|
|
|
|
|
3. In sub-section (1) of Section 183, for the
words "a Magistrate of the first class" the words "a
Taluka Magistrate" shall be substituted.
|
|
|
|
|
4. In Section 189, for the words "Magistrate
of the first class" the words "Executive Magistrate"
shall be substituted.
|
|
|
|
|
5. In Section 196, for the words "any
Magistrate" the words "any Executive Magistrate"
shall be substituted.
|
|
1938
|
XIX
|
The Bombay Probation of Offenders Act, 1938.
|
In sub-section (8) of Section 3, the words "or
Sub-Divisional Magistrate" shall be deleted.
|
|
1947
|
LI
|
The Bombay Habitual Offenders Restriction Act,
1947.
|
In Section 11,-
|
|
|
|
|
(i) for sub-section (1) the following shall be
substituted, namely :-
|
|
|
|
|
"(1) Where an order of restriction is made
against any person, the Court or Magistrate making such order or
the Court or Magistrate to whom an appeal would lie against such
order under Section 13 may, at any time, on its or his own motion
or on an application from such person and for sufficient reasons
to be recorded in writing, make an order cancelling or modifying
the order of restriction";
|
|
|
|
|
(ii) sub-section (3) shall be deleted.
|
|
65ba6494ab84c7eca86eb220 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Hindu Wills Regulation, 1829
-----------------------------------------
TAMILNADU
India
Tamil Nadu Hindu Wills Regulation, 1829
=========================================
Act 5 of 1829
---------------
* Published on 1 April 1961
* Commenced on 1 April 1961
Tamil Nadu Hindu Wills Regulation, 1829
(Tamil Nadu Regulation 5 of 1829)
Statement of Objects and Reasons. - A Regulation for modifying section 16, [Regulation III, 1802], and for declaring the legal force of Wills left by Hindus within the State of Tamil Nadu to be dependent on their conformity to the Hindu Law, according to the Authorities prevalent in the State
The Tamil Nadu Administration of Estates Regulation, 1802
The short title was given by the Repealing and Amending Act, 1901 (Central Act XI of 1901). This Regulation was declared by the Laws Local Extent Act, 1874 (Central Act XV of 1874), section 4 and the Second Schedule, to be in force in the whole of the State of Tamil Nadu except the territories mentioned in the Sixth Schedule to that Act.
This Regulation was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).
This Regulation was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadu Act 23 of I960), which came into force on the 1st April 1961, repealing the corresponding law in that territory.
### 1. Preamble.
- Whereas [xxx]
[Certain words and figures, repealed by the Repealing and Amending Act, 1901 (Central Act XI of 1901), section 3, are omitted.]
[clause second of section 16 of the [Tamil Nadu]
[Substituted for the words 'clause second of the said section' by the Repealing and Amending Act, 1901 (Central Act XI of 1901.), section 3, and the Second Schedule.]
[Administration of Estates Regulation, 1802]
[Tamil Nadu Regulation III of 1802.]
] directs that, on the death of a Hindu leaving a will, his executors "are to take charge of the estate of the deceased and proceed in the execution of their trust according to the will of the deceased and the laws and usages of the country"; and whereas this [xxx]
[Certain obsolete words have been repealed by Central Act XII of 1876.]
enactment is at variance both with the Hindu Law, according to the Authorities prevalent within [the State]
[Substituted for the words 'these territories' by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969.]
, and with the [xxx]
[Certain obsolete words have been repealed by Central Act XII of 1876.]
obligation imposed on the Courts to administer justice to the [inhabitants]
[Substituted for the word 'Natives' by the Adaptation Order of 1950.]
in the said matters according to their own laws, and it is therefore expedient that the same should be modified, the [State Government]
[Substituted for the expression 'Governor in Council' by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969.]
[have]
[Substituted for the word 'has' by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969.]
therefore enacted this Regulation [xxx]
[Certain obsolete words have been repealed by Central Act XII of 1876.]
### 2. [Repeal of Regulation III of 1802, section 16, clause 2, so far as it applies to Hindus.] Rep. Mad. Act. II of 1839.]
### 3. Rules applicable to estates of Hindus dying and leaving wills.
- The rules contained in clauses third, fourth, fifth, sixth and seventh, section 16, Regulation III, 1802 [xxx]
[Certain obsolete words have been repealed by Central Act XII of 1876.]
respecting the estates of Hindus dying interstate, are hereby declared equally applicable to the cases of Hindus dying and leaping wills.
### 4. Wills of Hindus to be in conformity to Hindu Law.
- Wills left by Hindus within the [State]
[Substituted for the words 'territories subject to this Government' and 'respective territories under this Presidency' by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th 'January 1969.]
shall have no legal force whatever, except so far as their contents may be in conformity with the provisions of the Hindu law, according to the Authorities prevalent in the [State]
[Substituted for the words 'territories subject to this Government' and 'respective territories under this Presidency' by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th 'January 1969.]
.
|
65babd97ab84c7eca86ec6db | acts |
State of Jammu-Kashmir - Act
------------------------------
The Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health Protection in Public Service Vehicles Act, 1997
---------------------------------------------------------------------------------------------------------------------
JAMMU & KASHMIR
India
The Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health Protection in Public Service Vehicles Act, 1997
=====================================================================================================================
Act 20 of 1997
----------------
* Published in Gazette 20 on 2 June 1997
* Assented to on 2 June 1997
* Commenced on 2 June 1997
Jammu And Kashmir Prohibition Of Smoking And Non-Smokers Health Protection In Public Service Vehicles Act, 1997
[Act No. 20 of 1997]
[02nd June, 1997]
An Act to provide for prohibition of smoking in public service vehicles in the State and to make provisions for other matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Forty Eighth Year of the Republic of India as follows:-
### 1. Short title, extent and commencement
(1) This Act may be called the Jammu and Kashmir Prohibition of Smoking and Non-Smokers Health Protection in Public Service Vehicles Act, 1997.
(2) It extends to the whole of the State of Jammu and Kashmir.
### 2. Definitions
In this Act, unless the context otherwise requires:-
(a) "advertisement" means and includes a notice, circular, pamphlet, display in public service vehicles by visible representation made by means of any light, sound, gas smoke, or any other means which has, directly or indirectly, the efforts of promoting smoking and the expression "advertise" shall be construed accordingly;
(b) "Authorised Officer" means an officer authorised under section 4;
(c) "Government" means the Government of Jammu and Kashmir;
(d) "public service vehicle" means a vehicle as defined under clause (25) of section 2 of the Motor Vehicles Act, 1988 (81 of 1988);
(e) "Smoking" means smoking of tobacco in any form, whether in the form of cigarettes, cigars, beedis or otherwise or with the aid of pipe, wrapper or any other instrument.
### 3. Power of Government to authorise officers to act under this Act
(1) The Government may, by notification in the Government Gazette, authorise one or more officers, who shall be competent to act under this Act.
(2) Every officer authorised under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the State Ranbir Penal Code Samvat 1989.
### 4. Prohibition of smoking in public service vehicles
Without prejudice to the provisions of the Motor Vehicles Act, 1988 (81 of 1988) no person shall smoke in a public service vehicle.
### 5. Prohibition of advertisement of cigarettes etc
Notwithstanding anything contained in any other law for the time being in force, no person shall advertise in any public service vehicle which may promote, directly or indirectly, smoking, or the sale of cigarettes and beedies etc.
### 6. Penalties
Any person, who contravenes the provisions of:-
(i) section 4 shall be punishable with fine which may extend to one hundred rupees and in case of second or subsequent offence, shall be punishable with a minimum fine of two hundred rupees, but which may extend to five hundred rupees;
(ii) section 5 shall be punishable with fine which may extend to five hundred rupees in case of second or subsequent offence,
shall be punishable with a minimum fine of five hundred rupees but which may extend to one thousand rupees.
### 7. Ejection of violators of this Act from the public service vehicle
Any authorised officer or any Police Officer not below the rank of Sub-Inspector of Police or Traffic Department may eject any person from public service vehicle who contravenes the provisions of this Act.
### 8. Court competent to try offence under this Act and take cognizance of offences
(1) No court other than the court of Judicial Magistrate, Ist class shall take cognizance of, and try any offence under this Act.
(2) No court shall take cognizance of any office under this Act except on a complaint in writing of an authorised officer with respect to offence under section 4 and on a report in writing of a Police Officer, not below the rank of Assistant Sub-Inspector, with respect to the offence under section 6.
### 9. Certain offences to be cognizable and bailable
Notwithstanding anything contained in the code of Criminal Procedure, Samvat 1989, offences under section 6 shall be cognizable and bailable.
### 10. Offences under the Act to be tried summarily
All offences under this Act shall be summarily in the manner provided for summary trial under the Code of Criminal Procedure, Samvat 1989.
### 11. Power to delegate
The Government may, by notification in the Government Gazette, direct that any power exercisable by it under this Act, may also be exercised by such officer as may be mentioned therein, subject to such conditions, if any, as may be specified by the said notification.
### 12. Composition of offences
The Government or any person, authorised by it by general or special order in this behalf, may either before or after the institution of the proceedings compound any offence made punishable by or under this Act.
### 13. Power to make rules
(1) The Government may make rules to provide for or regulate any matter in respect of which this Act makes no provision or makes insufficient provision and provisions is, in its opinion necessary.
(2) Any rule made by the Government shall be subject to previous publication thereof in the Government Gazette.
(3) Every rule made under this Act shall be laid as soon as may be after it is made before the two Houses of the State Legislature and if the Legislature suggests any modification in the rule or directs that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
|
65b9cae4ab84c7eca86e9fc3 | acts |
State of Madhya Pradesh - Act
-------------------------------
The Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003
----------------------------------------------------------------------------------------
MADHYA PRADESH
India
The Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003
========================================================================================
Regulation THE-SCHEDULED-AREAS-STATES-OF-CHHATTISGARH-JHARKHAND-AND-MADHYA-PRADESH-ORDER-2003 of 2003
-------------------------------------------------------------------------------------------------------
* Published on 20 February 2003
* Commenced on 20 February 2003
The Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003
Published vide Notification No. G.S.R. 114(E) , dated 20th February, 2003
Ministry of Law and Justice
(Legislative Department)
G.S.R. 114(E) . - The following Order made by the President is published for general information:-
"C.O.192
In exercise of the powers conferred by sub-paragraph (2) of paragraph 6 of the Fifth Schedule to the Constitution of India, the President hereby rescinds the Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 in so far as it relates to the areas now comprised in the States of Chhattisgarh, Jharkhand and Madhya Pradesh and in consultation with the Governors of the States concerned, is pleased to make the following Order, namely:-
### 1. (1) This Order may be called the Scheduled Areas (States of Chhattisgarh, Jharkhand and Madhya Pradesh) Order, 2003.
(2) It shall come into force at once.
### 2. The areas specified below are hereby redefined to be the Scheduled Areas within the States of Chhattisgarh, Jharkhand and Madhya Pradesh:-
Chhattisgarh
### 1. Surguja district ###
2. Koria district
### 3. Bastar district
### 4. Dantewara district
### 5. Kanker district
### 6. Marwahi, Gorella-1, Gorella-2 Tribal Development Blocks and Kota Revenue Inspector Circle in Bilaspur district
### 7. Korba district
### 8. Jasbpur district
### 9. Dharmjaigarh, Gharghoda, Tamnar, Lailunga and Kharsia Tribal Development Blocks in Raigarh district
### 10. Dondi Tribal Development Block in Durg district
### 11. Chauki, Manpur and Mohla Tribal Development Blocks in Rajnandgaon district
### 12. Gariaband, Mainpur and Chhura Tribal Development Blocks in Raipur district
### 13. Nagri (Sihawa) Tribal Development Block in Dhamtari district.
Jharkhand
### 1. Burma, Mandar, Chanho, Bero, Lapung, Ratu, Narnkom, Kanke, Ormanjhi, Angara, Silli, Sonahatu, Tamar, Bundu, Arki, Khunti, Murhu, Karra, Torpa and Rania blocks in Ranchi district ###
2. Kisko, Kuru, Lohardaga, Bhandra and Senha blocks in Lohardaga district
### 3. Bishunpur, Ghagra, Chainpur, Dumri, Raidih, Gumla, Sisai, Bharno, Kamdara, Basia and Palkot blocks in Gumla district ###
4. Simdega, Kolebira, Bano, Jaldega, Thethaitangar, Kurdeg and Bolba blocks in Simdega district
### 5. Barwadih, Manika, Balumath, Chandwa, Latehar, Garu and Mahuadarn blocks in Latehar district ###
6. Bhandaria block in Garhwa district
### 7. Bandgaon, Chakradharpur, Sonua, Goelkera, Manoharpur, Noamundi, Jagannathpur, Manghgaon, Kumardungi, Manjhari, Tantnagar, Jhickpani, Tonto, Khutpani and Chaibasa blocks in West-Singhbhum district ###
8. Govindpur (Rajnagar) , Adityapur (Gamhariya), Saraikela, Kharsawan, Kuchai, Chandil, Ichagarh and Nimdih blocks in Saraikela-Kharsawan district
### 9. Golmuri-Jugsalai, Patinada, Potka, Dumaria, Musabani, Ghatsila, Dhalbhumgarh, Chakulia and Bahragora blocks in East-Singhbhum district ###
10. Saraiyahat, Jarmundi, Jama, Ramgarh, Gopikandar, Kathikund, Dumka, Sikaripara, Raneshwar and Masalia blocks in Dumka district
### 11. Kundhit, Nala, Jamtara and Narainpur blocks in Jamtara district ###
12. Sahebganj, Borio, Taljhari, Rajmahal, Barharwa, Pathna and Barhet blocks in Sahebganj district
### 13. Littipara, Amrapara, Hiranpur, Pakur, Maheshpur and Pakuria blocks in Pakur district ###
14.
Boarijore and Sunderpahari blocks in Godda district.
Madhya Pradesh
### 1. Jhabua district ###
2. Mandla district·
### 3. Dindori district ###
4. Barwani district
### 5. Sardarpur, Dhar, Kukshi, Dharampuri, Gandhwani and Manawar tahsils in Dhar district ###
6. Bhagwanpura, Segaon, Bhikangaon, Jhirniya, Khargone and Meheshwar tahsils in Khargone (West Nimar) district
### 7. Khalwa Tribal Development Block of Harsud tahsil and Khaknar Tribal Development Block of Khaknar tahsil in Khandwa (East Nimar) district ###
8. Sailana and Bajna tahsils in Ratlam district
### 9. Betul tahsil (excluding Betul Development Block) and Bhainsdehi and Shahpur tahsils in Betul district ###
10. Lakhanadone, Ghansaur and Kurai tahsils in Seoni districi
### 11. Baihar tahsil in Balaghat district ###
12. Kesla Tribal Development Block of Itarsi tahsil in Hoshangabad district
### 13. Pushparajgarh, Anuppur, Jaithari, Kotma, Jaitpur, Sohagpur and Jaisinghnagar tahsils of Shahdol district ###
14. Pali Tribal Development Block in Pali tahsil of Umaria district
### 15. Kusmi Tribal Development Block in Kusmi tahsil of Sidhi district
### 16. Karahal Tribal Development Block in Karahal tahsil of Sheopur district
### 17. Tamia and Jamai tahsils, patwari circle Nos. 10 to 12 and 16 to 19, villages Siregaon Khurd and Kirwari in patwari circle No. 09, villages Mainawari and Gaulie Parasia of patwari circle No. 13 in Parasia tahsil, village Bamhani of patwari circle No. 25 in Chhindwara tahsil, Harai Tribal Development Block and patwari circle Nos. 28 to 36, 41, 43, 44 and 45B in Amarwara tahsil
Bichhua tahsil and patwari circle Nos. 05, 08, 09, 10, 11 and 14 in Saunsar tahsil, Patwari circle Nos. 01 to 11 and 13 to 26, and patwari circle No. 12 (excluding village Bhuli), village Nandpur of patwari circle No. 27, villages Nilkanth and Dhawdikhapa of patwari circle No. 28 in Pandurna tahsil of Chhindwara district.
### 3. Any reference in the preceding paragraph to a territorial division by whatever name indicated shall be construed as a reference to the territorial division of that name as existing at the commencement of this Order.
|
65ba7855ab84c7eca86eb849 | acts |
Union of India - Act
----------------------
THE UTTAR PRADESH REORGANISATION ACT, 2000
--------------------------------------------
UNION OF INDIA
India
THE UTTAR PRADESH REORGANISATION ACT, 2000
============================================
Act 29 of 2000
----------------
* Published in Gazette of India on 25 August 2000
* Not commenced
1. Amended by
[The Uttar Pradesh Reorganisation (Amendment) Act, 2003 (Act 7 of 2004)
on
1 January 2004
]
An Act to provide for the reorganisation of the existing State of Uttar Pradesh and for matters connected therewith.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-
Part I – Preliminary
----------------------
### 1. Short title.-
This Act may be called the Uttar Pradesh Reorganisation Act, 2000.
### 2. Definitions.-
In this Act, unless the context otherwise requires,-
(a) "appointed day"1 means the day which the Central Government may, by notification in the Official Gazette, appoint;
(b) "article" means an article of the Constitution;
(c) "assembly constituency", "council constituency" and "parliamentary constituency" have the same meanings as in the Representation of the People Act, 1950 (43 of 1950);
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing State of Uttar Pradesh" means the State of Uttar Pradesh as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the existing State of Uttar Pradesh;
(g) "notified order" means an order published in the Official Gazette;
(h) "population ratio", in relation to the States of Uttar Pradesh and Uttaranchal, means the ratio of 1321:70;
(i) "sitting member", in relation to either House of Parliament or of the Legislature of the existing State of Uttar Pradesh, means a person who immediately before the appointed day, is a member of that House;
(j) "successor State", in relation to the existing State of Uttar Pradesh, means the State of Uttar Pradesh or Uttaranchal;
(k) "transferred territory" means the territory which on the appointed day is transferred from the existing State of Uttar Pradesh to the State of Uttaranchal;
(l) "treasury" includes a sub-treasury; and
(m) any reference to a district, tehsil or other territorial division of the existing State of Uttar Pradesh shall be construed as a reference to the area comprised within that territorial division on the appointed day.
Part II – Reorganisation of The State of Uttar Pradesh
--------------------------------------------------------
### 3. Formation of Uttaranchal State.-
On and from the appointed day, there shall be formed a new State to be known as the State of Uttaranchal comprising the following territories of the existing State of Uttar Pradesh, namely:-
Pauri Garhwal, Tehri Garhwal, Uttar Kashi, Chamoli, Dehradun, Nainital, Almora, Pithoragarh, Udham Singh Nagar, Bageshwar, Champawat, Rudraprayag and Hardwar districts,
and thereupon the said territories shall cease to form part of the existing State of Uttar Pradesh.
### 4. State of Uttar Pradesh and territorial divisions thereof.-
On and from the appointed day, the State of Uttar Pradesh shall comprise the territories of the existing State of Uttar Pradesh other than those specified in section 3.
### 5. Amendment of the First Schedule to the Constitution.-
On and from the appointed day, in the First Schedule to the Constitution, under the heading "I. THE STATES",-
(a) in the paragraph relating to the territories of the State of Uttar Pradesh, after the words, brackets and figures "clause (a) of sub-section (1) of section 3 of the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968 (24 of 1968), the following shall be inserted, namely:-
"and the territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000";
(b) after entry 26, the following entry shall be inserted, namely:-
"27. Uttaranchal: The territories specified in section 3 of the Uttar Pradesh Reorganisation Act, 2000.".
### 6. Saving powers of State Governments.-
Nothing in the foregoing provisions of this Part shall be deemed to affect the power of the Government of Uttar Pradesh or Uttaranchal to alter, after the appointed day, the name, area or boundaries of any district or other territorial division in the State.
Part III – Representation in the Legislatures
-----------------------------------------------
**The Council of States**
### 7. Amendment of the Fourth Schedule to the Constitution.-
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,-
(a) entries 17 to 28 shall be renumbered as entries 18 to 29 respectively;
(b) in entry 16, for the figures "34", the figures "31" shall be substituted;
(c) after entry 16, the following entry shall be inserted, namely:-
"17.Uttaranchal ....................................................................3".
### 8. Allocation of sitting members.-
(1) On and from the appointed day, thirty-four sitting members of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been elected to fill the seats allotted to the States of Uttar Pradesh and Uttaranchal, as specified in the First Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
**The House of the People**
### 9. Representation in the House of the People.-
On and from the appointed day, there shall be allocated 80 seats to the successor State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of 1950) shall be deemed to be amended accordingly.
### 10. Delimitation of Parliamentary and Assembly Constituencies.-
On and from the appointed day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as directed in the Second Schedule to this Act.
### 11. Provision as to sitting members.-
(1) Every sitting member of the House of the People representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands allotted, with or without alteration of boundaries, to the successor State of Uttar Pradesh or Uttaranchal, shall be deemed to have been elected to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
**The Legislative Assembly**
### 12. Provisions as to Legislative Assemblies.-
(1) The number of seats as on the appointed day in the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal shall be four hundred and three and seventy respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading "I. States"-
(a) entries 25 and 26 shall be renumbered as entries 26 and 27 respectively;
(b) after entry 24, the following entry shall be inserted, namely:-
| | |
| --- | --- |
|
1
|
5
|
|
"25. Uttaranchal...................................
|
70";
|
### 13. Allocation of sitting members.-
(1) Every sitting member of the Legislative Assembly of the existing State of Uttar Pradesh elected to fill a seat in that Assembly from a constituency which on the appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of boundaries, to the State of Uttaranchal shall, on and from that day, cease to be a member of the Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the provisional Legislative Assembly of Uttaranchal from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be members of the Legislative Assembly of that State and any such sitting member representing a constituency the extent or the name and extent of which are altered by virtue of the provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Uttar Pradesh by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assemblies of Uttar Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Uttar Pradesh nominated to that Assembly under article 333 to represent the Anglo-Indian community shall be deemed to have been nominated to represent the said community in the Legislative Assembly of Uttar Pradesh under that article.
### 14. Composition of provisional Legislative Assembly of Uttaranchal.-
(1) On and from the appointed day and until the Legislative Assembly of the successor State of Uttaranchal has been duly constituted and summoned to meet for the first session under the provisions of the Constitution, a provisional Legislative Assembly of the State of Uttaranchal, consisting of the twenty-two sitting members of the Legislative Assembly and nine members of the Legislative Council of the existing State of Uttar Pradesh representing the Assembly constituencies or Council constituencies of the territories transferred by virtue of the provisions of section 3 shall be constituted.
(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that State.
(3) The term of office of the members of the provisional Legislative Assembly of the State of Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the first meeting of the Legislative Assembly of the State of Uttaranchal.
### 15. Duration of Legislative Assemblies.-
The period of five years referred to in clause (1) of article 172 shall, in the case of the Legislative Assembly of the State of Uttar Pradesh, be deemed to have commenced on the date on which it actually commenced in the case of the Legislative Assembly of the existing State of Uttar Pradesh.
### 16. Speaker and Deputy Speaker.-
(1) The persons who immediately before the appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Uttar Pradesh shall continue to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the provisional Legislative Assembly of the successor State of Uttaranchal shall choose two members of that Assembly to be respectively Speaker and Deputy Speaker thereof and until they are so chosen, the duties of the office of Speaker shall be performed by such member of the Assembly as the Governor may appoint for the purpose.
### 17. Rules of procedure.-
The rules of procedure and conduct of business of the Legislative Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the Legislative Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the Speaker thereof.
**The Legislative Council of Uttar Pradesh**
### 18. Legislative Council of Uttar Pradesh.-
On and from the appointed day, there shall be one hundred seats in the Legislative Council of Uttar Pradesh, and in the Third Schedule to the Representation of the People Act, 1950 (43 of 1950), for the existing entry 8, the following entry shall be substituted, namely:-
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
"8. Uttar Pradesh....................... 100
|
36
|
8
|
8
|
38
|
10".]
|
### 19. Amendment of the Delimitation of Council Constituencies.-
On and from the appointed day, the Delimitation of the Council Constituencies (Uttar Pradesh) Order, 1951 shall stand amended as directed in the Third Schedule.
### 20. Provision as to certain sitting members.-
(1) On and from the appointed day, the sitting members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule to this Act shall cease to be members of that Council and shall be deemed to be the members of the provisional Legislative Assembly.
(2) On and from the appointed day, all sitting members of the Legislative Council of the existing State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that Council.
(3) The term of office of the members referred to in sub-section (2) shall remain unaltered.
### 21. Deputy Chairman.-
The person who immediately before the appointed day is the Deputy Chairman of the Legislative Council of the existing State of Uttar Pradesh shall continue to be the Deputy Chairman, on and from that day of that Council.
**Delimitation of Constituencies**
### 22. Delimitation of constituencies.-
(1) For the purpose of giving effect to the provisions of section 12, the Election Commission shall determine in the manner hereinafter provided-
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal, respectively, having regard to the relevant provisions of the Constitution;
(b) the assembly constituencies into which each State referred to in clause (a) shall be divided, the extent of each of such constituencies and in which of them seats shall be reserved for the Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the parliamentary constituencies in each State referred to in clause (a) that may be necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election Commission shall have regard to the following provisions, namely:-
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions under sub-section (1), associate with itself as associate members, five persons as the Central Government may by order specify, being persons who are the members of the Legislative Assembly of the State or of the House of the People representing the State:
Provided that none of the associate members shall have a right to vote or to sign any decision of the Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled as far as practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall-
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified; and
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or orders shall have the full force of law and shall not be called in question in any court.
(6) As soon as may be after such publication, every such order relating to assembly constituencies shall be laid before the Legislative Assembly of the concerned State.
### 23. Power of Election Commission to maintain Delimitation Orders up-to-date.-
(1) The Election Commission may, from time to time by notification in the Official Gazette,-
(a) correct any printing mistakes in any order made under section 22 or any error arising therein from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order or orders is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as may be after it is issued, before the concerned Legislative Assembly.
**Scheduled Castes and Scheduled Tribes**
### 24. Amendment of the Scheduled Castes Order.-
On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.
### 25. Amendment of the Scheduled Tribes Order.-
On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.
Part IV – High Court
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### 26. High Court of Uttaranchal.-
(1) As from the appointed day, there shall be a separate High Court for the State of Uttaranchal (hereinafter referred to as "the High Court of Uttaranchal") and the High Court of Judicature at Allahabad shall become the High Court for the State of Uttar Pradesh (hereinafter referred to as the High Court at Allahabad).
(2) The principal seat of the High Court of Uttaranchal shall be at such place as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and division courts of the High Court of Uttaranchal may sit at such other place or places in the State of Uttaranchal other than its principal seat as the Chief Justice may, with the approval of the Governor of Uttaranchal, appoint.
### 27. Judges of Uttaranchal High Court.-
(1) Such of the Judges of the High Court at Allahabad holding office immediately before the appointed day as may be determined by the President shall on that day cease to be Judges of the High Court at Allahabad and become, Judges of the High Court of Uttaranchal.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Uttaranchal shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in that Court according to the priority of their respective appointments as Judges of the High Court at Allahabad.
### 28. Jurisdiction of Uttaranchal High Court.-
The High Court of Uttaranchal shall have, in respect of any part of the territories included in the State of Uttaranchal, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the High Court at Allahabad.
### 29. Special provision relating to Bar Council and advocates.-
(1) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), in clause (a), for the words "and Uttar Pradesh", the words "Uttar Pradesh and Uttaranchal" shall be substituted.
(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Uttar Pradesh may give his option in writing, within one year from the appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Uttaranchal and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on the roll of the Bar Council of Uttaranchal with effect from the date of the option so given for the purposes of the said Act, and the rules made thereunder.
(3) The persons other than the advocates who are entitled immediately before the appointed day, to practise in the High Court at Allahabad or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the High Court of Uttaranchal or any subordinate court thereof, as the case may be.
(4) The right of audience in the High Court of Uttaranchal shall be regulated in accordance with the like principles as immediately before the appointed day are in force with respect to the right of audience in the High Court at Allahabad.
### 30. Practice and procedure in Uttaranchal High Court.-
Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court at Allahabad shall, with the necessary modifications, apply in relation to the High Court of Uttaranchal, and accordingly, the High Court of Uttaranchal shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court at Allahabad:
Provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the High Court at Allahabad shall, until varied or revoked by rules or orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to practice and procedure in the High Court of Uttaranchal as if made by that Court.
### 31. Custody of seal of Uttaranchal High Court.-
The law in force immediately before the appointed day with respect to the custody of the seal of the High Court at Allahabad shall, with the necessary modifications, apply with respect to the custody of the seal of the High Court of Uttaranchal.
### 32. Form of writs and other processes.-
The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court at Allahabad shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the High Court of Uttaranchal.
### 33. Powers of Judges.-
The law in force immediately before the appointed day relating to the powers of the Chief Justice, single Judges and division courts of the High Court at Allahabad and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High Court of Uttaranchal.
### 34. Procedure as to appeals to Supreme Court.-
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court at Allahabad and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of Uttaranchal.
### 35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court.-
(1) Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no jurisdiction in respect of the transferred territory.
(2) Such proceedings pending in the High Court at Allahabad immediately before the appointed day as are certified, whether before or after that day, by the Chief Justice of that High Court, having regard to the place of accrual of the cause of action and other circumstances, to be proceedings which ought to be heard and decided by the High Court of Uttaranchal shall, as soon as may be after such certification, be transferred to the High Court of Uttaranchal.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 28, but save as hereinafter provided, the High Court at Allahabad shall have, and the High Court of Uttaranchal shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Allahabad before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Uttaranchal, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court at Allahabad-
(a) before the appointed day, in any proceedings transferred to the High Court of Uttaranchal by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Allahabad retains jurisdiction by virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High Court at Allahabad, but also as an order made by the High Court of Uttaranchal.
### 36. Right to appear or to act in proceedings transferred to Uttaranchal High Court.-
Any person who, immediately before the appointed day, is an advocate entitled to practise or any other persons entitled to practise in the High Court at Allahabad and was authorised to appear in any proceedings transferred from that High Court to the High Court of Uttaranchal under section 35, shall have the right to appear in the High Court of Uttaranchal in relation to those proceedings.
### 37. Interpretation.-
For the purposes of section 35-
(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court shall be construed as including references to a Judge or division court thereof, and references to an order made by a court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or Judge.
### 38. Savings.-
Nothing in this Part shall affect the application to the High Court of Uttaranchal of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any Legislature or other authority having power to make such provision.
Part V – Authorisation of Expenditure And Distribution of Revenues
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### 39. Authorisation of expenditure of Uttaranchal State.-
The Governor of Uttar Pradesh may, at any time before the appointed day, authorise such expenditure from the Consolidated Fund of the State of Uttaranchal as he deems necessary for any period not more than six months beginning with the appointed day pending the sanction of such expenditure by the Legislative Assembly of the State of Uttaranchal:
Provided that the Governor of Uttaranchal may, after the appointed day, authorise such further expenditure as he deems necessary from the Consolidated Fund of the State of Uttaranchal for any period not extending beyond the said period of six months.
### 40. Reports relating to accounts of Uttar Pradesh State.-
(1) The reports of the Comptroller and Auditor-General of India referred to in clause (2) of article 151 relating to the accounts of the existing State of Uttar Pradesh in respect of any period prior to the appointed day shall be submitted to the Governor of each of the successor States of Uttar Pradesh and Uttaranchal who shall cause them to be laid before the Legislature of that State.
(2) The President may by order-
(a) declare any expenditure incurred out of the Consolidated Fund of Uttar Pradesh on any service in respect of any period prior to the appointed day during the financial year or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised; and
(b) provide for any action to be taken on any matter arising out of the said reports.
### 41. Distribution of revenue.-
The President shall, by order, determine the share of the States of Uttar Pradesh and Uttaranchal in its total amount payable to the existing State of Uttar Pradesh on the recommendation of the Finance Commission constituted under article 280 in such manner as he thinks fit.
Part VI – Apportionment of Assets and Liabilities
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### 42. Application of Part.-
(1) The provisions of this Part shall apply in relation to the apportionment of the assets and liabilities of the existing State of Uttar Pradesh immediately before the appointed day.
(2) The successor States shall be entitled to receive benefits arising out of the decisions taken by the predecessor State and the successor States shall be liable to bear the financial liabilities arising out of the decisions taken by the existing State of Uttar Pradesh.
(3) The apportionment of assets and liabilities would be subject to such financial adjustment as may be necessary to secure just, reasonable and equitable apportionment of the assets and liabilities amongst the successor States.
(4) Any dispute regarding the amount of financial assets and liabilities shall be settled through mutual agreement, failing which by order by the Central Government on the advice of the Comptroller and Auditor-General of India.
### 43. Land and goods.-
(1) Subject to the other provisions of this Part, all land and all stores, articles and other goods belonging to the existing State of Uttar Pradesh shall,-
(a) if within the transferred territory, pass to the State of Uttaranchal; or
(b) in any other case, remain the property of the State of Uttar Pradesh:
Provided that where the Central Government is of opinion that any goods or class of goods should be distributed among the States of Uttar Pradesh and Uttaranchal, otherwise than according to the situation of the goods, the Central Government may issue such directions as it thinks fit for a just and equitable distribution of the goods and the goods shall pass to the successor States accordingly:
Provided further that in case of any dispute relating to the distribution of any goods or class of goods under this sub-section, the Central Government shall endeavour to settle such dispute through mutual agreement arrived at between the Governments of the successor States for that purpose, failing which the Central Government may, on request by any of the Governments of the successor States, after consulting both the Governments of the successor States, issue such direction as it may deem fit for the distribution of such goods or class of goods, as the case may be, under this sub-section.
(2) Stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall pass to the successor States in whose territories such institutions, workshops, undertakings or works are located.
(3) Stores relating to the Secretariat and offices of Heads of Departments having jurisdiction over the whole of the existing State of Uttar Pradesh shall be divided between the successor States in accordance with such directions as the Central Government may, after consultation with the Government of each successor States, think fit to issue for a just and equitable distribution of such stores.
(4) Any other unissued stores of any class in the existing State of Uttar Pradesh shall be divided between the successor States in proportion to the total stores of that class purchased in the period of three years prior to the appointed day, for the territories of the existing State of Uttar Pradesh included respectively in each of the successor States:
Provided that where such proportion cannot be ascertained in respect of any class of stores or where the value of any class of such stores does not exceed rupees ten thousand, that class of stores shall be divided between the successor States according to the population ratio.
(5) In this section, the expression "land" includes immovable property of every kind and any rights in or over such property, and the expression "goods" does not include coins, bank notes and currency notes.
### 44. Treasury and bank balances.-
The total of the cash balances in all treasuries of the State of Uttar Pradesh and the credit balances of the State with the Reserve Bank of India, the State Bank of India or any other bank immediately before the appointed day shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio:
Provided that for the purposes of such division, there shall be no transfer of cash balances from any treasury to any other treasury and the apportionment shall be effected by adjusting the credit balances of the two States in the books of the Reserve Bank of India on the appointed day:
Provided further that if the State of Uttaranchal has no account on the appointed day with the Reserve Bank of India, the adjustment shall be made in such manner as the Central Government may, by order, direct.
### 45. Arrears of taxes.-
The right to recover arrears of the tax or duty on property, including arrears of land revenue, shall belong to the successor State in which the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor State in whose territories the place of assessment of that tax or duty is included on the appointed day.
### 46. Right to recover loans and advances.-
(1) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any local body, society, agriculturist or other person in an area within that State shall belong to the successor State in which that area is included on that day.
(2) The right of the existing State of Uttar Pradesh to recover any loans or advances made before the appointed day to any person or institution outside that State shall belong to the State of Uttar Pradesh:
Provided that any sum recovered in respect of any such loan or advance shall be divided between the States of Uttar Pradesh and Uttaranchal according to the population ratio.
### 47. Investments and credits in certain funds.-
(1) The securities held in respect of the investments made from Cash Balances Investment Account or from any Fund in the Public Account of the existing State of Uttar Pradesh as specified in the Seventh Schedule shall be apportioned in the ratio of population of the successor States:
Provided that the securities held in investments made from the Calamity Relief Fund of the existing State of Uttar Pradesh shall be divided in the ratio of the area of the territories occupied by the successor States:
Provided further that the balance in the Reserve Funds in the Public Account of Uttar Pradesh created wholly out of appropriations from the Consolidated Fund of the existing State of Uttar Pradesh, to the
extent the balances have not been invested outside Government account, shall not be carried forward to similar Reserve Funds in the Public Account of the successor States.
(2) The investments of the existing State of Uttar Pradesh immediately before the appointed day in any special fund, the objects of which are confined to a local area, shall belong to the State in which that area is included on the appointed day.
(3) The investments of the existing State of Uttar Pradesh immediately before the appointed day in any private, commercial or industrial undertaking, in so far as such investments have not been made or are deemed not to have been made from the Cash Balances Investment Account, shall pass to the State in which the principal seat of business of the undertaking is located.
(4) Where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Uttar Pradesh or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, the investments in, or loans or advances to, any such body corporate by the existing State of Uttar Pradesh made before the appointed day shall, save as otherwise expressly provided by or under this Act, be divided between the States of Uttar Pradesh and Uttaranchal in the same proportion in which the assets of the body corporate are divided under the provisions of this Part.
### 48. Assets and liabilities of State undertakings.-
(1) The assets and liabilities relating to any commercial or industrial undertaking of the State of Uttar Pradesh shall pass to the State in which the undertaking is located.
(2) Where a depreciation reserve fund is maintained by the State of Uttar Pradesh for any such commercial or industrial undertaking, the securities held in respect of investments made from that fund shall pass to the State in which the undertaking is located.
### 49. Public Debt.-
(1) All liabilities on account of Public Debt and Public Account of the existing State of Uttar Pradesh outstanding immediately before the appointed day shall be apportioned in the ratio of population of the successor States unless a different mode of apportionment is provided under the provisions of this Act.
(2) The individual items of liabilities to be allocated to the successor States and the amount of contribution required to be made by one successor State to another shall be such as may be ordered by the Central Government in consultation with the Comptroller and Auditor-General of India:
Provided that till such orders are issued, the liabilities on account of Public Debt and Public Account of the existing State of Uttar Pradesh shall continue to be the liabilities of the successor State of Uttar Pradesh.
(3) The liability on account of loan raised from any source and re-lent by the existing State of Uttar Pradesh to such entities as may be specified by the Central Government and whose area of operation is confined to either of the successor States shall devolve on the respective States as specified in sub-section (4).
(4) The public debt of the existing State of Uttar Pradesh attributable to loan taken from any source for the express purpose of re-lending the same to a specific institution and outstanding immediately before the appointed day shall,-
(a) if re-lent to any local body, body corporate or other institution in any local area, be the debt of the State in which the local area is included on the appointed day; or
(b) if re-lent to the Uttar Pradesh Power Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam Limited, the Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited, the Uttar Pradesh State Road Transport Corporation, or the Uttar Pradesh Housing Board or any other institution which becomes an inter-State institution on the appointed day, be divided between the States of Uttar Pradesh and
Uttaranchal in the same proportion in which the assets of such body corporate or institution are divided under the provisions of Part VII.
(5) Where a sinking fund or a depreciation fund is maintained by the existing State of Uttar Pradesh for repayment of any loan raised by it, the securities held in respect of investments made from that fund shall be divided between the successor States of Uttar Pradesh and Uttaranchal in the same proportion in which the total public debt is divided between the two States under this section.
(6) In this section, the expression "Government security" means a security created and issued by a State Government for the purpose of raising a public loan and having any of the forms specified in, or prescribed under, clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944).
### 50. Floating Debt.-
The liability of the State of Uttar Pradesh in respect of any floating loan to provide short-term finance to any commercial undertaking shall be the liability of the State in whose territories the undertaking is located.
### 51. Refund of taxes collected in excess.-
The liability of the existing State of Uttar Pradesh to refund any tax or duty on property, including land revenue, collected in excess shall be the liability of the successor State in whose territories the property is situated, and the liability of the existing State of Uttar Pradesh to refund any other tax or duty collected in excess shall be the liability of the successor State in whose territories the place of assessment of that tax or duty is included.
### 52. Deposits, etc.-
(1) The liability of the existing State of Uttar Pradesh in respect of any civil deposit or local fund deposit shall, as from the appointed day, be the liability of the State in whose area the deposit has been made.
(2) The liability of the existing State of Uttar Pradesh in respect of any charitable or other endowment shall, as from the appointed day, be the liability of the State in whose area the institution entitled to the benefit of the endowment is located or of the State to which the objects of the endowment, under the terms thereof, are confined.
### 53. Provident fund.-
The liability of the existing State of Uttar Pradesh in respect of the provident fund account of a Government servant in service on the appointed day shall, as from that day, be the liability of the State to which that Government servant is permanently allotted.
### 54. Pensions.-
The liability of the existing State of Uttar Pradesh in respect of pensions shall pass to, or be apportioned between, the successor States of Uttar Pradesh and Uttaranchal in accordance with the provisions contained in the Eighth Schedule to this Act.
### 55. Contracts.-
(1) Where, before the appointed day, the existing State of Uttar Pradesh has made any contract in the exercise of its executive power for any purposes of the State, that contract shall be deemed to have been made in the exercise of the executive power-
(a) if the purposes of the contract are, on and from the appointed day, exclusive purposes of either of the successor States of Uttar Pradesh and Uttaranchal; and
(b) in any other case, of the State of Uttar Pradesh,
and all rights and liabilities which have accrued, or may accrue under any such contract shall, to the extent to which they would have been rights or liabilities of the existing State of Uttar Pradesh, be rights or liabilities of the State of Uttaranchal or the State of Uttar Pradesh, as the case may be:
Provided that in any such case as is referred to in clause (b) , the initial allocation of rights and liabilities made by this sub-section shall be subject to such financial adjustment as may be agreed upon between the successor States of Uttar Pradesh and Uttaranchal or in default of such agreement, as the Central Government may, by order, direct.
(2) For the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract-
(a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and
(b) any liability in respect of expenses incurred in or in connection with any such proceedings.
(3) This section shall have effect subject to the other provisions of this Part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligation; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions.
### 56. Liability in respect of actionable wrong.-
Where, immediately before the appointed day, the existing State of Uttar Pradesh is subject to any liability in respect of any actionable wrong other than breach of contract, that liability shall,-
(a) if the cause of action arose wholly within the territories which, as from that day, are the territories of either of the successor States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and
(b) in any other case, be initially a liability of the State of Uttar Pradesh, but subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government may, by order, direct.
### 57. Liability as guarantor.-
Where, immediately before the appointed day, the existing State of Uttar Pradesh is liable as guarantor in respect of any liability of a registered co-operative society or other person, that liability of the existing State of Uttar Pradesh shall,-
(a) if the area of operations of such society or persons is limited to the territories which, as from that day, are the territories of either of the States of Uttar Pradesh or Uttaranchal, be a liability of that successor State; and
(b) in any other case, be initially a liability of the State of Uttar Pradesh, subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreements, as the Central Government may, by order, direct.
### 58. Items in suspense.-
If any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this Part, it shall be dealt with in accordance with that provision.
### 59. Residuary provision.-
The benefit or burden of any asset or liability of the existing State of Uttar Pradesh not dealt with in the foregoing provisions of this Part shall pass to the State of Uttar Pradesh in the first instance, subject to such financial adjustment as may be agreed upon between the States of Uttar Pradesh and Uttaranchal or, in default of such agreement, as the Central Government may, by order, direct.
### 60. Apportionment of assets or liabilities by agreement.-
Where the successor States of Uttar Pradesh and Uttaranchal agree that the benefit or burden of any particular asset or liability should be apportioned between them in a manner other than that provided for in the foregoing provisions of this Part, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon.
### 61. Power of Central Government to order allocation or adjustment in certain cases.-
Where, by virtue of any of the provisions of this Part, any of the successor States of Uttar Pradesh and Uttaranchal becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the Central Government is of opinion, on a reference made within a period of three years from the appointed day by either of the States, that it is just and equitable that property or those benefits should be
transferred to, or shared with, the other successor State, or that a contribution towards that liability should be made by the other successor State, the said property or benefits shall be allocated in such manner between the two States, or the other State shall make to the State subject to the liability such contribution in respect thereof, as the Central Government may, after consultation with the two State Governments, by order, determine.
### 62. Certain expenditure to be charged on Consolidated Fund.-
All sums payable either by the State of Uttar Pradesh or by the State of Uttaranchal to the other States or by the Central Government to either of those States, by virtue of the provisions of this Act, shall be charged on the Consolidated Fund of the State by which such sums are payable or, as the case may be, the Consolidated Fund of India.
Part VII – Provisions as to Certain Corporations
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### 63. Provisions for Power Corporation Limited, etc.-
(1) The following bodies corporate constituted for the existing State of Uttar Pradesh, namely:-
(a) the Uttar Pradesh Power Corporation Limited, the Uttar Pradesh Jal Vidyut Nigam Limited and the Uttar Pradesh Rajya Vidyut Utpadan Nigam Limited;
(b) the Uttar Pradesh Electricity Regulatory Commission; and
(c) the State Warehousing Corporation established under the Warehousing Corporations Act, 1962 (58 of 1962),
shall, on and from the appointed day, continue to function in those areas in respect of which they were functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.
(2) Any directions issued by the Central Government under sub-section (1) in respect of the Power Corporation, Commission or Warehousing Corporation shall include a direction that the Act under which the Power Corporation, Commission or Warehousing Corporation was constituted shall, in its application to that Power Corporation, Commission or Warehousing Corporation, have effect subject to such exceptions and modifications as the Central Government thinks fit.
(3) The Power Corporation, Commission or Warehousing Corporation referred to in sub-section (1) shall cease to function as from, and shall be deemed to be dissolved on such date as the Central Government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor States of Uttar Pradesh and Uttaranchal in such manner as may be agreed upon between them within one year of the dissolution of the Power Corporation, Commission or Warehousing Corporation, as the case may be, or if no agreement is reached, in such manner as the Central Government may, by order, determine:
Provided that any liabilities of any of the said Power Corporations referred to in clause (a) of sub-section (1) relating to the unpaid dues of the coal supplied to the Power Corporation by any public sector coal company shall be provisionally apportioned between the corresponding Power Corporations constituted respectively in the successor States of the existing State of Uttar Pradesh or after the date appointed for the dissolution of the Power Corporation under this sub-section in such manner as may be agreed upon between the Governments of the successor States within one month of such dissolution or if no agreement is reached, in such manner as the Central Government may by order determine subject to reconciliation and finalisation of the liabilities which shall be completed within three months from the date of such dissolution by the mutual agreement between the successor States or failing such agreement by the direction of the Central Government:
Provided further that an interest at the rate of two per cent. higher than the cash credit interest shall be paid on outstanding unpaid dues of the coal supplied to the Electricity Corporation by the public sector
coal company till the liquidation of such dues by the concerned State Power Corporation constituted in the successor States on or after the date appointed for the dissolution of the Power Corporation under this sub-section.
(4) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the State of Uttar Pradesh or, as the case may be, the Government of the State of Uttaranchal from constituting, at any time on or after the appointed day, a State Power Corporation, an Electricity Regulatory Commission or a State Warehousing Corporation for the State under the provisions of this Act relating to such Power Corporation, Commission or Warehousing Corporation; and if such a Power Corporation, Commission or Warehousing Corporation is so constituted in either of the States before the dissolution of the Power Corporation, Commission or Warehousing Corporation referred to in sub-section (1),-
(a) provision may be made by order of the Central Government enabling the new Power Corporation, new Commission or the new Warehousing Corporation to take over from the existing Power Corporation, Commission or Warehousing Corporation all or any of its undertakings, assets, rights and liabilities in that State, and
(b) upon the dissolution of the existing Power Corporation, Commission or Warehousing Corporation,-
(i) any assets, rights and liabilities which would otherwise have passed to that State by or under the provisions of sub-section (3) shall pass to the new Board, new Commission or the new Warehousing Corporation instead of to that State;
(ii) any employee who would otherwise have been transferred to or re-employed by that State under sub-section (3), read with clause (i) of sub-section (5), shall be transferred to or re-employed by the new Power Corporation, new Commission or the new Warehousing Corporation instead of to or by that State.
(5) An agreement entered into between the successor States under sub-section (3) and an order made by the Central Government under that sub-section or under clause (a) of sub-section (4) may provide for the transfer or re-employment of any employee of the Power Corporation, Commission or Warehousing Corporation referred to in sub-section (1),-
(i) to or by the successor States, in the case of an agreement under sub-section (2) or an order made under that sub-section;
(ii) to or by the new Power Corporation, new Commission or the new Warehousing Corporation constituted under sub-section (4), in the case of an order made under clause (a) of that sub-section,
and, subject to the provisions of section 68, also for the terms and conditions of service applicable to such employees after such transfer or re-employment.
### 64. Continuance of arrangements in regard to generation and supply of electric power and supply of water.-
If it appears to the Central Government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in regard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it is, by virtue of the provisions of Part II, outside the State in which the power stations and other installations for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the Central Government may, after consultation with the Government of each successor States wherever necessary, give such directions as it deems proper to the State Government or other authority concerned for the maintenance, so far as practicable, of the previous arrangement.
### 65. Provisions as to Uttar Pradesh State Financial Corporation.-
(1) The Uttar Pradesh State Financial Corporation established under the State Financial Corporations Act, 1951 (63 of 1951) shall, on
and from the appointed day, continue to function in those areas in respect of which it was functioning immediately before that day, subject to the provisions of this section and to such directions as may, from time to time, be issued by the Central Government.
(2) Any directions issued by the Central Government under sub-section (1) in respect of the Corporation may include a direction that the said Act, in its application to the Corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Board of Directors of the Corporation may, with the previous approval of the Central Government and shall, if so required by the Central Government, convene at any time after the appointed day a meeting for the consideration of a scheme for the reconstitution or reorganisation or dissolution, as the case may be, of the Corporation, including proposals regarding the formation of new Corporations, and the transfer thereto of the assets, rights and liabilities of the existing Corporation, and if such a scheme is approved at the general meeting by a resolution passed by a majority of the shareholders present and voting, the scheme shall be submitted to the Central Government for its sanction.
(4) If the scheme is sanctioned by the Central Government either without modifications or with modifications which are approved at a general meeting, the Central Government shall certify the scheme, and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be binding on the Corporations affected by the scheme as well as the shareholders and creditors thereof.
(5) If the scheme is not so approved or sanctioned, the Central Government may refer the scheme to such Judge of the High Court of Uttar Pradesh and Uttaranchal as may be nominated in this behalf by the Chief Justice thereof, and the decision of the Judge in regard to the scheme shall be final and shall be binding on the Corporations affected by the scheme as well as the shareholders and creditors thereof.
(6) Nothing in the preceding provisions of this section shall be construed as preventing the Government of the States of Uttar Pradesh and Uttaranchal from constituting, at any time on or after the appointed day, a State Financial Corporation for that State under the State Financial Corporations Act, 1951 (63 of 1951).
### 66. Provisions as to certain companies.-
(1) Notwithstanding anything contained in the foregoing provisions of this Part, each of the companies specified in the Ninth Schedule to this Act shall, on and from the appointed day and until otherwise provided for in any law, or in any agreement among the successor States, or in any direction issued by the Central Government, continue to function in the areas in which it was functioning immediately before that day; and the Central Government may from time to time issue such directions in relation to such functioning as it may deem fit, notwithstanding anything to the contrary contained in the Companies Act, 1956 (1 of 1956), or in any other law.
(2) Any directions issued under sub-section (1) in respect of a company referred to in that sub-section, may include directions-
(a) regarding the division of the interests and shares of existing State of Uttar Pradesh in the Company among the successor States;
(b) requiring the reconstitution of the Board of Directors of the Company so as to give adequate representation to all the successor States.
### 67. General provision as to statutory Corporations.-
(1) Save as otherwise expressly provided by the foregoing provisions of this Part, where any body corporate constituted under a Central Act, State Act or Provincial Act for the existing State of Uttar Pradesh or any part thereof has, by virtue of the provisions of Part II, become an inter-State body corporate, then, the body corporate shall, on and from the appointed day, continue to function and operate in those areas in respect of which it was functioning and operating
immediately before that day, subject to such directions as may from time to time be issued by the Central Government, until other provision is made by law in respect of the said body corporate.
(2) Any directions issued by the Central Government under sub-section (1) in respect of any such body corporate shall include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect subject to such exceptions and modifications as may be specified in the direction.
### 68. Temporary provisions as to continuance of certain existing road transport permits.-
(1) Notwithstanding anything contained in section 89 of the Motor Vehicles Act, 1988 (59 of 1988), a permit granted by the State Transport Authority of the existing State of Uttar Pradesh or any Regional Transport Authority in that State shall, if such permit was, immediately before the appointed day, valid and effective in any area in the transferred territory, be deemed to continue to be valid and effective in that area after that day subject to the provisions of that Act as for the time being in force in that area; and it shall not be necessary for any such permit to be countersigned by the State Transport Authority of Uttaranchal or any Regional Transport Authority therein for the purpose of validating it for use in such area:
Provided that the Central Government may, after consultation with the successor State Government or Governments concerned add to amend or vary the conditions attached to the permit by the Authority by which the permit was granted.
(2) No tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor States under any such permit, if such vehicle was, immediately before that day, exempt from the payment of any such toll, entrance fees or other charges for its operations in the transferred territory:
Provided that the Central Government may, after consultation with the State Government or Governments concerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be:
Provided further that the provisions of this sub-section shall not be applicable where any such tolls, entrance fees or other charges of a like nature is leviable for the use of any road or bridge which is constructed or developed for commercial purpose by the State Government, an undertaking of the State Government, a joint undertaking in which the State Government is a shareholder or a private sector.
### 69. Special provisions relating to retrenchment compensation in certain cases.-
Where on account of the reorganisation of the existing State of Uttar Pradesh under this Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or in any such co-operative society or undertaking, is transferred to, or re-employed by, any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25F or section 25FF or section 25FFF of the Industrial Disputes Act, 1947 (14 of 1947), such transfer or re-employment shall not entitle him to any compensation under that section:
Provided that-
(a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer or re-employment;
(b) the employer in relation to the body corporate, the co-operative society or the undertaking where the workman transferred or re-employed is, by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25F or section 25FF or
section 25FFF of the Industrial Disputes Act, 1947 (14 of 1947) on the basis that his service has been continuous and has not been interrupted by the transfer or re-employment.
### 70. Special provision as to income-tax.-
Where the assets, rights and liabilities of any body corporate carrying on business are, under the provisions of this Part, transferred to any other bodies corporate which after the transfer carry on the same business, the losses or profits or gains sustained by the body corporate first-mentioned which, but for such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of Chapter VI of the Income-tax Act, 1961 (43 of 1961), shall be apportioned amongst the transferee bodies corporate in accordance with the rules to be made by the Central Government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of Chapter VI of the said Act, as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained.
### 71. Continuance of facilities in certain State institutions.-
(1) The Government of State of Uttar Pradesh or Uttaranchal, as the case may be, shall, in respect of the institutions specified in the Tenth Schedule to this Act, located in that State, continue to provide facilities to the people of the other State which shall not, in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two State Governments before the 1st day of December, 2001 or if no agreement is reached by the said date as may be fixed by order of the Central Government,
(2) The Central Government may, at any time before the 1st day of December, 2001, by notification in the Official Gazette, specify in the Tenth Schedule referred to in sub-section (1) any other institution existing on the appointed day in the States of Uttar Pradesh and Uttaranchal and on the issue of such notification, such Schedule shall be deemed to be amended by the inclusion of the said institution therein.
Part VIII – Provisions as to Services
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### 72. Provisions relating to All-India Services.-
(1) In this section, the expression "State cadre"-
(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian Administrative Service (Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police Service (Cadre) Rules, 1954; and
(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.
(2) In place of the cadres of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Uttar Pradesh, there shall, on and from the appointed day, be two separate cadres, one for the State of Uttar Pradesh and the other for the State of Uttaranchal in respect of each of these services.
(3) The initial strength and composition of the State cadres referred to in sub-section (2) shall be such as the Central Government may, by order, determine before the appointed day.
(4) The members of each of the said services borne on the Uttar Pradesh cadre thereof immediately before the appointed day shall be allocated to the State cadres of the same service constituted under sub-section (2) in such manner and with effect from such date or dates as the Central Government may, by order, specify.
(5) Nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the All-India Services Act, 1951 (61 of 1951), or the rules made thereunder.
### 73. Provisions relating to other services.-
(1) Every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Uttar Pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the State of Uttar Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Uttaranchal :
Provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Governments of the successor States.
(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect.
(3) Every person who is finally allotted under the provisions of sub-section (2) to a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or in default of such agreement, as may be determined by the Central Government.
### 74. Other provisions relating to services.-
(1) Nothing in this section or in section 73 shall be deemed to affect on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State:
Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Uttar Pradesh or to the State of Uttaranchal under section 73 shall not be varied to his disadvantage except with the previous approval of the Central Government.
(2) All services prior to the appointed day rendered by a person,-
(a) if he is deemed to have been allocated to any State under section 73, shall be deemed to have been rendered in connection with the affairs of that State;
(b) if he is deemed to have been allocated to the Union in connection with the administration of the Uttaranchal, shall be deemed to have been rendered in connection with the affairs of the Union,
for the purposes of the rules regulating his conditions of service.
(3) The provisions of section 73, shall not apply in relation to members of any All-India Service.
### 75. Provisions as to continuance of officers in same post.-
(1) Every person who, immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the existing State of Uttar Pradesh in any area which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or any other appropriate authority in that successor State:
Provided that nothing in this section shall be deemed to prevent a competent authority, on and from the appointed day, from passing in relation to such person any order affecting the continuance in such post or office.
### 76. Advisory Committees.-
The Central Government may, by order, establish one or more Advisory Committees for the purpose of assisting it in regard to-
(a) the discharge of any of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this Part and the proper consideration of any representations made by such persons.
### 77. Power of Central Government to give directions.-
The Central Government may give such directions to the State Government of Uttar Pradesh and the State Government of Uttaranchal as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the State Government shall comply with such directions.
### 78. Provisions as to State Public Service Commission.-
(1) The Public Service Commission for the existing State of Uttar Pradesh shall, on and from the appointed day, be the Public Service Commission for the State of Uttar Pradesh.
(2) The persons holding office immediately before the appointed day as the Chairman or other member of the Public Service Commission for the existing State of Uttar Pradesh shall, as from the appointed day, be the Chairman or, as the case may be, the other member of the Public Service Commission for the State of Uttar Pradesh.
(3) Every person who becomes the Chairman or other member of the Public Service Commission for the State of Uttar Pradesh on the appointed day under sub-section (2), shall-
(a) be entitled to receive from the Government of the State of Uttar Pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him;
(b) subject to the proviso to clause (2) of article 316, hold office or continue to hold office until the expiration of his term of office as determined under the provisions applicable to him immediately before the appointed day.
(4) The report of the Uttar Pradesh Public Service Commission as to the work done by the Commission in respect of any period prior to the appointed day shall be presented under clause (2) of article 323 to the Governors of the States of Uttar Pradesh and Uttaranchal, and the Governor of the State of Uttar Pradesh shall, on receipt of such report, cause a copy thereof together with a memorandum explaining as far as possible, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State of Uttar Pradesh and it shall not be necessary to cause such report or any such memorandum to be laid before the Legislative Assembly of the State of Uttaranchal.
Part IX – Management and Development of Water Reources
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### 79. Water Resources Development and its Management.-
(1) Notwithstanding anything contained in this Act but subject to the provisions of section 80, all rights and liabilities of the existing State of Uttar Pradesh in respect of water resource projects in relation to-
(i) Ganga and its tributaries traversing the successor States excluding the Upper Yamuna River up to Okhla; and
(ii) Upper Yumuna River and its tributaries up to Okhla,
shall, on the appointed day, be the rights and liabilities of the successor States in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said States after consultation with the Central Government, or, if no such agreement is entered into within two years of the appointed day, then, the Central Government may, by order, determine within one year having regard to the purposes of the project:
Provided that the order so made by the Central Government may be varied by any subsequent agreement entered into by the successor States after consultation with the Central Government.
(2) An agreement or order referred to in sub-section (1) shall, where an extension or further development of any of the projects referred to in that sub-section after the appointed day is undertaken, be the rights and liabilities of the successor States in relation to such extension or further development.
(3) The rights and liabilities referred to in sub-sections (1) and (2) shall include-
(a) the right to receive and utilise the water available for distribution as a result of the projects; and
(b) the right to receive and utilise the power generated as a result of the projects,
but shall not include the rights and liabilities under any contract entered into before the appointed day by the Government of the existing State of Uttar Pradesh with any person or authority other than Government.
### 80. Constitution and functions of the Ganga Management Board.-
(1) The Central Government shall constitute a Board to be called the Ganga Management Board (hereinafter referred to as the Board) for administration, construction, maintenance and operation of projects referred to in sub-section (1) of section 79 for any or for a combination of the following purposes, namely:-
(i) irrigation;
(ii) rural and urban water supply;
(iii) hydro power generation;
(iv) navigation;
(v) industries; and
(vi) for any other purpose which the Central Government may, by notification in the Official Gazette, specify.
(2) The Board shall consist of-
(a) a whole-time Chairman to be appointed by the Central Government in consultation with the successor States;
(b) two full time members, one from each of the successor States, to be nominated by the respective State Government;
(c) four part-time members, two from each of the successor States, to be nominated by the respective State Government;
(d) two representatives of the Central Government to be nominated by that Government.
(3) The functions of the Board shall include-
(a) the regulation of supply of water from the projects referred to in clause (i) of sub-section (1) of section 79 to the successor States having regard to-
(i) any agreement entered into or arrangement made covering the Government of existing State of Uttar Pradesh and any other State or Union territory, and
(ii) the agreement or the order referred to in sub-section (2) of section 79;
(b) the regulation of supply of power generated at the projects referred to in clause (i) of sub-section (1) of section 79, to any Electricity Board or other authority in-charge of the distribution of power having regard to-
(i) any agreement entered into, or arrangement made covering the Government of the existing State of Uttar Pradesh and any other State or Union territory, and
(ii) the agreement or the order referred to in sub-section (2) of section 79;
(c) the construction of such of the remaining on-going or new works connected with the development of the water resources projects relating to the rivers or their tributaries as the Central Government may specify by notification in the Official Gazette;
(d) such other functions as the Central Government may, after consultation with the successor States entrust to it.
### 81. Staff of the Management Board.-
(1) The Board may employ such staff, as it may consider necessary for the efficient discharge of its functions under this Act. Such staff shall at the first instance, be appointed on deputation from the successor State failing which through any other method:
Provided that every person who, immediately before the constitution of the said Board, was engaged in the construction, maintenance or operation of the works relating to the projects referred to in clause (i) of sub-section (1) of section 79 shall continue to be so employed under the Board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the Central Government, by order, directs otherwise:
Provided further that the said Board may, in consultation with the Government of the successor State or the Electricity Board concerned and with the prior approval of the Central Government, retain any such person for service under that State Government or Board.
(2) The Government of the successor States shall at all times provide the necessary funds to the Board to meet all expenses (including the salaries and allowances of the staff) required for the discharge of its functions and such amounts shall be apportioned between the States concerned in such proportion as the Central Government may, having regard to the benefits to each of the said States specify.
(3) The Board shall be under the control of the Central Government and shall comply with such directions, as may, from time to time, be given to it by that Government.
(4) The Board may delegate such of its powers, functions and duties as it may deem fit to the Chairman of the said Board or to any officer subordinate to the Board.
(5) The Central Government may, for the purpose of enabling the Board to function efficiently, issue such directions to the State Governments concerned, or any other authority, and the State Governments, or the other authority shall comply with such directions.
### 82. Jurisdiction of the Board.-
(1) The Board shall, ordinarily exercise jurisdiction in regard to any of the projects referred to in clause (i) of sub-section (1) of section 79 over headworks (barrages, dams, reservoirs, regulating structures), part of canal network and transmission lines necessary to deliver water or power to the States concerned.
(2) If any question arises as to whether the Board has jurisdiction under sub-section (1) over any project referred thereto, the same shall be referred to the Central Government for decision thereon.
### 83. Power of Board to make regulations.-
The Board may make regulations consistent with the Act and the rules made thereunder, to provide for-
(a) regulating the time and place of meetings of the Board and the procedure to be followed for the transaction of business at such meetings;
(b) delegation of powers and duties of the Chairman or any officer of the Board;
(c) the appointment and regulation of the conditions of service of the officers and other staff of the Board;
(d) any other matter for which regulations are considered necessary by the Board.
### 84. Allocation of the water resources of the River Yamuna.-
(1) The utilisable water resources of the Yamuna River up to Okhla, as allocated, before the appointed day, to the existing State of Uttar Pradesh under the Memorandum of Undertakings, dated the 12th May, 1994 shall be further allocated between the successor States by mutual agreement within a period of two years, failing which, the Central Government shall, by order, determine the allocation of such water resource between the successor States within a further period of one year.
(2) The State of Uttaranchal shall, on the appointed day, be inducted as a member of the Upper Yamuna Board constituted for the implementation of the Memorandum of Undertaking referred to in sub-section (1).
Part X – Legal and Miscellaneous Provisions
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### 85. Amendment of section 15 of Act 37 of 1956.-
On and from the appointed day, in section 15 of the States Reorganisation Act, 1956, in clause (b) , for the words "Uttar Pradesh and Madhya Pradesh", the words "Uttar Pradesh, Uttaranchal and Madhya Pradesh" shall be substituted.
### 86. Territorial extent of laws.-
The provisions of Part II shall not be deemed to have affected any change in the territories to which the Uttar Pradesh Imposition of Ceiling of Land Holding Act, 1961 (U.P. Act 1 of 1961) and any other law in force immediately before the appointed day, extends or applies, and territorial references in any such law to the State of Uttar Pradesh shall, until otherwise provided by a competent Legislature or other competent authority be construed as meaning the territories within the existing State of Uttar Pradesh before the appointed day.
### 87. Power to adapt laws.-
For the purpose of facilitating the application in relation to the State of Uttar Pradesh or Uttaranchal of any law made before the appointed day, the appropriate Government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority.
Explanation.-In this section, the expression "appropriate Government" means as respects any law relating to a matter enumerated in the Union List, the Central Government, and as respects any other law in its application to a State, the State Government.
### 88. Power to construe laws.-
Notwithstanding that no provision or insufficient provision has been made under section 87 for the adaptation of a law made before the appointed day, any court, tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Uttar Pradesh or Uttaranchal, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court, tribunal or authority.
### 89. Power to name authorities, etc., for exercising statutory functions.-
The Government of the State of Uttaranchal, as respects the transferred territory may, by notification in the Official Gazette, specify the authority, officer or person who, on or after the appointed day, shall be competent to exercise such functions exercisable under any law in force on that day as may be mentioned in that notification and such law shall have effect accordingly.
### 90. Legal proceedings.-
Where, immediately before the appointed day, the existing State of Uttar Pradesh is a party to any legal proceedings with respect to any property, rights or liabilities subject to apportionment between the States of Uttar Pradesh and Uttaranchal under this Act, the State of Uttar Pradesh or Uttaranchal which succeeds to, or acquires a share in, that property or those rights or liabilities by virtue of any provision of this Act shall be deemed to be substituted for the existing State of Uttar Pradesh or added as a party to those proceedings, and the proceedings may continue accordingly.
### 91. Transfer of pending proceedings.-
(1) Every proceeding pending immediately before the appointed day before a court (other than High Court), tribunal, authority or officer in any area which on that day falls within the State of Uttar Pradesh shall, if it is a proceeding relating exclusively to the territory, which as from that day are the territories of Uttaranchal State, stand transferred to the corresponding court, tribunal, authority or officer of that State.
(2) If any question arises as to whether any proceeding should stand transferred under sub-section (1) it shall be referred to the High Court at Allahabad and the decision of that High Court shall be final.
(3) In this section-
(a) "proceeding" includes any suit, case or appeal; and
(b) "corresponding court, tribunal, authority or officer" in the State of Uttaranchal means-
(i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have laid if it had been instituted after the appointed day; or
(ii) in case of doubt, such court, tribunal, authority, or officer in that State, as may be determined after the appointed day by the Government of that State or the Central Government, as the case may be, or before the appointed day by the Government of the existing State of Uttar Pradesh to be the corresponding court, tribunal, authority or officer.
### 92. Right of pleaders to practise in certain cases.-
Any person who, immediately before the appointed day, is enrolled as a pleader entitled to practise in any subordinate courts in the existing State of Uttar Pradesh shall, for a period of one year from that day, continue to be entitled to practise in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the State of Uttaranchal.
### 93. Effect of provisions of the Act inconsistent with other laws.-
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.
### 94. Power to remove difficulties.-
(1) If any difficulty arises in giving effect to the provisions of this Act, the President may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the appointed day.
(2) Every order made under this section shall be laid before each House of Parliament.
The First Schedule
(See Section 8)
(i) Of the eleven sitting members whose term of office will expire in 1[25th November, 2002], namely, Shri Narendra Mohan, Shri Raj Nath Singh, Shri Chaudhary Chunni Lal, Shri Devi Prasad Singh, Shri Manohar Kant Dhyani, Shri Amar Singh, Shri Mohammad Azam Khan, Shri R.N. Arya, Shri Gandhi Azad, Shri 1[Akhilesh Das] and Shri 1[Balwant Singh Ramuwalia], Shri Manohar Kant Dhyani shall be deemed to have been elected to fill one seat out of the three seats allocated in the Council of States to the State of Uttaranchal and the other ten sitting members shall be deemed to have been elected to fill ten of the seats allotted to the State of Uttar Pradesh.
(ii) Of the twelve sitting members whose term of office will expire in 1[4th July, 2004, namely, Shri Arun Shourie, Shri 1[Triloki Nath], Shri B.P. Singhal, Shri Dharam Pal Yadav, Shri Deena Nath Mishra, Shri Ram Gopal Yadav, Shri Kanshi Ram, Shri Sangh Priya Gautam, Shri Munavvar Hasan, Shri 1[Khan Gufaran Zahidi], Shri Syed Akhter Hasan Rizvi, Shri Rama Shanker Kaushik, such one as the Chairman of the Council of States may determine by drawing lot shall be deemed to have been elected to fill one of the seats allotted to the State of Uttaranchal and the other eleven sitting members shall be deemed to have been elected to fill eleven of the seats allotted to the State of Uttar Pradesh.
(iii) Of the eleven sitting Members representing the State of Uttar Pradesh whose term of office will expire on 2nd April, 2006, such one as the Chairman of the Council of States may determine by drawing lot shall be deemed to have been elected to fill one of the seats allotted to the State of Uttaranchal.
The Second Schedule
(See section 10)
Amendments to the Delimitation of Parliamentary and Assembly Constituencies
Order, 1976
In the Delimitation of Parliamentary and Assembly Constituency Order, 1976,-
### 1. In Schedule XXII,- (i) in PART A-Parliamentary Constituencies,-
(a) serial numbers 1, 2, 3, 4 and 85 and entries relating thereto shall be omitted;
(b) in serial number 12 at the end, the following figures and word shall be inserted, namely:-
"56-Baheri";
(c) in serial number 82 at the end, the following figures and word shall be inserted, namely:-
"416-Deoband";
(d) in serial number 84 at the end, the following figures, brackets and letters shall be inserted, namely:-
"415-Nagal (SC) ";
(ii) in PART B--Assembly Constituencies, serial numbers 1 to 16 (both inclusive) and 420 to 425 (both inclusive) and the entries relating thereto shall be omitted.
### 2. After Schedule XXII, the following shall be inserted, namely:- "Schedule XXIIA
Uttaranchal
Part A – .
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Parliamentary Constituencies
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**Serial No.,**
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**Name and extent in terms of assembly Constituencies**
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1.
|
Tehri Garhwal.-1-Uttar Kashi (SC) , 2-Tehri, 3-Deoprayag, 4-Mussoorie and 5-Chakrata (ST).
|
|
2.
|
Garhwal.-6-Lansdowne, 7-Pauri, 8-Karanprayag, 9-Badri-Kedar and 10-Dehra Dun.
|
|
3.
|
Almora.-11-Didihat, 12-Pithoragarh, 13-Almora, 14-Bageshwar (SC) and 15-Ranikhet.
|
|
4.
|
Naini Tal.-16-Naini Tal, 17-Khatima (SC) , 18-Haldwani and 19-Kashipur.
|
|
5.
|
Hardwar (SC) .-20-Roorkee, 21-Lhaksar and 22-Hardwar.".
|
Part B – .
------------
Assembly Constituency
| | |
| --- | --- |
|
**Serial No.,**
|
**Name and extent of Constituency**
|
|
1.
|
The detailed
particulars regarding the name and extent of the Constituencies in each
of the districts in the State of Uttaranchal shall be as delimited by
the Election Commission.".
|
The Third Schedule
(See Section 19)
Modification in the Delimitation of Council Constituencies
(Uttar Pradesh) Order, 1951
For the table appended to the Delimitation of Council Constituencies (Uttar Pradesh) Order, 1951, the following table shall be substituted, namely:-
"Table
| | | |
| --- | --- | --- |
|
**Name of Constituency**
|
**Extent of Constituency**
|
**Number of Seats**
|
|
**1**
|
**2**
|
**3**
|
|
**Graduates Constituencies**
|
|
1. Bareilly-Moradabad Division Graduates
|
Bareilly, Pilibhit, Shahjahanpur,1[Budaun], Rampur, Moradabad, Jyotibaphule Nagar and Bijnor districts
|
1
|
|
2. Lucknow Division Graduates
|
Lucknow, Hardoi, Kheri, Sitapur, Barabanki, Rae Bareli and Pratapgarh districts.
|
1
|
|
3. Gorakhpur-Faizabad Division Graduates
|
Bahraich,
Shravasti, Gonda, Balrampur, Basti, Siddharthnagar, Santkabir Nagar,
Gorakhpur, Maharajganj, Deoria, Kushinagar, Azamgarh, Mau, Sultanpur,
Faizabad and Ambedkarnagar districts.
|
1
|
|
4. Varanasi Division Graduates
|
Ballia, 1[Ghazipur], Jaunpur, Varanasi, Chandauli, Sant Ravidas Nagar, Mirzapur and Sonbhadra districts.
|
1
|
|
5. Allahabad-Jhansi Division Graduates
|
Allahabad, Kaushambi, Fatehpur, Banda, Chitrakot, Hamirpur, Mahoba, Jalaun, Jhansi and Lalitpur districts.
|
1
|
|
6. Kanpur Graduates
|
Kanpur Nagar and Kanpur Dehat and Unnao Districts.
|
1
|
|
7. Agra Division Graduates
|
Agra, Firozabad, Mathura, Aligarh, Hathras, Etah, Mainpuri, Etawah, Kannauj, Auraiya and Farrukhabad districts.
|
1
|
|
8. Meerut Division Graduates
|
Bulandshahar, Ghaziabad, Gautambuddhnagar, Meerut1[Baghpat], Muzaffarnagar and Saharanpur districts.
|
1
|
|
**Teachers' Constituencies**
|
|
1. Bareilly-Mordabad Division Teachers
|
Bareilly, Pilibhit, Shahjahanpur,1[Budaun], Rampur, Mordabad, Jyotibaphule Nagar, and Bijnor districts.
|
1
|
|
2. Lucknow Division Teachers
|
Lucknow, Hardoi, Kheri, Sitapur, Barabanki, Rae Bareli and Pratapgarh districts.
|
1
|
|
3. Gorakhpur-Faizabad Division Teachers
|
Bahraich,
Shravasti, Gonda, Balrampur, Basti, Siddarthnagar, Santkabir Nagar,
Gorakhpur, Maharajganj, Deoria, Kushinagar, Azamgarh, Mau, Sultanpur,
Faizabad and Ambedkarnagar districts.
|
1
|
|
4. Varanasi Division Teachers
|
Ballia, 1[Ghazipur], Jaunpur, Varanasi, Chandauli, Sant Ravidas Nagar, Mirzapur and Sonbhadra districts.
|
1
|
|
5. Allahabad-Jhansi Division Teachers
|
Allahabad, Kaushambi, Fathepur, Banda, Chitrakoot, Hamirpur, Mahoba, Jalaun, Jhansi and Lalitpur districts.
|
1
|
|
6. Kanpur Teachers
|
Kanpur Nagar and Kanpur Dehat and Unnao districts.
|
1
|
|
7. Agra Division Teachers
|
Agra, Firozabad, Mathura, Aligarh, Hathras, Etah, Mainpuri, Etawah, Kannauj, Auraiya and Farrukhabad districts.
|
1
|
|
8. Meerut Division Teachers
|
Bulandshahar, Ghaziabad, Gautambuddhnagar, 1[Baghpat], Meerut, Muzaffarnagar and Saharanpur districts.
|
1
|
|
**Local Authorities' Constituencies**
|
|
1. Mordabad-Bijnor Local Authorities
|
Mordabad, Jyotibaphule Nagar, and Bijnor districts.
|
1
|
|
2. Rampur-Bareilly Local Authorities
|
Rampur and Bareilly districts
|
1
|
|
3. 1[Budaun] Local Authorities
|
1[Budaun] district.
|
1
|
|
4. Pilibhit Shahjahanpur Local Authorities
|
Pilibhit and Shahjahanpur districts.
|
1
|
|
5. Hardoi Local Authorities
|
Hardoi district.
|
1
|
|
6. Kheri Local Authorities
|
Kheri district.
|
1
|
|
7. Sitapur Local Authorities
|
Sitapur district.
|
1
|
|
8. Lucknow-Unnao Local Authorities
|
Lucknow and Unnao districts.
|
1
|
|
9. Rae Bareli Local Authorities
|
Rae Bareli district.
|
1
|
|
10. Pratapgarh Local Authorities
|
Pratapgarh district.
|
1
|
|
11. Sultanpur Local Authorities
|
Sultanpur district
|
1
|
|
12. Barabanki Local Authorities
|
Barabanki district.
|
1
|
|
13. Bahraich Local Authorities
|
Bahraich and Shravasti districts.
|
1
|
|
14. Gonda Local Authorities
|
1[Gonda and Balrampur istricts].
|
1
|
|
15. Faizabad Local authorities
|
Faizabad and Ambedkarnagar districts.
|
1
|
|
16. Basti-Siddharth Nagar Local Authorities
|
Basti, Santkabir Nagar and Siddharthnagar districts.
|
1
|
|
17. Gorakhpur-Mahrajganj Local Authorities
|
Gorakhpur and Mahrajganj districts.
|
1
|
|
18. Deoria Local Authorities
|
Deoria and Kushinagar districts.
|
1
|
|
19. Azamgarh-Mau Local Authorities
|
Azamgarh and Mau districts.
|
1
|
|
20. Ballia Local Authorities
|
Ballia district.
|
1
|
|
21. Ghazipur Local Authorities
|
Ghazipur district.
|
1
|
|
22. Jaunpur Local Authorities
|
Jaunpur district.
|
1
|
|
23. Varanasi Local Authorities
|
Varanasi, Chandauli and Sant Ravidasnagar districts.
|
1
|
|
24. Mirzapur-Sonbhadra Local Authorities
|
Mirzapur and Sonbhadra districts.
|
1
|
|
25. Allahabad Local Authorities
|
Allahabad and Kaushambi districts.
|
1
|
|
26. Banda-Hamirpur Local Authorities
|
Banda, Chitrakoot, Hamirpur and Mahoba districts.
|
1
|
|
27. Jhansi-Jalaun-Lulitpur Local Authorities
|
Jalaun, Jhansi and Lalitpur districts.
|
1
|
|
28. Kanpur-Fatehpur Local Authorities
|
Kanpur Nagar and Kanpur Dehat and Fatehpur districts.
|
1
|
|
29. Etawah-Farrukhabad Local Authorities
|
Etawah, Farrukhabad, Kannauj and Auraiya districts.
|
1
|
|
30. Agra-Firozabad Local Authorities
|
Agra and Firozabad districts.
|
1
|
|
31. Mathura-Etah-Mainpuri Local Authorities
|
Mathura, Etah and Mainpuri districts.
|
2
|
|
32. Aligarh Local Authorities
|
Aligarh and Hathras districts.
|
1
|
|
33. Bulandshahar Local Authorities
|
Bulandshahar and Gautambuddhnagar districts.
|
1
|
|
34. Meerut-Ghaziabad Local Authorities
|
Meerut, Bagpat and Ghaziabad districts.
|
1
|
|
35. Muzaffarnagar-Saharanpur Local Authorities
|
Muzaffarnagar and Saharanpur districts.
|
1".
|
The Fourth Schedule
(See Section 20)
List of members of the Legislative Council of Uttar Pradesh who shall cease to be such members on the appointed day and deemed to be the members of the Provisional Legislative Assembly:-
### 1. Shri Nitya Nand Swami. ###
2. Dr. (Smt.) Indira Hridayesh.
### 3. Shri Narayan Singh Rana. ###
4. Shri Tirath Singh Rawat.
### 1. [5. Shri Prakash Pant].
### 2. \* \* \* \* \*
### 7. Smt. Nirupama Gaur. ###
1.
[8. Shri Bhagat Singh Koshyari].
### 1. [9. Shri Islam Singh].
The Fifth Schedule
(See Section 24)
Amendment of the Constitution (Scheduled Castes) Order, 1950
In the Constitution (Scheduled Castes) Order, 1950,-
(a) in paragraph 2, for the figures "XXIII" , the figures "XXIV" shall be substituted;
(b) in the Schedule, after Part XXIII, the following shall be inserted, namely:-
"PART XXIV-Uttaranchal
### 1. Agariya ###
2. Badhik
### 3. Badi ###
4. Baheliya
### 5. Baiga ###
6. Baiswar
### 7. Bajaniya ###
8. Bajgi
### 1. [9. Balahar]
### 10. Balai ###
11. Balmiki
### 12. Bangali ###
13. Banmanus
### 14. Bansphor ###
15. Barwar
### 16. Basor ###
17. Bawariya
### 18. Beldar ###
19. Beriya
### 20. Bhantu ###
21. Bhuiya
### 22. Bhuyiar ###
23. Boria
### 24. Chamar, Dhusia, Jhusia, Jatava ###
25. Chero
### 26. Dabgar ###
27. Dhangar
### 28. Dhanuk ###
29. Dharkar
### 30. Dhobi ###
31. Dom
### 32. Domar ###
33. Dusadh
### 1. [34. Gharami]
### 1. [35. Ghasiya]
### 36. Gond ###
1.
[37. Gual]
### 38. Habura ###
39. Hari
### 40. Hela ###
41. Kalabaz
### 42. Kanjar ###
43. Kapariya
### 44. Karwal ###
1.
[45. Khairaha]
### 1. [46. Kharwar (excluding Benbansi)]
### 47. Khatik ###
1.
[48. Khorot]
### 49. Kol ###
50. Kori
### 51. Korwa ###
52. Lalbegi
### 53. Majhwar ###
54. Mazhabi
### 55. Musahar ###
56. Nat
### 57. Pankha ###
58. Parahiya
### 59. Pasi, Tarmali ###
60. Patari
### 1. [61. Saharya]
### 62. Sanaurhiya ###
63. Sansiya
### 64. Shilpkar ###
65. Turaiha.".
THE SIXTH SCHEDULE
(See section 25)
AMENDMENTS TO THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950
In the Constitution (Scheduled Tribes) Order, 1950,—
(1) in paragraph 2, for the figures “XX”, the figures “XXI” shall be substituted;
(2) in the Schedule, after Part XX, the following Part shall be inserted, namely:—
“PART XXI.—Uttaranchal
### 1. Bhotia. ###
2. Buksa.
### 3. Jannsari. ###
4. Raji.
### 5. Tharu.”. The Seventh Schedule
(See Section 47)
List of Funds
### 1. Depreciation Reserve Fund--Irrigation. ###
2. Depreciation Reserve Fund--Government Press.
### 3. Depreciation Reserve Fund--Precision Instrument Factory. ###
4. Rural Development Fund.
### 5. Famine Relief Fund. ###
6. Sugar Research and Labour Housing Management Fund.
### 7. Zamindari Abolition Fund. ###
8. U. P. Road Fund.
### 9. Hospital Fund. ###
10. Teachers Gratuity Fund.
### 11. State Bridge Fund. ###
12. General Insurance Fund.
### 13. Nazul Fund. ###
14. State Co-operative Development Fund.
### 15. Agriculture Credit Relief and Security Fund. ###
16. Farmer Relief Fund.
### 17. Depreciation Reserve Fund-Power. ###
18. Contingency Reserve Fund-Power.
### 19. Sugar Factory Rehabilitation, Modernisation and Establishment Fund. ###
20. Cane Research and Development Fund.
### 21. Consolidated Reduction on Debt Fund for State Development Loan and Zamindari Abolition and Compensation Bond. ###
22. Police House Building Fund.
### 23. Fourth Class House Building Fund. ###
24. Government Servant Housing Fund.
### 25. Balanced Area Development Fund. ###
26. U.P. Youth Welfare Fund.
### 27. U.P. Student Welfare Fund. ###
28. Language Fund.
### 29. Police Welfare Fund. ###
30. Acharya Narendra Deo Fund.
### 31. Calamity Relief Fund. ###
32. Purvanchal Development Fund.
### 33. Bundelkhand Development Fund. ###
34. Loan Assistance Fund for payment of Cane Prices.
### 35. Relief for Productivity Research and Modernisation of Sick Industrial Units. ###
36. Secretariat Fund.
### 37. Vidhayak Nidhi. The Eighth Schedule
(See Section 54)
Apportionment of Liability in Respect of Pensions
### 1. Subject to the adjustments mentioned in paragraph 3, each of the successor States shall, in respect of pensions granted before the appointed day by the existing State of Uttar Pradesh, pay the pensions drawn in its treasuries. ###
2. Subject to the said adjustments, the liability in respect of pensions of officers serving in connection with the affairs of the existing State of Uttar Pradesh who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensions are outstanding immediately before that day, shall be the liability of the State of Uttar Pradesh.
### 3. There shall be computed, in respect of the period commencing on the appointed day and ending on such date after the appointed day, as may be fixed by the Central Government and in respect of each subsequent financial year, the total payments made in all the successor States in respect of pensions referred to in paragraphs 1 and 2. The total representing the liability of the existing State of Uttar Pradesh in respect of pensions shall be apportioned between the successor States in the population ratio and any successor State paying the State paying more than its due share shall be reimbursed the excess amount by the successor State or State paying less. ###
4. The liability of the existing State of Uttar Pradesh in respect of pensions granted before the appointed day and drawn in any area outside the territories of the existing State shall be the liability of the State of Uttar Pradesh subject to adjustments to be made in accordance with paragraph 3 as if such pensions had been drawn in any treasury in the State of Uttar Pradesh under paragraph 1.
### 5. (1) The liability in respect of the pension of any officer serving immediately before the appointed day in connection with the affairs of the existing State of Uttar Pradesh and retiring on or after that day, shall be that of the successor State granting him the pension; but the portion of the pension attributable to the service of any such officer before the appointed day in connection with the affairs of the existing State of Uttar Pradesh shall be allocated between the successor States in the population ratio, and the Government granting the pension shall be entitled to receive from each of the other successor States its share of this liability.
(2) If any such officer was serving after the appointed day in connection with the affairs of more than one successor State other than the one granting the pension shall reimburse to the Government by which the pension is granted an amount which bears to the portion of the pension attributable to his service after the appointed day the same ratio as the period of his qualifying service after the appointed day under the reimbursing State bears to the total qualifying service of such officer after the appointed day reckoned for the purposes of pension.
### 6. Any reference in this Schedule to a pension shall be construed as including a reference to the commuted value of the pension. The Ninth Schedule
(See Section 66)
List of Government Companies
| | | |
| --- | --- | --- |
|
**S. No.**
|
**Name of Government Company**
|
**Address**
|
|
1.
|
Uttar Pradesh Bhumi Sudhar Nigam Ltd.
|
Bhumitra Bhawan, 19-B,Vibhuti Khand, Gomati Nagar, Lucknow.
|
|
2.
|
Uttar Pradesh Agro Industrial Corporation Ltd.
|
22, Vidhan Sabha Marg, Lucknow.
|
|
3.
|
Uttar Pradesh Alpasankhyak Vittiya Nigam Ltd.
|
7th Floor, Jawahar Bhawan, Lucknow.
|
|
4.
|
Uttar Pradesh Electronic Corporation Ltd.
|
Nav Chetna Kendra, Ashok Marg, Lucknow.
|
|
5.
|
Uttar Pradesh Jal Vidyut Nigam Ltd.
|
12th Floor, Vikas Deep, Station Road, Lucknow.
|
|
6.
|
Uttar Pradesh Rajya Vidyut Utpadan Nigam Ltd.
|
4-B, Gokhle Marg, Lucknow.
|
|
7.
|
Uttar Pradesh Leather Development and Marketing Corporation Ltd.
|
16/58- A, Sadar Bhati Road, Agra.
|
|
8.
|
Uttar Pradesh Export Corporation Ltd.
|
2, Rana Pratap Marg, Lucknow.
|
|
9.
|
Uttar Pradesh State Food and Essential Commodities Corporation Ltd.
|
17, Gokhle Marg, Lucknow.
|
|
10.
|
Uttar Pradesh Small Industries Corporation Ltd.
|
110, Industrial Estate, Fazalganj, Kanpur.
|
|
11.
|
Uttar Pradesh State Handloom Corporation Ltd.
|
Hathkargha Bhawan, G.T. Road, Kanpur.
|
|
12.
|
Uttar Pradesh Police Awas Nigam Ltd.
|
A-81, Vijay Khand-II, Gomati Nagar, Lucknow.
|
|
13.
|
Provincial Industrial Investment Corporation of Uttar Pradesh (PICUP) Ltd.
|
PICUP Bhawan, Gomati Nagar, Lucknow.
|
|
14.
|
The Indian Turpentine and Rosin Company Ltd.
|
Culucttarbuckganj, Bareilly.
|
|
15.
|
Uttar Pradesh State Cement Corporation Ltd.
|
Churk, Sonbhadra.
|
|
16.
|
Uttar Pradesh State Mineral Development Corporation Ltd.
|
Kapurthal Complex, Aliganj, Lucknow.
|
|
17.
|
Uttar Pradesh State Taxtile Corporation Ltd.
|
Vastra Bhawan, Sharda Nagar, Kanpur.
|
|
18.
|
Uttar Pradesh State Industrial Development Corporation Ltd.
|
A- 1/4, Lakhanpur, P.O. Box No.1150, Kanpur.
|
|
19.
|
Uttar Pradesh Project and Tubewells Corporation Ltd.
|
Left Bank, Gomati Bairaj, Gomati Nagar, Lucknow.
|
|
20.
|
Uttar Pradesh Mahila Kalyan Nigam Ltd.
|
B-2/5, Vikas Khand, Gomati Nagar, Lucknow.
|
|
21.
|
Uttar Pradesh Matsya Vikas Nigam Ltd.
|
4/13-14, Vivek Khand, Gomati Nagar, Lucknow.
|
|
22.
|
Uttar Pradesh Panchayati Raj Vitta Nigam Ltd.
|
C-232, Niralanagar, Lucknow.
|
|
23.
|
Uttar Pradesh Pashudhan Udyog Nigam Ltd.
|
Central Dairy Farm, Aligarh.
|
|
24.
|
Uttar Pradesh Pichhara Varg Vitta Evam Vikas Nigam Ltd.
|
PCF Building, 4th Floor, Station Road, Lucknow.
|
|
25.
|
Uttar Pradesh Poultry and Livestock Specialities Ltd.
|
Campus Animal Husbandry, Badshahbagh, Lucknow.
|
|
26.
|
Uttar Pradesh Development Systems Corporation Ltd.
|
9, Sarojini Naidu Marg, Lucknow.
|
|
27.
|
Uttar Pradesh State Bridge Corporation Ltd.
|
16, Madan Mohan Malviya Marg, Lucknow.
|
|
28.
|
Uttar Pradesh Rajkiya Nirman Nigam Ltd.
|
Vishveshwaraiya Bhawan, Gomati Nagar, Lucknow.
|
|
29.
|
Uttar Pradesh Anusuchit Jati/Janjati Vikas Nigam Ltd.
|
B-912, Sector C. Mahanagar, Lucknow.
|
|
30.
|
Uttar Pradesh Samaj Kalyan Nirman Nigam Ltd.
|
Lekhraj Market, Indira Nagar, Lucknow.
|
|
31.
|
Uttar Pradesh Bhootpurva Sainik Kalyan Nigam Ltd.
|
54-X, Jopling Road, Lucknow.
|
|
32.
|
Uttar Pradesh (Madhya) Ganna Beej Vikas Nigam Ltd.
|
New Berry Road, Near Deputy Cane Commissioner's Office, Lucknow.
|
|
33.
|
Uttar Pradesh (Paschim) Ganna Beej Vikas Nigam Ltd.
|
Circular Road, Near Ganna Kisan Sansthan, Muzaffarnagar.
|
|
34.
|
Uttar Pradesh (Poorva) Ganna Beej Vikas Nigam Ltd.
|
HIG-VI, Acharya Ram Chandra Shukla Nagar, Deoria.
|
|
35.
|
Uttar Pradesh (Rohilkhand Terai) Ganna Beej Vikas Nigam Ltd.
|
26-27, B.D.A. Colony, Shahamatganj, Barielly.
|
|
36.
|
Uttar Pradesh State Sugar Corporation Ltd.
|
Vipin Khand, Near Taj Hotel, Gomati Nagar, Lucknow.
|
|
37.
|
Uttar Pradesh Tourism Corporation Ltd.
|
Chitrahar-3, Nawal Kishore Road, Lucknow.
|
|
38.
|
Garhwal Mandal Vikas Nigam Ltd.
|
74, Rajpur Road, Dehradun.
|
|
39.
|
Kumaon Mandal Vikas Nigam Ltd.
|
Oak Park House, Malli Tal, Nainital.
|
|
40.
|
Uttar Pradesh Hill Electronics Corporation Ltd.
|
B-2/140, Vishal Khand Gomati Nagar, Lucknow.
|
|
41.
|
Uttar Pradesh Waqf Vikas Nigam Ltd.
|
First Floor, 118, Jawahar Bhawan, Lucknow.
|
|
42.
|
Uttar Pradesh Seed and Tarai Development Corporation Ltd.
|
Haldi, Pantnagar, Udhamsinghnagar.
|
|
43.
|
Kumaon Anusuchit Janjati Vikas Nigam Ltd.
|
Raj Mahal Hotel Campus, Malli Tal, Nainital.
|
|
44.
|
Garhwal Anusuchit Janjati Vikas Nigam Ltd.
|
74, Rajpur Road, Dehradun
|
The Tenth Schedule
(See Section 71)
Continuance of Facilities in Certain State Institutions
List of Training Institutions/Centres
### 1. Uttar Pradesh Academy of Administration, Nainital ###
2. Uttar Pradesh State Observatory, Nainital
### 3. Institute of Management Development Uttar Pradesh, Lucknow ###
4. Judicial Training and Research Institute, Lucknow
### 5. Dr. B. R. Ambedkar Police Academy, Moradabad ###
6. Police Training College-II, Moradabad
### 7. Police Training College-Ill, Gorakhpur ###
8. Armed Training Centre, Sitapur
### 9. Police Training College, Moradabad ###
10. Police Training College, Gorakhpur
### 11. Recruit Training Centre, Chunar, Mirzapur ###
12. Police Training College, Unnao
### 13. Sampurnanand Prison Training Institute, Lucknow ###
14. Secretariat Training and Management Institute, Lucknow
### 15. Raja Todarmal Survey and Land Records Institute, Hardoi ###
16. Land Consolidation Training College, Ayodhya, Faizabad
### 17. State Engineers' Training Institute, Kalagarh ###
18. U. P. Water and Land Management Institute, Lucknow
### 19. Institute of Financial Management Training and Research, Lucknow ###
20. Cooperative and Panchayat Audit Training Centre, Ayodhya, Faizabad
### 21. Local Funds Accounts and Audit Training Institute, Allahabad ###
22. Trade Tax Officers' Training Institute, Lucknow
### 23. State Electricity Board Training Institute, Dehradun ###
24. U.P. State Electricity Board Staff College, Dehradun
### 25. Thermal Power Training Institute, UPSEB, Obra, Sonbhadra ###
26. Central Civil Defence Training Institute, Lucknow
### 27. Deen Dayal Upadhyay State Institute of Rural Development, Bakshi Ka Talab, Lucknow ###
28. Minor Irrigation Management and Water Management Training Institute, Bakshi Ka Talab, Lucknow
### 29. Smt, Indira Gandhi Cooperative Institute, Lucknow ###
30. Cooperative Training College, Dehradun
### 31. Agriculture Cooperative Staff Training Institute, Lucknow ###
32. Institute of Cooperative, Corporate Management Research and Training, Indira Nagar, Lucknow
### 33. U. P. Cane Development Institute, Lucknow ###
34. Uttar Pradesh State Transport Corporation Training Institute, Kanpur
### 35. Uttar Pradesh State Education Research and Training Board, Allahabad ###
36. Scheduled Castes and Scheduled Tribes Research and Training Institute, Lucknow
### 37. Hotel Management and Catering Institute, Dehradun ###
38. Research, Development and Training Institute, Kanpur
### 39. Uttar Pradesh Excise Training Institute, Rae Bareili ###
40. Central Workers Education Board, Kanpur
### 41. State Institute of Health and Family Welfare, Indira Nagar, Lucknow ###
42. Office of the Inspector of Officers, U.P. Allahabad
### 43. State Planning Institute, Training Division, Kalakankar House, Old Hyderabad, Lucknow ###
44. Institute of Entrepreneurship Development, Lucknow
### 45. Hotel Management and Catering Institute, Almora ###
46. Moti Lal Nehru Regional Engineering College, Allahabad
### 47. State Architecture College, Lucknow ###
48. Central Textile Institute, Kanpur
### 49. Institute of Engineering and Rural Technology, Allahabad ###
50. Northern Regional Institute of Printing Technology, Allahabad
### 51. Khadi and Gramodyog Board, 8, Tilak Marg, Lucknow ###
52. Dr. Ambedkar Institute of Technology for Handicapped, Kanpur
### 53. Government Leather Institute, Agra ###
54. Government Leather Institute, Kanpur
### 55. Joint Entrance Examination Council, Lucknow ###
1.
[56. King George Medical Colleges, Lucknow.
### 57. Ganesh Shankar Vidyarthi Medical College, Kanpur. ###
58. Motilal Nehru Medical College, Allahabad.
### 59. Rani Laxmibai Medical College, Jhansi. ###
60. Baba Raghav Das Medical College, Gorakpur.
### 61. Sarojini Naidu Medical College, Agra. ###
62. Lala Lajpat Rai Memorial Medical College, Meerut.
### 63. Ayurvedic College, Lucknow. ###
64. Rishikul Ayurvedic College, Haridwar.
### 65. Lalithari Ayurvedic College, Pilibhit. ###
66. Gurukul Kangadi Ayurvedic College, Haridwar.
### 67. Bundelkhand Ayurvedic College, Jhansi. ###
68. Ayurvedic College, Atarra, Banda.
### 69. Sahu Ramnarayan Murti Manohar Ayurvedic College, Bareilly. ###
70. Swami Kalyandev Ayurvedic College, Rampur, Muzaffarnagar.
### 71. Lal Bahadur Shastri Ayurvedic College, Handia, Allahabad. ###
72. Rajkiya Ayurvedic College, Varanasi.
### 73. Unani Medical College, Allahabad. ###
74. Takmil Uttib College, Lucknow.
### 75. National Homeopathic College, Lucknow. ###
76. Lal Bahadur Shastri Homeopathic College, Allahabad.
### 77. Kanpur Homeopathic College, Kanpur. ###
78. Dr. V. K. Homeopathic College, Faizabad.
### 79. Mohan Homeopathic College, Lucknow. ###
80. Shri Durgaji Homeopathic College, Chandeshwar, Azamgarh.
### 81. T.D. Homeopathic College, Jaunpur. ###
82. Ghazipur Homeopathic College, Ghazipur.
### 83. Rajkiya Homeopathic Medical College, Nagina, Bijnor. ###
84. Rajkiya K.G.K Homeopathic Medical College, Moradabad.
### 85. Uttar Pradesh State Seed Certification Agency, Lucknow. ###
86. State Institute of management of Agriculture, Rehmankhera, Lucknow.]
### 1. [87. Lekhpal Prashikshan Sansthan, Sheesh Mahal, Lucknow.]
|
65b9b4eeab84c7eca86e9ab2 | acts |
State of Rajasthan - Act
--------------------------
The Jaipur Development Authority Act, 1982
--------------------------------------------
RAJASTHAN
India
The Jaipur Development Authority Act, 1982
============================================
Act 25 of 1982
----------------
* Published on 7 April 2007
* Commenced on 7 April 2007
The Jaipur Development Authority Act, 1982
Act
No. 25 of 1982
Statement of Objects and Reasons. - The Jaipur City and areas contiguous to it were being progressively developed and populated and necessity was being increasingly felt for forming these areas into Jaipur Region and for setting up of an Authority for the purpose of planning, coordinating and supervising the proper, orderly and rapid development of these areas, in which several Government Departments, Local Authorities & other Organisations were engaged. It was considered expedient to establish a Jaipur Development Authority and to enable it either itself or through other authority to formulate and execute plans, projects community facilities, civic amenities and other infrastructure were properly, created for the population of Jaipur Region in the perspective of 2001 A.D. and thereafter including the intermediate stages. As the Rajasthan Legislative Assembly was not in session and the matter was urgent, the Governor of Rajasthan promulgated the Jaipur Development Authority Ordinance, 1982 on the 14th day of July, 1982.
This Bill seeks to replace the said Ordinance.
[Received the assent of the President on the 12th day of October 1982].
An Act for forming Jaipur City and certain contiguous areas into a Jaipur Region, to provide for the establishment of an Authority for the purpose of planning, co-ordinating and supervising the proper, orderly and rapid development of the Jaipur Region and of executing plans, projects and schemes for such development and to provide for matters connected therewith.
Whereas Jaipur City and areas contiguous to it are being progressively developed and populated, and the necessity is being increasingly felt for forming these areas into Jaipur Region and for setting up of an Authority for the purpose of planning, coordinating and supervising the proper, orderly and rapid development of these areas, in which several Government departments, local authorities and other organisations are at present engaged within their own jurisdictions; to provide also that such Authority be enabled either itself or through other authority to formulate and execute plans, projects and schemes for the development of Jaipur Region so that housing, community facilities, civic amenities and other infrastructure are properly created for the population of Jaipur Region in the perspective of 2001 A.D. or thereafter including the intermediate stages; and to provide for matters connected with the purposes aforesaid.
Be it enacted by the Rajasthan State Legislature in the Thirty-third Year of the Republic of India, as follows:-
Chapter-I Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the Jaipur Development Authority Act, 1982.
(2) It shall extend to Jaipur Region Area.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(1) "agriculture" includes horticulture, fruit growing, seed growing, dairy farming, gardening, forestry, livestock breeding, or the use of land as a nursery, grazing land, or any other use of land which is ancillary to its cultivation or other agricultural purposes and the word "Agricultural" shall be construed accordingly;
(2) "amenities" includes roads, bridges, any other means of communication, transport, streets, open spaces, parks, recreational grounds, play grounds, water, gas and electric supply, and source of energy, street lighting, sewerage, drainage, conservancy, public works and such other utilities, services and conveniences as the State Government in consultation with the Authority may, by notification in the Official Gazette, specify to be an amenity for the purpose of this Act;
(3) "Authority" means the Jaipur Development Authority constituted under section 3;
(4) "building operations" includes rebuilding operations, structural alterations of or additions to buildings and other operations undertaken in connection with the construction of buildings;
(5) "development" with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, or over, or under any land (including land under river, lake or any other water) or the making of any material change in any building or land or in the use of any building or land, and includes re-development and lay-out, and sub-division of any land and also the provision of amenities and projects and schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities, and 'to develop' shall be construed accordingly;
(6) "development area" means the area declared as such under sub- section (1) of section 29 and in which development is proposed to be undertaken within a reasonable period through schemes, projects or otherwise;
(7) "Government" means Government of the State of Rajasthan;
(8) "Jaipur Region" means the areas in the limits of the city, towns, and villages specified in Schedule-I. The State Government may, from time to time, in the notification published in the Official Gazette, amend that Schedule by adding thereto or deleting therefrom any area specified in such notification; and thereupon the modified areas all be the Jaipur Region;
(9) "Land" includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(10) "Local authority" means a Municipality or a Panchayat;
(11) "Municipality" means a Municipality established under the Rajasthan Municipalities Act, 1959 (Rajasthan Act 38 of 1959) in Jaipur Region;
(12) "occupier" includes,-
(a) an owner or any person who, but for a contract, express or implied, is paying or is liable to pay rent to the owner of any building or land; or
(b) any person who is liable to pay to the owner of any land or building, damages for wrongful occupation of the whole or part of any such building or land; and
(c) rent-free occupant of any building or land;
(13) "owner" includes the person who, but for a contract, express or implied, for the time being is receiving or is entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person, or for any religious or charitable institution, the rent or profits of any building or land;
(14) "Panchayat" means-
(i) a Panchayat established under the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953) in Jaipur Region; or
(ii) a Panchayat Samiti or Zila Parishad, constituted under the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (Rajasthan Act 37 of 1959) in Jaipur Region;
(15) "plan" means a master development plan or a zonal development plan prepared or deemed to be prepared under this Act, and the expression 'any plan' shall be construed accordingly;
(16) "prescribed" means prescribed by rules under this Act;
(17) "public purpose" includes any purpose which is useful to the public or any class or section of the public and the requirement of land reserved or designated in a plan, project or scheme or for any other purpose under this Act;
(18) "regulation" means a regulation made by the Authority under this Act;
(19) "rule" means a rule made by the Government under this Act;
(20) "Tribunal" means Tribunal constituted under the provisions of this Act;
(21) "Zone" means any of the divisions in which Jaipur Region may be divided for the purposes of development under this Act;
(22) words and expressions used in this Act, but not defined herein, shall have the same meanings as assigned to them in the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act No 35 of 1959) and the Rajasthan Municipalities Act, 1959 (Rajasthan Act No. 38 of 1959).
Chapter-II Establishment and constitution of the Authority
### 3. Establishment of the Jaipur Development Authority.
(1) As soon as may be, after the commencement of this Act, the State Government shall, by notification in the Official Gazette, establish for the purposes of this Act an Authority to be called "the Jaipur Development Authority" (hereinafter referred to as "the Authority").
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid.
(3) The Authority shall be deemed to be a local authority within the meaning of the term "local authority" as defined in the Rajasthan General Clauses Act, 1955 (Rajasthan Act
No. 8 of 1955
).
### 4. Composition of the Jaipur Development Authority.
- [(1) The Authority shall consist of the following members, namely:-
(i) A Chairman, who shall be the Minister-in-charge of Urban Development of the State of Rajasthan, or a nominee of the Governor during President's Rule;
(ii) a Vice-Chairman, who shall be the State Minister of Urban Development of the State of Rajasthan, or a nominee of the Governor during President's Rule;
(iii) Secretary to the Government, Urban Development and Housing Department;
(iv) Jaipur Development Commissioner (appointed under this Act);
(v) Chairman, rajasthan Housing Board;
(vi) Chief Engineer, Public Health Engineering Department;
(vii) Chief Engineer, Public Works Department;
(viii) District Collector, Jaipur;
(ix) Chief Engineer, Rajasthan State Electricity Board;
(x) Chairman/Administrator, Municipal Council, Jaipur;
(xi) Zila Pramukh of Zila Parishad, Jaipur District;
(xii) Chief Town Planner, Rajasthan; and
(xiii) Non-official members, not exceeding seven, to be nominated by the State Government];
(2) Besides the members referred to in sub-section (1) the State Government, if it so thinks fit, may also appoint the Chairman of any Functional Board as member of the Authority.
(3) The Chairman of the Authority shall supervise and control all the activities on behalf of the Authority and shall exercise such powers and perform such duties as are conferred on him under this Act and exercise such other powers and perform such other duties as the Authority may, by regulations, from time to time determine.
(4) The Vice-Chairman shall exercise such powers and perform such duties as the Chairman of the Authority may, by order, delegate to him and shall, during the absence of the Chairman, perform the functions and exercise the powers of the Chairman.
(5) The members shall receive such allowances for meeting the personal expenditure in attending the meetings of the Authority or any committee or body thereof or in performing any other functions as members, as may be prescribed.
(6) Where a person becomes or is nominated as a member of the Authority by virtue of holding any office or being a member of the Parliament or State Legislature or any local authority or any other authority, Corporation, Council, Board or body, whether incorporated or not, he shall cease to be a member of the Authority as soon as he ceases to be holder of that office or such member, as the case may be.
(7) A member of the Authority, other than ex-officio members, may, at any time by writing under his hand addressed to the Chairman, resign his office but shall continue as member until his resignation is accepted by the Chairman.
(8) The term of the non-official members of the Authority nominated under [clause (xiii)]
[Substituted by Rajasthan 15 of 1989 [18-7-88].]
of sub-section (1) shall be for a period of [two years]
[Substituted by Rajasthan 15 of 1989 [18-7-88].]
:
Provided that in the event of the office of any aforesaid member becoming vacant by reason of death, removal, resignation or otherwise, the vacancy shall be filled up by fresh nomination according to the provisions of [clause (xiii) ]
[Substituted by Rajasthan 15 of 1989 [18-7-88].]
of sub-section (1) .
(9) No act or proceeding of the Authority, or of any board, committee or other body thereof shall be deemed to be invalid at any time merely on the ground that any of the members of the Authority or such body are not nominated, appointed or for any other reason are not available to take office at the time of the constitution or any meeting of the Authority, or such body or any person is a member in more than one capacity or there are one or more vacancies in the offices of any members of the Authority or such body.
### 5. Meetings of the Authority.
(1) The Authority shall meet atleast once in six months at such place and at such time as the Chairman may decide; and shall, subject to the provisions of section 6 observe such rules of procedure in regard to the transaction of business at its meeting (including the quorum thereat) as may be laid down by regulations.
(2) The Chairman or in his absence, the Vice-Chairman shall preside at every meeting of the Authority. If for any reason both the Chairman and the Vice-Chairman are unable to attend any meeting, any other member of the Authority, elected by the members thereof, present at the meeting, shall preside.
### 6. Cessation of membership.
(1) A member of the Authority, who has or acquires, directly or indirectly any share oi pecuniary or other interest in any contract, loan, arrangement or proposal entered into, or proposed to be entered into by or on behalf of the Authority, shall cease to be a member of the Authority:
Provided that, a member shall not be deemed to have any such share or interest, by reason only of his being a share holder of a public limited company/concern in any such contract, loan, arrangement or proposal or that he himself or any relation of his, is employed by or on behalf of the Authority or he has such share or interest in his capacity as a member of the Authority, or his property, or any property in which he has a share or interest, is or is being acquired or taken on lease by or on behalf of the Authority by agreement or according to any law for the time being in force.
(2) If any question arises whether a member of the Authority has become subject to the dis-qualifications mentioned in subsection (1), the question shall be referred for the decision of the State Government and its decision shall be final.
### 7. Constitution and powers of Executive Committee.
(1) There shall be an Executive Committee of the Authority consisting of the following members namely:-
(i) a Chairman, who shall be the Jaipur Development Commissioner;
(ii) Secretary, Urban Development and Housing or his representative not below the rank of Deputy Secretary;
(iii) Secretary, Jaipur Development Authority (who shall be the Member-Secretary of the Committee);
(iv) Chief Engineer, Public Works Department, Rajasthan;
(v) Chief Engineer, Public Health Engineering Department, Rajasthan;
(vi) Representative of the Rajasthan State Electricity Board not below the rank of a Chief Engineer;
(vii) Managing Director, Rajasthan State Industrial and Investment Corporation Limited;
(viii) General Manager, Rajasthan State Road Transport Corporation;
(ix) Managing Director, Rajasthan Tourism Development Corporation;
(x) Director, Engineering of the Authority;
(xi) Director, Town Planning of the Authority;
(xii) Director, Finance of the Authority;
(xiii) Collector, Jaipur;
(xiv) Superintendent of Police, Jaipur;
(xv) The Commissioner, Municipal Council, Jaipur:
Provided that where an Administrator has been appointed of the Municipality of Jaipur, he shall be the member.
(2) The Executive Committee shall exercise the following powers and perform the following duties, namely:-
(i) organisation of the divisions and operational units of the Authority;
(ii) preparation of drafts of regulations and recommending to the Authority for making them;
(iii) operation of the Jaipur Region Development Fund;
(iv) preparation of projects and schemes;
(v) approval or rejection of tenders for projects and schemes;
(vi) creation of posts under the Authority upto such level as may be determined by regulations;
(vii) borrowing and reborrowing of money required by the Authority;
(viii) investment of surplus money of the Jaipur Region Development Fund;
(ix) making of grants subventions, loans or advances to or sharing expenses with any local or other authority or person for projects and schemes;
(x) institution or withdrawal of legal proceedings on behalf of the Authority;
(xi) delegation of any of its powers and duties to its Chairman or any officer of the Authority.
(3) In addition to the powers and duties conferred on it under other provisions of this Act, the Executive Committee shall exercise such other powers and perform such other duties as may be delegated to it by the Authority from time to time.
(4) The Executive Committee shall meet at such place and at such time as may be determined by its Chairman, and shall observe such rules of procedure in regard to transaction of business as may be determined by regulations.
### 8. Appointment of Jaipur Development Commissioner Directors, Secretary, etc.
(1) The State Government shall appoint any of its officer as Jaipur Development Commissioner on such salary and allowances and on such terms and conditions of service as may be determined by the State Government. He shall be the Chief Executive of the Authority and shall supervise and control all its officers and servants, including any officer of Government appointed, from time to time, on deputation to the Authority, or to the Executive Committee, or any other Committee or any Functional Board or any body thereof. He shall be responsible for collection of all sums due to the Authority and payment of all sums payable by it. He shall ensure adequate security of all assets including cash balances of the Authority. Besides the said powers and duties and the powers and duties delegated by the Authority or the Executive Committee or any other Committee or any Functional Board or any body thereof, he shall also exercise the following powers, perform the following functions and discharge the following duties, namely:-
(i) management and supervision of operational units of the Authority;
(ii) except as otherwise provided, appointment of the staff as per strength sanctioned by the Authority or the Executive Committee, as the case may be, including their removal, dismissal or otherwise punishing them in accordance with the regulations made by the Authority;
(iii) promulgation of internal procedure for management of the Authority;
(iv) administration of Projects and Schemes of the Authority;
(v) grant of any permission required to be given under this Act or refusal thereof on behalf of the Authority;
(vi) calling tenders, scrutinise them and approve or reject them where the value does not exceed rupees one crore and where the value exceeds rupees one crore making recommendation to the Executive Committee;
(vii) executing agreements and entering into contracts for and on behalf of the Authority, and
(viii) all other powers, functions and duties as may be determined by regulations.
(2) To aid and advise the Jaipur Development Commissioner, the State Government shall appoint the following Directors:-
(i) Director, Engineering who shall not be below the rank of Chief Engineer of civil construction,
(ii) Director, Town Planning, who shall not be below the rank of Chief Town Planner or Chief Town Planner and Architectural Advisor, and
(iii) Director, Finance who shall be not below the rank of Chief Accounts Officer.
(3) The State Government shall appoint a Secretary of the Authority who shall also act as Secretary of the Executive Committee, other Committees, if any, and all Functional Boards. He shall, subject to the control and supervision of the Jaipur Development Commissioner, record the minutes of the proceedings of the Authority, Executive Committee, all Functional Boards, Committees or any body of the Authority, maintain the minute book for the same alongwith all record relevant thereto and shall exercise such powers, perform such functions and discharge such duties as may be delegated to him by the Authority, the Executive Committee, Jaipur Development Commissioner or any Functional Board.
(4) The State Government may also appoint one or more Additional Commissioners and Additional Secretaries to assist the Jaipur Development Commissioner and they shall perform such functions and discharge such duties as may be delegated to them by the Jaipur Development Commissioner.
(5) The officers appointed under sub-sections (2), (3) and (4) shall be deemed to be officers of the Authority and their salary and allowances and their terms and conditions of service shall be such as may be determined by the State Government.
### 9. Determination of strength of the Staff, etc.
- The Authority or in case the powers are delegated by it, the Executive Committee may, from time to time, sanction creation of posts of all other officers and servants, except the officers referred to in section 8, subordinate to the Authority including Executive Committee, any other Committee, any Functional Board or any other body as it thinks necessary. The conditions of appointment and service and the powers, functions and duties of such officers and servants shall be such as may be determined by regulations.
### 10. Constitution of Committees.
(1) The Authority may constitute committees consisting wholly of members of such Authority or partly of members of such Authority and partly of other persons in such manner and for such purposes and functions as may be specified by the Authority by regulations.
(2) The Committees constituted under this section shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.
(3) The members of the committees maybe paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the committees as may be prescribed.
### 11. Authentication of orders etc.
- All proceedings of the Authority, the Executive Committee, other Committees and the Functional Boards shall be authenticated by the Signatures of the Chairman of the Authority, the Executive Committee, other Committee, or the Functional Board, as the case maybe, or of any member thereof authorised by the Chairman in this behalf and all other orders and instruments of the Authority shall be authenticated by the Jaipur Development Commissioner or by any other officer of the Authority authorised by him in this behalf.
### 12. Provision for inviting Government and Local Authority Officers to assist for advice.
- The Authority, the Executive Committee, the Jaipur Development Commissioner or a Functional Board may invite any officer of the State Government or local authority or other authority or any person to attend its meeting or meetings as a special or permanent invitee for the purpose of assisting or advising it on any matter or matters. The officers or the persons so invited may take part in the proceedings, but shall have no right to vote.
Chapter-III Constitution of Functional Boards
### 13. Establishment of Jaipur Traffic Control Boards.
(1) As soon as may be after the Authority is established under sub-section (1) of section 3, the State Government shall, by order, constitute a Functional Board to be called as the "Jaipur Traffic Control Board" under the Authority.
(2) The Jaipur Traffic Control Board shall consist of the following members, namely:-
(i) a Chairman who shall be the Jaipur Development Commissioner;
(ii) Secretary, Jaipur Development Authority;
(iii) Transport Commissioner, Rajasthan;
(iv) General Manager, Rajasthan State Road Transport Corporation;
(v) Chief Engineer, Public Works Department, Rajasthan;
(vi) Chief Engineer, Public Health Engineering Department, Rajasthan;
(vii) Representative of the Rajasthan State Electricity Board, not below the rank of a Chief Engineer;
(viii) Director, Engineering of the Authority;
(ix) Director, Town Planning of the Authority;
(x) Director, Finance of the Authority;
(xi) District Magistrate, Jaipur;
(xii) Superintendent of Police, Jaipur;
(xiii) Chairman/Administrator, Municipal Council, Jaipur; and
(xiv) two persons to be nominated by the Chairman of the Authority.
(3) The Jaipur Traffic-Control Board shall exercise the following powers and perform the following, duties, namely:-
(i) to prepare a Master Plan for traffic control in Jaipur City and to take steps in a phased manner for its implementation;
(ii) to take steps to modernise the traffic control system;
(iii) to lay down the policy for issuing traffic licences of light and heavy vehicles;
(iv) to determine policy for one way traffic, to impose restrictions for certain hours on certain kind of traffic on certain roads, to bar certain vehicles on certain roads, to determine parking places, stands stops and cycle ways and other matters connected therewith;
(v) to lay down guidelines for raising sign-signals, barriers and speed breakers;
(vi) to grant permission to any person, Government department (Central or State), any local authority or any other body to cut the roads for various purposes and to impose conditions thereof;
(vii) to demolish traffic hazards, obstacles and to determine compensation in such cases in accordance with regulations;
(viii) to solicit help of the citizens and associations of repute to advise and raise funds for traffic control and traffic education in accordance with the rules;
(ix) to organise traffic education;
(x) to perform all other activities pertaining to the improvement and control of traffic and such other functions as may be directed by the authority.
### 14. Constitution and powers of other Functional Boards.
(1) On the advice of the Authority, the State Government may, from time to time, by order published in the official Gazette, constitute, (i) a Transport and Communications Board, (ii) a Water Resources Management Board, (iii) a Housing, Urban Renewal and Ecology Board and other Functional Boards for achieving the objects of the Authority with such names as it deems fit to specify, each having membership as provided in sub-section (2).
(2) Each Functional Board constituted by the State Government under sub-section (1) shall consist of a Chairman and such other members (not exceeding five) as may be appointed by the State Government. At least two of the members shall be persons who have special knowledge and experience of the subject to be dealt with by the Functional Board.
(3) The State Government may, if it thinks fit in public interest so to do terminate the appointment of Chairman or any member of any Functional Board constituted under sub-section (1) or reconstitute the same at any time.
(4) Each Functional Board shall, in respect of the subjects on areas within its purview-
(a) plan, identify projects and schemes, initiate surveys and conduct investigations (either by itself or engaging other agencies as appropriate) and prepare programmes and proposals for investment purposes for the consideration of the Authority, indicating the authorities and agencies to be entrusted with the execution thereof;
(b) advise the Authority, Executive Committee or the Jaipur Development Commissioner;
(c) implement any project or scheme, entrusted to it by the Authority or Executive Committee;
(d) exercise such other powers and perform such other functions and duties as may be delegated to it by the Authority or as may be assigned to it by the Executive Committee or the Jaipur Development Commissioner from time to time.
### 15. Meetings of the Functional Board.
(1) All Functional Boards constituted under this Chapter shall meet at such place and at such time as may be determined by its Chairman; and shall observe such rules of procedure in regard to the transaction of business at its meeting as may be determined by regulations.
(2) The members of the Functional Boards may be paid such allowances for meeting the personal expenditure in attending meetings and for attending to any other work of the Board, as may be prescribed.
Chapter-IV Powers and Functions of the Authority
### 16. Functions of the Authority.
- The main object of the Authority shall be to secure the integrated development of the Jaipur Region and for that purpose the functions of the Authority shall he:-
(a) urban planning including the preparation of Master Development Plan and Zonal Development Plans and carrying out surveys for the purpose and also making alterations therein as may be deemed necessary;
(b) formulation and sanction of the projects and schemes for the development of the Jaipur Region or any part thereof;
(c) execution of projects and schemes directly by itself or though a local authority or any other agency;
(d) to make recommendations to the State Government on any matter or proposal requiring action by the State Government, Central Government, any local Authority or any other authority for overall development of the Jaipur Region;
(e) participation with any other Authority for the development of the Jaipur Region;
(f) co-ordinating execution of projects or schemes for the development of the Jaipur Region;
(g) supervision or otherwise ensuring adequate supervision over the planning and execution of any project or scheme, the expenses of which, in whole or in part are to be met from the Jaipur Region Development Fund;
(h) preparing schemes and advising the concerned authorities, departments and agencies in formulating and undertaking schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, transport, communication, schooling, cultural activities, sports, medicare, tourism, entertainment and similar other activities;
(i) execution of projects and schemes on the directions of the State Government;
(j) undertaking housing activity in Jaipur Region; provided that the delineation of responsibility for housing between Rajasthan Housing Board and the Authority will be made by State Government effective from the date to be fixed by it;
(k) to acquire, hold, manage and dispose of property, movable or immovable, as it may deem necessary;
(l) to enter into contracts, agreements or arrangements with any person or organisation as the Authority may deem necessary for performing its functions;
(m) to prepare Master Plan for traffic control and management, devise policy and programmes of action for smooth flow of traffic and matters connected therewith;
(n) to perform functions designated by the State Government in the areas of urban renewal, environment and ecology, transport and communication, water energy resource management directly or through its Functional Boards or other departments/agencies as the State Government may specify;
(o) regulating the posting of bills, advertisement hordings, sign-post, and name boards in Jaipur Region or in any part thereof as specified by the Authority;
(p) regulating the erection or re-erection of buildings and projections, making material alterations therein and providing for open spaces in Jaipur Region or in any part thereof as specified by the Authority;
(q) removing obstructions and encroachments upon public, streets, open spaces and properties vesting in the Government or the Authority;
(r) to do all such other acts and things which may be necessary for or incidental or conductive to, any matters which arise on account of its activity and which are necessary for furtherance of the objects for which the Authority is established; and
(s) to perform any other functions that the State Government may designate in furtherance of the objectives of this Act.
### 17. No other Authority or person to undertake certain development without permission of the Authority.
(1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Jaipur Region of the type as the Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect the overall development of the Jaipur Region.
(2) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development:
Provided that such person may apply for such permission through the concerned local authority and such local authority shall forward his application to the Authority with its recommendations, if any.
(3) The Authority shall, after making such enquiry as it deems necessary and within sixty days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such conditions as it may deem fit to impose or refuse to grant such permission. If such permission is not granted or refused within sixty days as aforesaid, the applicant may, by a written communication presented in person or through his authorised representative to the Secretary of the Authority or any other officer nominated by him in this behalf, call the attention of the Authority to the omission or neglect in granting or refusing permission, and if such omission or neglect continues for a further period of thirty days from the receipt of such communication, the Authority shall be deemed to have permitted the proposed development and such development may be proceeded with in the manner specified in the application:
Provided that nothing herein contained shall be construed to authorise any person to act in contravention of any provision of this Act or the rules, regulations or order made thereunder, relating to any matters other than the requirement of obtaining permission of the Authority before undertaking or carrying out any improvement under this Act.
(4) Any authority or person aggrieved by the decision of the Authority under sub-section (3), may, within thirty days, appeal against such decision to the State Government whose decision shall be final:
Provided that, where the aggrieved authority submitting such appeal is under the administrative control of the Central Government, the appeal shall be decided by the State Government after consultation with the Central Government.
(5) In case any person or authority does anything contrary to the decision given under this section, the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.
### 18. Powers of the Authority to give directions.
(1) Notwithstanding anything contained in any other law for the time being in force, the Authority may give such directions to any local authority or other authority or person, with regard to the implementation of any project or scheme financed under section 16, as it thinks fit and any such local authority or other authority or person shall be bound to comply with such directions.
(2) Where any direction is given to any local authority, other authority or person under sub-section (1), such authority or person may, within fifteen days from the date of receipt of such direction, appeal to the State Government against such direction, and the decision of the State Government thereon shall be final.
(3) The Authority shall so exercise the powers of supervision referred to in clause (g) of sub-section (1) of section 16 as may be necessary to ensure that each project or scheme is executed in the interest of the overall development of the Jaipur Region and in accordance with any plan, project or scheme duly approved under any law for the time being in force or by the State Government.
### 19. Power of the Authority to require local authority to assume responsibilities in certain cases.
(1) Where any amenities are provided by the Authority, the authority may assume responsibility for the maintenance of the amenities which have been provided by it, or may require the local authority or any other authority, within whose jurisdiction the area so developed is situated, to assume such responsibility.
(2) The Authority, may also require the local authority or any other authority to make provision for such other amenities as may be specified by it and which have not been provided by the Authority, on such terms and conditions as may be agreed upon and where such terms and conditions cannot be agreed upon, on such terms and conditions as may be specified by the State Government, in consultation with the local authority or any other authority, as the case may be, and the Authority.
### 20. Power of the Authority to execute any plan.
(1) Where the Authority is satisfied that any direction given by it under sub- section (1) of section 18 with regard to any project or scheme has not been carried out by the local authority or other authority or person referred to therein, within the time specified in the direction, or that any such authority or person is unable to fully implement any project or scheme undertaken by it for the development of any part of the Jaipur Region, the Authority may, with the sanction of the State Government itself undertake any works and incur any expenditure for the execution of such projects or implementation of such schemes, as the case may be.
(2) The Authority may also undertake any work in t he Jaipur Region in accordance with the Master Development Plan or the Zonal Development Plan or any other project or scheme as the case may be, as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. Such direction may be issued to the Authority only where in the opinion of the State Government-
(a) there is no other suitable authority to undertake such work, or
(b) where there is such an authority but it is unwilling or unable to undertake such work, or
(c) where the Authority has specifically requested the State Government to entrust such work to it.
(3) Where any work is undertaken by the Authority under sub- section (1), it shall be deemed to have, for the purpose of the execution of such work, all the powers which may be exercised by or under any law for the time being in force by the local authority or other authority or person referred to in sub-section (1).
(4) The Authority may, for the purpose of sub-sections (1) and (2), undertake the survey of any area within the Jaipur Region and for that purpose it shall be lawful for any member, officer or servant of the Authority-
(a) to enter in or upon any land to take level of such land;
(b) to dig or bore into the sub-soil;
(c) to mark levels and boundaries by placing marks and cutting trenches;
(d) where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any fence or jungle:
Provided that, before entering upon any land, the Authority shall give notice of its intention to do so in such manner as may be specified in the regulations.
Chapter-V Master Development plan and Zonal Development plans
### 21. Civil Survey and preparation of Master Development Plan.
(1) The Authority with a view to securing planned integrated development and use of land, shall carry out a civic survey of and prepare a Master Development Plan for Jaipur Region.
(2) The Master Development Plan shall precisely define the quality of life that a citizen of Jaipur Region could desirably be expected to lead in (i) medium range perspective of the year 1991 A.D., (ii) long term perspective of the year 2001 A.D. and thereafter, and (iii) such other intermediate stages, as the State Government may direct, balanced and time targeted development to subserve the needs of the growing city of Jaipur and other areas of Jaipur Region, the net work of public utilities, civic amenities, community facilities, housing, communications and transport, the projects or schemes for conservation and development of natural resources and such other matters as are likely to have a bearing on the integrated development of the Jaipur Region and in particular may provide for-
(i) transport and communications such as roads, highways, railways, canals, international airports, air cargo complexes and bus-service, including their development;
(ii) water supply, drainage, sewerage, sewage disposal and other public utilities, amenities and services, including electricity and gas;
(iii) preservation, conservation and development of areas of natural scenery, city forests, wild life, natural resources and landscaping;
(iv) preservation of objects, features, structures or places of historical, natural, architectural or scientific interest and educational value;
(v) prevention of erosion, provision for afforestation or reforestation, improvement of water front areas, rivers, nallahs, lakes and tanks;
(vi) irrigation, water supply and hydroelectric works, flood control and prevention of water and air pollution;
(vii) educational and medical facilities;
(viii) district business centres, other shopping complexes, export oriented industrial areas and clearing houses, permanent exhibition centres, cattle fairs and markets;
(ix) games and sports complexes worthy of holding international events;
(x) amusement parks including disney land style complexes, safari parks and other gardens and parks, picnic centres and day amusement including artificial lakes and water reservoirs;
(xi) cultural complexes including theatres, cinemas, rangmanch, studios, recreation centres, conference hall complexes, concert halls, town halls and auditoria;
(xii) tourist complexes including hotels and motels, car hiring services, organised tours and treks;
(xiii) development of satellite towns in Jaipur Region and their appropriate integration with the city of Jaipur including development of new townships;
(xiv) allocation of land for different uses, general distribution and general location of land, and the extent to which the land may be used as residential, commercial, industrial, agricultural, or as forests, or for mineral exploitation or for other purposes;
(xv) reservation of areas for open spaces, gardens, recreation centres, zoological gardens, nature-reserves, animal sanctuaries, dairies and health resorts and other purposes;
(xvi) the re-location of the population or industry from over-populated and industrially congested areas, and indicating the density of population or the concentration of industry to be allowed in any area of Jaipur Region;
(xvii) housing including rural housing;
(xviii) filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of lands;
(xix) re-development and improvement of existing built-up areas;
(xx) planning standards and zoning regulations for different zones including development of "abadi"; and
(xxi) planning for Jaipur Region for management of urban growth and all matters connected therewith and other matters as are consistent with the objective of this Act.
(3) The Master Development Plan may also define the various zones into which the Jaipur Region shall be divided for the purposes of development and indicate the manner in which the development is to be carried-out and the land in each zone is proposed to be used (whether by the carrying out therein development or otherwise) and the stages by which any such development shall be carried out and shall serve as a basic pattern of framework within which the Zonal Development Plans of the various zones may be prepared:
Provided that the Authority may, if so considers necessary in the public interest alter the area of any zone.
### 22. Zonal Development Plan.
(1) Simultaneously with the preparation of the Master Development Plan or as soon as may be thereafter, the Authority shall proceed with the preparation of a Zonal Development Plan for each of the zone into which the Jaipur Region may be divided.
(2) A Zonal Development Plan may-
(a) contain the provision for the developmental activities to be carried out as mentioned in sub-section (2) of section 21;
(b) contain a site-plan for the development of the zone and show the approximate locations and extents of land uses proposed in the zone for such things as public buildings and other public works and utilities, roads, housing, recreation, industry, business, markets, schools, hospitals, public and private open spaces and other categories of public and private uses;
(c) specify the standards of population density and building density;
(d) show every area in the zone which may, in the opinion of the Authority, be required or declared for development or re-development; and
(e) in particular, contain provisions regarding all or any of the following matters, namely:-
(i) the division of any site into plots for the erection of buildings;
(ii) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, markets and other public purposes;
(iii) the development of any area into a township or colony and the restrictions and conditions subject to which such development may be undertaken or carried out;
(iv) the erection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and height and character of buildings;
(v) the alignment of buildings on any site;
(vi) the architectural features of the elevation or frontage of any building to be erected on any site;
(vii) the number of residential buildings which may be erected on any plot or site;
(viii) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom or at whose expense such amenities are to be provided;
(ix) the prohibitions or restrictions regarding erection of shops workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for particular purposes in the locality;
(x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained;
(xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and
(xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area.
### 23. Procedure to be followed in the preparation and sanction of Plans.
(1) Before preparing any Plan finally the Authority shall prepare a Plan in draft and publish it by making a copy thereof available for inspection and publishing a notice in such form and manner as may be determined by regulations inviting objections and suggestions from any person with respect to the draft Plan before such date as may be specified in the notice.
(2) The Authority, shall also give reasonable opportunity to every local authority within whose local limits any land touched by the Plan is situated, to make any representation with respect to the Plan.
(3) After considering all objections, suggestions and representations that may have been received by the Authority, the Authority shall finally sanction the Plan.
(4) Provisions may be made by regulations with respect to the form and content of a Plan and with respect to the procedure to be followed and any other matter, in connection with the preparation and sanction of such Plan.
(5) Notwithstanding anything contained in sub-sections (1) to (4), the procedure as laid down in the said sub-sections shall not be required to be followed in case the development of any project or scheme or any improvement thereof, in any zone is to be carried out on any land vested in the Authority.
### 24. Date of operation of Plan.
- Immediately after a Plan has been sanctioned by the Authority, it shall publish in such manner as may be determined by regulations a notice stating that a Plan has been approved and naming a place where a copy of the Plan may be inspected at all reasonable hours and upon the date of the first publication of the aforesaid notice, the Plan shall come into operation.
### 25. Subsequent modification of Plans.
(1) At any time after a Plan has come into operation according to provisions of section 24, the Authority may make any modification to the Plan as it thinks fit, the modifications, which, in its opinion, do not affect material alterations in the character of the Plan and which do not relate to the extent of land uses or the standards of population density.
(2) The Authority with the approval of the State Government may make any other modifications into the Plan in order to promote planned development of any part of the Jaipur Region in more efficient manner.
(3) Before making any modification to the Plan, Authority shall publish a notice, in such form and manner as may be determined by regulation inviting objections before such date as may be specified in the notice and shall consider all objections and suggestions that may be received by the Authority.
(4) Every modification made under the provisions of this section shall be published and the modification shall come into operation either on the date of publication or on such date as the Authority may fix by notice published in the Official Gazette whereupon the modified Plan shall come into operation to all intents and for all purposes of this Act.
(5) Upon coming into operation of any modified Plan, reference in any other section except in the foregoing sections of this Chapter, to the Master Development Plan or to the Zonal Development Plan shall be construed as a reference to the Master Development Plan or as the case may be to a Zonal Development Plan as modified under the provisions of this section.
### 26. Implementation of Plan.
- As soon as may be, on the coming into operation of any Plan, the Authority shall take such action for implementation of the Plan as may be deemed necessary subject to the provisions of this Act.
### 27. Plans prepared prior to this Act deemed to have been prepared under this Act.
- Any Master Plan or a Zonal Plan prepared under the provisions of any other law in force prior to the commencement of this Act, shall be deemed to have been prepared under the provision of this Act, to which the provisions of the foregoing sections relating to the sanction, modification and operation of a Master Plan/Master Development Plan shall mutatis mutandis apply:
Provided that any Master Plan or Zonal Plan sanctioned for the urban area of Jaipur under any other provisions of law shall cease to operate as soon as a Plan is sanctioned under the provisions of this Act.
### 28. Review of Plan.
- Notwithstanding anything contained in this Act, if the State Government or the Authority at any time within ten years from the date on which a Plan comes into operation under this Act is of the opinion that the revision of such Plan is necessary, the State Government may direct the Authority to revise or the Authority, may of its own motion undertake revision of such Plan, after carrying out, if necessary, fresh civic survey and preparing an existing land use map of the Jaipur Region, and there upon the foregoing provisions of this Chapter shall, so far as they can be made applicable, apply to the revision of such Plan as those provisions apply in relation to the preparation, publication and sanction of a Plan.
Chapter-VI Control of Development and use of Land included in Plans
### 29. Declaration of Development Areas.
(1) As soon as may be after a Plan comes into operation as provided in section 24, the Authority may, by notification in the Official Gazette, declare any area in Jaipur Region to be a development area for the purposes of this Act.
(2) Save as otherwise provided in this Act, the Authority shall not undertake or carry out any development of land in any area which is not a development area.
(3) On or after the date on which notification under sub-section (1) is published in the Official Gazette, no person shall institute or change the use of any land or carry out any development of land without the permission in writing of the Authority except the breaking open of any public street for which the previous permission of the Jaipur Traffic Control Board shall be obtained:
Provided that, no such permission shall be necessary-
(i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof;
(ii) the carrying out of works in compliance with any order or direction made by any authority under any law for the time being in force;
(iii) the carrying out of works by any authority in exercise of its powers under any law for the time being in force;
(iv) for the carrying out by the Central or the State Government or any local authority of any works-
(a) required for the maintenance or improvement of a highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street;
(b) for the purpose of inspecting, repairing or renewing any drains, sewers, mains, pipes, cable telephone or other apparatus;
(v) for the excavation (including wells) made in the ordinary course of agricultural operation;
(vi) for the construction of a road intended to give access to land solely for agricultural purposes;
(vii) for normal use of land which has been used temporarily for other purposes;
(viii) in case of land, normally used for one purpose and occasionally used for any other purpose, for the use of land for that other purpose on occasions; and
(ix) for use, for any purpose incidental to the use of a building for human habitation of any other building or land attached to such building.
### 30. Power of revocation and modification of permission to development.
(1) If it appears to the Authority that it is expedient, having regard to the Plan prepared or under preparation that any permission to develop land granted under this Act or any other law, should be revoked or modified, the Authority may, after giving the person concerned an opportunity of being heard against such revocation or modification, by order, revoke or modify the permission to such extent as appears to it to be necessary:
Provided that-
(a) where the development relates to the carrying out of any building or other operation, on such order shall affect such of the operations as have been previous carried out; or shall be passed after these operations have substantially progressed or have been completed;
(b) where the development relates to a change of use of land, on such order shall be passed at any time after the change has taken place.
(2) Where permission is revoked or modified by an order made under sub-section (1) and any owner claims within the time and in the manner prescribed, compensation for the expenditure incurred in carrying out development in accordance with such permission which has been rendered abortive by the revocation or modification, the Authority shall, after giving the owner reasonable opportunity of being heard by the officer, appointed by it in this behalf and after considering his report, assess and offer reasonable compensation to the owner.
(3) If the owner does not accept the compensation and gives notice, within thirty days of his refusal to accept, the Authority shall refer the matter for the adjudication of the Tribunal and the decision of the Tribunal shall be final and the binding on the owner and the Authority.
### 31. Penalty for un-authorised development or for use otherwise than in conformity with the Plan.
(1) Any person who, whether at his own instance or at the instance of any other person commences, undertakes or carries out development or institutes, or changes the use of any land-
(a) without permission required under this Act; or
(b) which is not in accordance with any permission granted or in contravention of any condition subject to which such permission has been granted; or
(c) after the permission for development has been duly revoked; or
(d) in contravention of any permission which has been duly modified; shall, on conviction, be punished with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after conviction for the first commission of the offence.
(2) Any person who continues to use or allows the use of any land or building in contravention of the provisions of a Plan without being allowed to do so under section 17 or where the continuance of such use has been allowed under that section continues such use after the period for which the use has been allowed or without complying with the terms and conditions under which the continuance of such sue is allowed, shall, on conviction be punished with fine which may extend to two thousand rupees; and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for every day during which such offense continues after conviction for the first commission of the offence.
### 32. Power to require removal of un-authorised development.
(1) Where any development of land has been carried out as indicated in sub-section (1) of section 31, the Authority may, subject to the provisions of this sections, within three years of such development, serve on the owner a notice requiring him, within such period, being not exceeding one month, as may be specified therein after the service of the not ice, to take such steps as may be specified in the notice-
(a) in case specified in clause (a) or (c) of sub-section (1) of section 31 to restore the land to its condition existing before the said development took place;
(b) in cases specified in clause (b) or (d) of sub-section (1) of section 31 to secure compliance with the conditions or with the permission as modified:
Provided that, where the notice requires the discontinuance of any use of land the Authority shall serve a notice on the occupier also.
(2) In particular, such notice may, for purposes of sub-section (1), require-
(a) the demolition or alteration of any building or works;
(b) the carrying out on land of any building or other operations; or
(c) the discontinuance of any use of land.
(3) Any person aggrieved by such notice may, within the period specified in the notice and in the manner determined by regulations, apply for permission under section 18 for retention on the land of any building or works or for the continuance of any use of the land, to which the notice relates, and pending the final determination or withdrawal of the application, the mere notice itself shall not affect the retention of buildings or works or the continuance of such use.
(4) The foregoing provisions of this Chapter shall, so far as may be applicable, apply to an application made under sub-section (3).
(5) If the permission applied for is granted, the notice shall stand withdrawn; but if the permission applied for is not granted, the notice shall stand; or if such permission is granted for the retention only of some buildings, or works, or for the continuance of use of only a part of the land, the notice shall stand withdrawn as respects such buildings or works or such part of the land, but shall stand as respects other buildings or works or other parts of the land, as the case may be; and thereupon, the owner shall be required to take steps specified in the notice under sub-section (1) as respects such other buildings, works or part of the land.
(6) If within the period specified in the notice or within the same period after the disposal of the application under subsection (4), the notice or so much of it as stands is not complied with, the Authority may-
(a) prosecute the owner for not complying with the notice and where the notice requires the discontinuance of any use of land, any other person also who uses the land or causes or permits the land to be used in contravention of the notice; and
(b) where the notice requires the demolition or alteration of any building or works or carrying out of any building or other operations, itself cause the restoration of the land to its condition before the development took place and secure compliance with the conditions of the permission or with the permission as modified by taking such steps as the Authority may consider necessary including demolition or alteration of any building or works or carrying out of any building or other operations; and recover the amount of any expenses incurred by it in this behalf from the owner as arrears of land revenue.
(7) Any person prosecuted under clause (a) of sub-section (6) shall, on conviction, be punished with fine which may extend to five thousand rupees; and in the case of a continuing offence, with a further fine which may extend to one hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.
### 33. Power to stop un-authorised development.
(1) Where any development of land as indicated in sub-section (1) of section 31 is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development, a notice requiring the development of land to be discontinued from the time of the service of the notice; and thereupon, the provisions of sub-sections (3), (4), (5) and (6) off section 32 shall, so far as may be applicable, apply in relation to such notice, as they apply in relation to notice under section 32.
(2) Any person, who continues to carry out the development of land, whether for himself or on behalf of the owner or any other person, after such notice has been served shall, on conviction, be punished with fine which may extend to five thousand rupees; and when the non-compliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the date of the service of the notice during which the non-compliance has continued or continues.
(3) Notwithstanding anything contained in this chapter, where any person continues to carry out unauthorised development after receiving a notice under sub-section (1), the Authority or any officer authorised by it in this behalf, shall, in addition to any prosecution or other proceedings or action that may be initiated under this Act, have the power to require any Police Officer to remove the person by whom the erection of the building has been continued and all his assistants and workmen from the place of the unauthorised development within such time as may be specified in the requisition and such Police Officer shall comply with the requisition accordingly. In addition to such removal of persons, the Authority may also confiscate such construction materials, tools, etc. which such person was using for unauthorised development.
(4) After a requisition order under sub-section (3) has been complied with, any person or his assistants and workmen subsequently continuing unauthorised development shall, on conviction, be punishable under section 71 of this Act, in addition to the action under sub-section (3).
(5) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the discontinuation of the unauthorised development under this Act.
### 34. Removal or discontinuance of un-authorised temporary development summarily.
(1) Notwithstanding anything hereinbefore contained in this Chapter, where any person has carried out any development of a temporary nature un-authorisedly as indicated in sub-section (1) of section 31. the Authority may, by an order in writing direct that person to remove any structure or work erected, or discontinue the use of land made, unauthorisedly as aforesaid, within fifteen days of the receipt of the order; and if thereafter, the person does not comply with the order within the said period, the Authority or any officer authorised by it in this behalf may get such work summarily removed or get such use summarily discontinued without any notice as directed in the order; and any development unauthorisedly made again shall similarly be summarily removed or discontinued without making any order as aforesaid:
Provided that standing crops shall not be summarily removed and reasonable period not exceeding six months shall be allowed to the person concerned by the Authority for the crop to be cut and gathered.
(2) The decision of the Authority on the question of what is development of a temporary nature shall be final.
### 35. Power to require removal of authorised development or use.
(1) If it appears to the Authority that it is expedient in the interest of proper planning of its areas (including the interest of amenities) having regard to the Plan prepared,-
(a) that any use of land should be discontinued, or
(b) that any conditions should be imposed on the continuance thereof, or
(c) that any building or works should be altered or removed, the Authority may, by notice served on the owner,-
(i) require the discontinuance of that use; or
(ii) impose such conditions as may be specified in the notice on the continuance thereof; or
(iii) require such steps, as may be specified in the notice to be taken for the alteration or removal of any building or works, as the case may be, within such period, being not less than one month, as may be specified therein, after the service of the notice.
(2) Any person aggrieved by such notice may, within the said period and in the manner prescribed, appeal to the Tribunal.
(3) On receipt of an appeal under sub-section (2), the Tribunal may, after giving a reasonable opportunity of being heard to the appellant and the Authority, dismiss the appeal or allow the appeal by quashing or varying the notice as it may think fit.
(4) If any person,-
(i) who has suffered damage in consequence of the compliance with the notice by the depreciation on any interest in the land to which he is entitled or by being disturbed in his enjoyment of the land or otherwise; or
(ii) who has carried out any works in compliance with the notice, claims, from the Authority, within the time and in the manner prescribed, compensation in respect of that damage, or of any expenses, reasonably incurred by him for complying with the notice, then the provisions of sub-sections (2) and (3) of section 30 shall apply in relation to such claim as those provisions apply to claims for compensation under those provisions.
### 36. Sanction for sub-division of plot or layout of private street.
(1) Every person who intends to sub-divide his land or his plot or make or lay-out a private street on such land or plot on or after the date of the publication of the draft plan in the Official Gazette under section 23 shall submit the intended layout plan for such purpose together with such particulars as may be determined by regulations to the Authority for sanction.
(2) The Authority may, within the period specified in the regulations, sanction such plan either without modifications or subject to such modifications or conditions as it considers expedient or may refuse to give sanction, if the Authority is of opinion that such division or laying out of street is not in any way consistent with the proposals of the plan.
(3) No compensation shall be payable for the refusal of a sanction or for the imposition of modifications or conditions in the sanction.
(4) If any person does any work in contravention of sub-section (1), or in contravention of the modifications or conditions in any sanction given under sub-section (2) or inspite of refusal of sanction under the said sub-section (2), the Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the manner determined by regulations remove or pull down any work or restore the land to its original condition.
### 37. Recovery of expenses incurred.
- Any expenses incurred by the Authority under sections 32, 33, 34, 35 and 36 shall be a sum due to the Authority under this Act from the person in default or the owner of the land or plot and shall be recovered as arrears of land revenue.
Chapter-VII Projects and Schemes
### 38. Making and Contents of Projects and Schemes.
(1) Subject to the provisions of this Act or any other law for the time being in force, the Authority for the purpose of implementing the proposals in any plan may make such projects and schemes for the integrated development of Jaipur Region or any part thereof, as may be considered necessary.
(2) A project or scheme may make provisions for all or any of the following matters, namely:-
(i) any of the matters specified in sections 21 and 22;
(ii) acquisition, development, reservation and sale or leasing of land for purpose of public utilities such as roads, streets, open spaces, parks, gardens, recreation and play grounds, hospitals, dispensaries, educational institutions, green-belts, dairies housing development, development of markets, shopping centres, commercial complexes, cultural centres, administrative centres, transport facilities and public purposes of all kinds;
(iii) acquisition, laying-out or relaying out of land either vacant or already built upon, re-building or re-locating areas which have been badly laid out or which have developed or degenerated into a slum or kachhi basti, the filling up or reclamation of low laying, swampy or un-healthy areas or levelling up of land;
(iv) acquisition and development of areas for commercial, industrial, transportation, agricultural mandies and other similar purposes;
(v) acquisition of land and its development for the purpose of laying out or re-modelling of roads and streets pattern, lay out of new streets or roads, construction, diversion, extension, alteration, improvement and closing up of streets and roads and discontinuance of communications;
(vi) re-construction of plots for the purpose of buildings, roads, drainage inclusive of sewerage, surface or subsoil drainage, sewerage disposal and other similar amenities;
(vii) the construction, alteration and removal of buildings, bridges and other structures;
(viii) lighting and water supply;
(ix) the preservation of objects of historical or national interest or natural beauty and of buildings actually used for religious purposes;
(x) the reservation of land in any scheme to such extent as may be provided by regulations for the purpose of providing housing accommodation to the members of Scheduled Castes, Scheduled Tribes, backward classes and weaker sections of the society;
(xi) the imposition of conditions and restrictions in regard to the open space to be maintained around buildings, the percentage of building area for a plot, the number, size, height and character of buildings allowed in specified areas the purposes to which buildings or specified areas may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable uses of lands in any area in specified periods, parking space and loading and unloading space for any building and the sizes or locations of projections, advertisement signs and hoardings;
(xii) the suspension, so far as may be necessary, for the proper carrying out of the schemes, of any rule, bye-law, regulation, notification or order made or issued under any law for the time being in force which the legislature of the State is competent to make:
Provided that any suspension under this clause shall cease to operate in the event of the withdrawal of the scheme or on the coming into force of the final Scheme;
(xiii) any other work of a nature such as would bring about environmental improvements which may be taken up by the Authority and all such other matters not inconsistent with the objects of this Act.
(3) The draft project or scheme shall contain the following particulars, namely:-
(a) the area, ownership and tenure of each original plot;
(b) the particulars of land allotted or reserved under clause (ii) of sub-section (2) with a general indication of the uses to which such land is to be put and the terms and the conditions subject to which such land is to be put to such uses;
(c) the extent to which it is proposed to alter the boundaries of original plots;
(d) the estimate of the net cost of the scheme to be borne by the appropriate authority;
(e) a full description of all the details of the scheme under sub-section (2) as may be applicable;
(f) the laying out or relaying out of land either vacant or already built upon;
(g) the filling up or reclamation of low laying; swampy or un-healthy areas or levelling up of land; and
(h) any other particulars as may be determined by regulations.
### 39. Preparation of Projects and Schemes.
(1) The Authority may, by resolution, declare its intention to prepare a project or scheme as provided in section 38 in any development area.
(2) Not later than thirty days from the date of such declaration of intention to make such project or scheme, the Authority shall publish the declaration in the Official Gazette and in such other manner as may be determined by regulations.
(3) Not later than two years from the date of publication of the declaration under sub-section (2) the Authority shall prepare a project or scheme in draft form and publish it in such form and manner as may be determined by regulations together with a notice inviting objections and suggestions from any person with respect to the said draft project or scheme before such date as may be specified therein, such date being not earlier than thirty days from the date of publication of such notice.
(4) The Authority shall consider all the objections and suggestions as may be received within the period specified in the notice under sub-section (3) and shall, after giving a reasonable opportunity to such persons affected thereby as are desirous of being heard, approve the draft project or scheme as published or make such modifications, as it may deem fit.
(5) Immediately after a project or scheme is approved under sub- section (4) with or without modifications, the Authority shall publish in the Official Gazette and in such other manner as may be determined by regulations a final project or scheme and specify the date on which it shall come into operation.
(6) Notwithstanding anything contained in the foregoing subsections, the procedure as laid down therein shall not be required to be followed in case the project or scheme is to be carried out on any land vested in the Authority and no demolition of any building or removal of persons living thereat is involved in its execution.
### 40. Restrictions on use and development of land after declaration of a Scheme.
(1) On or after the date on which a draft scheme is published under section 39, no person shall, within the area included in the project or scheme, institute or change the use of any land or building or carry out any development, unless such person has applied for and obtained the necessary permission for doing so from the Authority in accordance with the regulations made in this behalf:
Provided that it shall be lawful for any person to undertake such development within the village abadi limits in accordance with the permission granted by the local panchayat so far as such permission is consistent with such draft scheme or schemes.
(2) The provisions of Chapter VI shall be applicable mutatis mutandis for the project or scheme approved under sub-section (4) of section 39.
### 41. Lapse of Scheme.
- If the Authority fails to implement the project or scheme approved under sub-section (4) of section 39 within a period of five years from the date of publication thereof under sub-section (5) of section 39, it shall, on the expiration of the said period of five years, lapse.
### 42. Modification or withdrawal of Project or Scheme.
(1) The Authority after making such inquiry as it may deem fit, may, if it is of the opinion that it is necessary or expedient so to do, by notification published in the Official Gazette, declare that the project or scheme approved under sub-section (4) of section 39, is withdrawn and upon such declaration, no further proceedings, shall be taken in regard to such project or scheme.
(2) If the Authority, after approval of any project or scheme under sub-section (4) of section 39, at any time, considers it necessary to make certain modifications therein, which in its opinion do not effect material alteration in the character of the project and scheme, may make suitable modifications.
### 43. Saving to any Project or Scheme.
- Notwithstanding anything contained in any provisions of this Act or in any plan sanctioned under it, the Authority shall be at liberty to make and carry out any project or scheme not covered by the said plan if in the opinion of the Authority, it is necessary to do so or expedient in public interest, and the said plan shall be deemed to be modified to that extent.
Chapter-VIII Acquisition and Disposal of Land
### 44. Power to purchase or lease by agreement.
- The Authority may enter into an agreement with any person, for the purchase, leasing or exchange by the Authority from such person, of any land which the Authority is authorised to acquire or any interest in such land.
### 45. Power to State Government to acquire land.
(1) Where, on any representation from the Authority, it appears to the State Government that, in order to enable the Authority to perform any of its functions or to discharge any of its duties or to exercise any of its powers, or to carry out any of its projects or schemes or development programmes, it is necessary that any land in any part of the Jaipur Region should be acquired, the State Government may acquire the land [under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894)]
[Substituted by Rajasthan 30 of 1987.]
.
[x x x]
[Omitted by Rajasthan 30 of 1987.]
### 46. [ Possession to be made available to the Authority.
[Substituted by Rajasthan 30 of 1987.]
- Where any land is taken possession of, the State Government shall make that land available to the Authority for the purpose of performing its functions, discharging its duties and exercising its powers]
[Substituted by Rajasthan 15 of 1989 [10-7-88].]
.
### 47. to 53.
[x x x]
[Sections 47 to 53 deleted by Rajasthan 30 of 1987.]
### 54. Land to vest in the Authority and its disposal.
(1) Notwithstanding anything contained in the Rajasthan Land Revenue Act, 1956 (Rajasthan Act
No. 15 of 1956
), the land as defined in section 103 of that Act, excluding land referred to in sub-clause (ii) of clause (a) of the said section and Nazul Land placed at the disposal of a local authority under section 102-A of that Act in Jaipur Region shall, immediately after establishment of the Authority under section 3 of this Act, be deemed to have been placed at the disposal of and vested in the Authority which shall take over such land for and on behalf of the State Government and may use the same for the purposes of this Act and may dispose of the same subject to such conditions and restrictions as the State Government may, from time to time, lay down and in such manner, as it may, from time to time, prescribe:
Provided that the Authority may dispose of any such land-
(a) without undertaking or carrying out any development thereon; or
(b) after undertaking or carrying out such development as it thinks fit, to such person, in such manner and subject to such covenants and conditions, as it may consider expedient to impose for securing development according to plan.
(2) No development of any land shall be undertaken or carried out except by or under the control and supervision of the Authority.
(3) If any land vested in the Authority is required at any time thereafter by the State Government, the Authority shall, by notification in the Official Gazette place it at the disposal of the State Government upon such terms and conditions as may be agreed upon between the State Government and the Authority.
(4) All land acquired by the Authority, or by the State Government and transferred to the Authority, shall be disposed of by the Authority in the same manner as may be prescribed for land in sub-section (1).
### 54A. [ Transitory provisions for pending matters relating to acquisition of land.
[Substituted by Rajasthan 4 of 1995.]
(1) Notwithstanding anything otherwise contained in sub-section (1) of section 45, where, in any matter relating to the acquisition of land pending between 24the day of September, 1984 and 31st day of July, 1987, an action, thing or order has been taken, done or made under and in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such action, thing or order shall not be reopened or reviewed or be liable to be challenged on the ground that such action thing or order was at variance with that provided for in the Land Acquisition Act, 1894 (Central Act 1 of 1894) (hereinafter in this section referred to as The Land Acquisition Act) subject, however, that any, further proceeding action or order in such matter conducted, taken or made on or after the first day of August, 1987, shall, subject to the other provision of this section, be made under and in accordance with the Land Acquisition Act.
(2) The amount of compensation or interest or that Payable for another reason, shall in a matter pending on the first day of August, 1987, be payable under and in accordance with the provisions of the Land Acquisition Act and the money paid prior to the first day of August, 1987, shall be deducted from or adjusted against the said amount.
(3) Where in a matter pending on the first day of August, 1987, a notice under sub-section (2) of section 45 or a notification under sub-section (1) thereof has been issued or, as the case may be published such notice or notification shall be deemed to be notification or declaration published or made under subsection (1) of section 4 or, as the case may be, under sub-section (1) of section 6 of the Land Acquisition Act and the declaration or award in such matter shall be made within a period of one year or as the case may be, two years from the first day of August, 1987.
(4) Where any land has, prior to the first day of August, 1987, vested in the State Government or its possession has been taken in accordance with the provisions of this Act, as it stood before the first day of August, 1987, such vesting or possession of land shall not be liable to be challenged on the ground that no amount of compensation was tendered and paid in accordance with subsection (3-A) of section 17 of the Land Acquisition Act, subject, however, that such amount shall be tendered and paid within a period of six months from the first day of August, 1987.
(5) In determining the amount of compensation to be awarded in a matter pending on the first day of August, 1987, the market value of the land at the date on which the notice was published in the Official Gazette under sub-section (2) of section 45, as it stood before first day of August, 1987, shall be taken into consideration.
(6) An appeal preferred to the Tribunal under sub-section (6) of section 48 or a dispute referred to the Tribunal under subsection (2) of section 49 or a deposit of amount made in the Court of the District Judge under sun-section (2) of section 50 and pending decision or disposal on the first day of August, 1 987 shall be dealt with having regard to the provisions of the Land Acquisition Act.
(7) Where in a matter pending on the first day of August, 1987, the amount of compensation payable under the provisions of of this Act, as it stood before the first day of August, 1987, is higher that that payable under the Land Acquisition Act, the owner of the land and the persons interested therein shall be entitled to claim the higher amount].
### 54C. Transfer to be on free hold or lease hold basis.
[Added by Rajasthan Act
[No. 4 of 2007
, dated 7.4.2007.]
(1) Every transfer of land under Section 54 or Section 54B shall be either on free hold basis or on lease hold basis.
(2) Any land sold, allotted, regularized or otherwise transferred on lease hold basis may be converted in free hold basis subject to such terms and conditions, and on payment of such conversion charges, as may be prescribed.
Explanation. - For the purposes of this section, 'free hold' means tenure in perpetuity with right of inheritance and alienation.]
Chapter-IX Finance, Budget and Accounts
### 55. Funds of the Authority.
(1) There shall be a fund for the Authority to be called "The Jaipur Region Development Fund" (herein after referred to as Fund), to which shall be credited all moneys received by the Authority, including-
(a) such amount of contribution to be made by the State Government yearly or in such installments in each year as it may determine in accordance with the schemes included in the State Plan and under appropriation duly made in this behalf, which contribution shall be utilised by the Authority for the development of Jaipur Region;
(b) contribution to be made by the State Government in the first instance of a sum equivalent to rupees one crore toward a revolving fund to be established by the Authority;
(c) such other moneys as may be paid to the Authority by the State Government, Central Government or any other authority or agency by way of grants, loans, advances or otherwise;
(d) 50% share of the proceeds of tax recovered on land and buildings situated within the Jaipur Region in accordance with provisions of the Rajasthan Lands and Buildings Tax Act, 1964 (Rajasthan Act No. 18 of 1964);
(e) income derived from premium on second and subsequent sale of vac ant land;
(f) income from levy on vacant land;
(g) all fees, costs and charges received by the Authority under this Act or any other law for the time being in force;
(h) all moneys received by the Authority from the disposal of land, building and other property, movable and immovable and other transactions, including lease money, urban assessments, development charges and other similar charges recovered from plot holders;
(i) all moneys borrowed by the Authority including loans to be raised from the financing institutions;
(j) all moneys received by the Authority by way of rents and profits or in any other manner or from any other source; and
(k) all donations to be received by the Authority.
(2) The Authority may keep in current or deposit account with any Scheduled Bank or any Co-operative or other Bank approved by the State Government in this behalf, such sum of money out of its Fund as may be determined by the Authority and any money in excess of the said sum shall be invested in such manner as may be determined by regulations.
(3) Such accounts shall be operated upon by the Jaipur Development Commissioner or by such other officer of the Authority as may be authorised by it by regulations made in this behalf.
### 56. Loans Fund.
(1) As a part of the Fund, the Authority shall establish in distinct Bank accounts a Loans Fund for the purposes of (a) receiving all moneys borrowed by it including all repayments of loan installments together with payment, of interest made by the borrower on loans, (b) providing all moneys to be made available by the Authority as loans or advances to local authorities and other authorities or persons, (c) repayment of loans raised by the Authority for the purposes of this Act, and (d) expenditure on projects and schemes.
(2) All matters connected with the Loans Fund shall be governed by the regulations made in this behalf.
### 57. Reserve and other Funds.
(1) The Authority shall make provisions for a reserve fund and may provide for other specially denominated funds as it deems fit.
(2) The management of the funds referred to in sub-section (1) the sums to be transferred from time to time to the credit thereof and the application of money comprised therein, shall be determined by the Authority.
### 58. Application of Funds, etc.
- All property, funds and other assets vesting in the Authority shall be held and applied by it for the purposes and subject to the provisions of this Act.
### 59. Power of the Authority to borrow.
- The Authority may, with the previous approval of the State Government, borrow any money for carrying out the purposes of this Act or for servicing any loan obtained by it, at such rates and on such conditions as the State Government may determine at the time money is borrowed.
### 60. Power of the Authority to finance project and schemes and impose conditions therefor.
- The Authority shall be competent to give grants, advances or loans to, or to share expenses with, any local authority or other authority in Jaipur Region, or any Government Department or any person, for any of the purposes of section 16 and notwithstanding anything contained in any law for the time being in force, it shall be lawful for such local authority, other authority, Government Department or any person to accept such grants, advances or loans or share in the expenses, subject to such terms and conditions as the Authority may, from time to time, in consultation with such local authority, other authority, Government Department or any person, as the case may be, specify.
### 61. State guarantee to loans taken or given by Authority.
- The State Government may guarantee repayment of the principal of, and interest on, any loan raised or given by the Authority or transferred to it, for the purposes of this Act, subject to such conditions as the State Government may think fit to impose.
### 62. Accounts and Audit.
(1) The Authority shall keep accounts in such form and in such manner, as it may, by regulations made in this behalf, determine.
(2) The Accounts of the Authority shall be subject to audit by the Examiner, Local Fund Audit in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (Rajasthan Act XXVIII of 1954).
(3) The Authority shall pay from the Fund such charges for the audit as may be prescribed.
### 63. Budget
(1) The Director, Finance of the Authority shall prepare, every, in such form and at such time as may be determined by regulations, an annual budget estimate in respect of the financial year next ensuing, showing the estimated receipts and dispursements of the Authority to the Jaipur Development Commissioner who shall after making such modifications as he deems fit, submit it to the Authority for approval.
(2) The Jaipur Development Commissioner shall forward to the State Government copies of the budget approved by the Authority.
### 64. Annual Report.
- The Authority shall prepare after the end of each year (ending on the 31st day of March), a report of its activities during the previous year and submit it to the State Government before the 30th day of September. The State Government shall cause to be laid on the table of the House of the State Legislature such annual report including the statement of accounts.
Chapter-X Power to levy certain charges
### 65. Power to levy certain charges.
- The Authority shall levy at such rate and from such date as the State Government may direct by notification in the Official Gazette, and in such manner as may be prescribed by the State Government in this behalf, the following charges, namely :-
(a) a premium on second or subsequent sale of vacant land in Jaipur Region;
(b) an annual levy on vacant land in Jaipur Region; and
(c) conversion charges for conversion of the use of land from residential purpose to commercial or any other purpose.
Explanation. - The expression "vacant land" used in this Chapter shall mean all land allotted or sold by the State Government, the Authority, or any local authority on lease hold basis or land owned or held otherwise and on which no building has been constructed or if any building has been constructed, the covered area is less than 1/5th of the total area of the land.
### 66. Restrictions on the registration of sale deeds, etc.
- Notwithstanding anything contained in any other law for the time being in force, when any document required to be registered under the provisions of clauses (a) to (e) of sub-section (1) of section 17 of the Indian Registration Act, 1908 (Central Act XVI of 1908), purports to transfer by way of sale or lease any vacant land, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer evidence to show that he has paid the premium levied by the Authority as provided under clause (a) of section 65.
### 67. Urban assessment (ground rent) to be credited to the fund of the Authority.
(1) The Authority shall recover the urban assessment or ground rent from the plot-holders on the land or plot sold on lease hold basis by the State Government or the Authority or any local authority at such rates and in such manner as may be prescribed.
(2) The urban assessment or ground rent recovered under sub-section (1) shall be deposited in the Fund of the Authority.
### 68. Authority may charge fee for certain licenses or permission.
- When any licence is granted by the Authority under this Act or when any permission is given by it for any of the purposes of this Act, the Authority may charge a fee for such licence or permission as may be determined by regulations.
Chapter-XI Prosecutions, suits and Powers of Police
### 69. Penalty for un-authorised obstruction.
- Whoever,-
(i) obstructs the entry of any person empowered under section 85 to enter into or upon any land or building in any part of the Jaipur Region for the purposes mentioned in that section; or
(ii) molests such person as aforesaid after such entry; or
(iii) resists, obstructs or molests any member or employee of the Authority or any employee of the Government in the exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to, the Authority or the Government or such member, or employee of the Authority or any employee of the Government; or
(iv) obstructs or molests any person with whom the Authority or the Government or an officer of the Government, has entered into a contract or obstructs or molests a servant of the Authority, who may be law fully engaged in doing anything, in connection with the discharge of the duties or performance of the functions of the Authority or of the Government or of an officer appointed by it, under this Act;
shall be punishable with fine which may extend to one thousand rupees or with imprisonment for a term which may extend to six months, or with both.
### 70. Penalty for removing fence, etc. set up for the purposes of carrying out any work.
- If any person without lawful authority,-
(a) removes any fence, or any timber used for propping or supporting any building, wall or other things, or extinguishes any light set up at any place where the surface of street or other ground has been opened or broken up by the Authority for the purpose of carrying out any work authorised under this Act, or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of any work authorised under this Act, or
(c) infringes any order given or removes any bar, chain or post fixed by the Authority for the purpose of closing any street to traffic, during the course of execution of any work under this Act,
he shall be punishable with fine which may extend to one thousand rupees.
### 71. Penalty for disobedience of requisition and furnishing false information, etc.
- Whoever-
(a) wilfully or without any reasonable excuse, disobeys any requisition or other lawful order or direction issued under or in pursuance of any of the provisions of this Act, or
(b) being required under any of the provisions of this Act to make any return or to furnish any information, makes a false return or furnishes false information,
shall be punishable with fine which may extend to three thousand rupees or with imprisonment for a term which may extend to three months or with both.
### 72. [ Encroachment or obstruction upon public land.
[Substituted by Rajasthan 20 of 1991.]
- Whoever makes any encroachment in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which shall not be less than one month but which may extend to three years and with fine which may extend to twenty thousand rupees:
Provided that the court may for any adequate or special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than one month.
(2) Whoever makes any obstruction in any land or space not being private property, whether such land or space belongs to or vests in the Authority or not, except steps over drain in any public street shall on conviction be punished with simple imprisonment which may extend to one month or with fine which may extend to two thousand rupees or with both.
(3) The Authority or any officer authorised by it in this behalf shall have power to remove any such obstruction or encroachment and the expenses of such removal shall be paid by the person who had caused the said obstruction or encroachment.
(4) Whoever not being duly authorised in that behalf removes earth, sand or other material from any land or space as aforesaid, shall be punished on conviction with imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.
(5) Notwithstanding anything contained in the foregoing provisions, the Authority or the officer authorised by it in this behalf shall, in addition to the action taken as provided in this section, also have power to seize or attach any property found on the land or space referred to in this section or, as the case may be, attached to such land or space or permanently fastened to anything attached to such land or space.
(6) Where any property is seized or attached by an officer authorised by the Authority, he shall immediately make a report of such seizure or attachment to the Authority.
(7) The Authority may make such orders as it thinks fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings, and, if the property is subject to speedy and natural decay, or it is otherwise expedient so to do, the Authority may order it to be sold or otherwise disposed of.
(8) Where any property is sold as aforesaid, the sale proceeds thereof after deduction of the expenses of any such sale or other incidental expenses relating thereto, shall-
(a) where no order of confiscation is ultimately passed by the Authority; or
(b) where an order passed in appeal so requires, be paid to the owner thereof or the person from whom it is seized.
(9) Where any property is seized or attached under sub-section (5), the Authority may order confiscation of such property.
(10) No order for confiscating a property shall be made under sub-section (9) unless the owner of such property or the person from whom it is seized or attached is given.-
(a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;
(b) an opportunity of making a representation in writing with in such reasonable time as maybe specified in the notice against the grounds of confiscation; and
(c) a reasonable opportunity of being heard in the matter.
(11) The order of any confiscation under this section shall not prevent the infliction of any punishment to which the person affected hereby is liable under this Act.
(12) Whenever any property is seized or attached pending confiscation under this section, the Authority or the Tribunal constituted under section 83 of the Act shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, other tribunal or other authority shall not have, jurisdiction to make orders with regard to the possession, delivery, disposal, release or distribution of such property.
(13) Where any person is prosecuted of an offence under sub-section (1) or sub-section (2), the burden of proving that he has not committed the offence shall be on him.
(14) Whoever, being an employee of the Authority, specifically entrusted with the duty to stop or prevent the encroachment or obstruction punishable under this section, wilfully or knowingly neglects or deliberately omits to stop or prevent such encroachment or obstruction, shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees or with both:
Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the previous sanction of the Authority.
(15) No investigation of an offence under this section shall be made by an officer below the rank of a Deputy Superintendent of Police].
### 73. General provision for punishment of offenses.
- Whoever contravenes any of the provisions of this Act or of any rule or regulations made or does anything against any plan, project or scheme sanctioned thereunder shall, if no other penalty is provided for such contravention, be punishable-
(a) for the first offence, with fine which may extend to one thousand rupees; and
(b) for a second or any subsequent offence with fine which shall not be less than two hundred fifty rupees and not more than five thousand rupees.
### 74. Offense by companies.
(1) If the person committing an offence under this Act is a company, every person, who at the time the offence was committed was incharge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(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 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 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.
### 75. Cognizance of offenses.
(1) No court shall take cognizance of any offence punishable under this Act or any rule or regulation or order made thereunder except upon a complaint in writing of the facts constituting such offence made by the Authority, or by a person expressly authorised in this behalf by the Authority:
Provided that any person, whose right t o enjoyment of his own property is adversely affected by any unauthorised development as indicated in sub-section (1) of section 31, may also file a complaint in the like manner against such person or persons who may have undertaken the said unauthorised development:
Provided further that the Authority shall also be given due notice of such proceedings and if the Authority removes the cause for action within a reasonable period, the proceedings in the Court shall abate, without prejudice to any other action or proceedings that the Authority has initiated or may initiate thereafter.
(2) No court inferior to that of a Chief Judicial Magistrate shall try any offence punishable under this Act.
### 76. Fine when realised to be paid to the Authority.
- All fines realised in connection with prosecution under this Act shall be paid to the Authority.
### 77. Power of the Authority as to legal matters.
- The Authority may,-
(a) institute, defend or withdraw from any legal proceeding;
(b) compound any offence against this Act; and
(c) admit, compromise or withdraw any claim made in any legal proceeding or otherwise:
Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the Court.
### 78. Immunity to Authority.
- No suit, prosecution or other legal proceeding shall be maintainable against the Authority or any person acting under the direction of the Authority or the Chairman, member or any officer or servant of the Authority, Executive Committee, other committees, any Functional Board or any body thereof in respect of any thing lawfully and in good faith and with due care and attention done under this Act.
### 79. Notice of suit against Authority.
(1) No suit shall be instituted against the Authority or any member thereof or any of its officers or other employees or any person acting under the directions of the Authority or any member or any officer or other employee of the Executive Committee, any Functional Board, Tribunal, any Committee or any body thereof, in respect of any act done or purporting to have been done in pursuance of this Act or any order, rule or regulation made thereunder till the expiration of two months from the date on which notice in writing has been left at the office or place of abode of the persons to be sued and unless such notice states explicitly the cause of action, the nature of relief sought, the amount of compensation claimed and the name and place of residence of the intending plaintiff and unless the plaint contains a statement that such notice has been left or delivered.
(2) No suit such as is described in sub-section (1) shall, unless it is a suit for recovery of immovable property or for a declaration of title thereto, be instituted after the expiry of one year from the date on which the cause of action arises. .
(3) Nothing contained inn sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by giving of the notice or the postponement of the institution of the suit.
### 80. Mode of proof of record.
- A copy of any receipt, application, plan, notice, order, entry in a registrar other document in the possession of the Authority shall, if duly certified by the legal keeper thereof, or the Jaipur Development Commissioner or any person authorised by him in this behalf, be received as prima facie evidence of the entry or document and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent as, the original entry or document would, if produced, have been admissible to prove such matter.
### 81. Restriction on the summoning of servants of Authority to produce documents.
- No member or officer or servant of the authority shall in any legal proceeding to which the Authority is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transaction recorded therein unless by order of the court made for special cause.
### 82. Power of police officer.
(1) Any police officer, not below the rank of a Sub-Inspector, authorised by the Authority in this behalf, may arrest any person committing in his view any offense relating to encroachment or unauthorised development on the lands vested in the Authority or on public streets, as provided under section 72 of the Act or of any order or rule or regulations thereunder, if the name and address of such person be unknown to him and he declines to give his name and address, or if the police officer has reason to doubt the accuracy of such name and address if given, and such person may be detained at the station house until his name and address shall be correctly ascertained:
Provided that no person arrested shall be detained without the order of the Judicial Magistrate longer than is necessary for bringing him before a Judicial Magistrate or twenty four hours at the utmost.
(2) It shall also be the duty of all police officers to give immediate information to the Authority of the commission of any offense against the provisions of this Act or of any order, rule or regulation made thereunder, and to assist all members, officers and servants of the Authority or any body thereof in the exercise of ( heir lawful authority.
Chapter-XII Miscellaneous
### 83. Constitution of Tribunal.
(1) The State Government shall, by notification in the Official Gazette, constitute a Tribunal for the purposes of this Act.
(2) The Tribunal shall consist of one person who shall be an officer of the State Government and shall be paid such salary and allowances as may be determined by the State Government.
(3) The State Government may, to assist the Tribunal, direct the Authority to appoint such number of servants and of such cadre as may be deemed necessary.
(4) The expenses of the Tribunal shall be borne by the Authority.
(5) The procedure to be followed by the Tribunal in deciding the appeals or disputes referred to it under this Act shall be such as may be prescribed.
(6) The Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908) in respect of hearing and deciding of an appeal or any dispute referred to it.
(7) Except as otherwise provided, any dispute arising out of any provision of this Act may be referred to the Tribunal by the Authority. The decision of the Tribunal shall be final and binding on all the parties thereto.
(8) Except as otherwise provided,-
[(a) any person aggrieved by an order or notice of the Authority may file an appeal in the Tribunal within thirty days of the communication of such order or notice to him; and
(b) any person aggrieved by any threatened act or injury from the Authority affecting his rights may refer the dispute to the Tribunal with in thirty days of the communication or knowledge of such threatened act or injury;
and the decision of the Tribunal shall be final]
[Substituted by Rajasthan 20 of 1991.]
.
### 84. Recovery of moneys due to the Authority as arrears of land revenue.
- Where any sum (not being rent payable in respect of any premises of the Authority) payable to the Authority, whether under any agreement, express or implied or otherwise, howsoever, is not paid on or before the due date-
(a) and the claim is not disputed, the Jaipur Development Commissioner or any officer authorised by him in this behalf shall send to the Collector a certificate under his hand indicating therein the sum which is due to the Authority or is claimed by the Authority, as the case may be, and thereupon, the Collector shall recover the sum due or claimed as an arrear of land revenue;
(b) and the claim is disputed, it shall be referred to the Tribunal which shall after making such inquiry as it thinks fit and after giving to the person by whom the sum is alleged to be payable a reasonable opportunity of being heard, decide the question; and communicate forthwith its decision to the Authority. Any person aggrieved by the decision of the Tribunal may, within thirty days from the date of such decision, appeal to the Board of Revenue. The decision of the Board of Revenue shall be final and shall not be called in question in any Court. Thereupon the Collector shall recover the sum determined to be due as arrears of land revenue.
### 85. Power of entry.
(1) The Chairman and members of Authority, the Executive Committee, any other Committee, any Functional Board or any body thereof, the Jaipur Development Commissioner and officers and servants of the Authority authorised by him in this behalf with or without assistants or workmen, enter into or upon any land or building for the purposes of,-
(a) making any enquiry, inspection, measurement or survey or taking levels of such land or building;
(b) examining works under construction and ascertaining the course of sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of works;
(e) making such levels, boundaries and lines by placing mark, and cutting trenches;
(f) ascertaining whether any land is being or has been developed in contravention of any plan or without the permission or in contravention of any condition subject to which such permission has been granted under this Act; or
(g) doing any other thing necessary for the efficient administration of this Act:
Provided that-
(i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice at least of twenty-four hours to the occupier, or if there be no occupier, to the owner of the land or building;
(ii) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to move to some part of the premises where their privacy need not be disturbed; and
(iii) due regard shall always be had, so far as may be compatible with the exigencies of the purposes for which the entry is made, to the social and religious usages of the occupants of the premises entered.
(2) It shall be lawful for any person authorised under subsection (1) to make an entry for the purpose of inspection or search to open or cause to be opened a door, gate or other barrier-
(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search, and
(b) if the owner or occupier is absent or, being present, refuses to open such door, gate or barrier.
### 86. Service of notice under this Act.
(1) All documents, which expression shall include, notices and orders required by this Act or any rule or regulation made thereunder to be served upon any person, shall, save as otherwise provided in this Act, or rule or regulation made thereunder, be deemed to be duly served,-
(a) where such document is to be served on a department, local authority, railway, company, society or any other body of persons whether incorporated or not, it the document is addressed to the head of the department, General Manager of the Railway, Secretary or principal officer of the local authority, company, society or any such other body at its principal branch, local or registered office, as the case may be, and is either-
(i) sent by registered post to such office; or
(ii) delivered at such office; or
(b) where the person to be served is a partner in a firm, if the document is addressed to the partnership firm at its principal place of business, identifying it by the name or style under which its business is carried on and is either-
(i) sent by registered post; or
(ii) delivered at the said place of business; or
(c) in any other case, if such document is addressed to the person to be served and-
(i) is given or tendered to him, or
(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business, or is given or tendered to some adult member of his family or is affixed on some conspicuous part of the land or building to which it relates, or
(iii) is sent by registered post to the person.
(2) Any document which is required or authorised to be served on the owner or occupier of any land or building may be addressed "the owner" or "the occupier", as the case may be, of that land or building (naming or describing that land or building), without further name or description and shall be deemed to be duly served-
(a) if the document so addressed is sent or delivered in accordance with clause (c) of sub-section (1), or
(b) if the document so addressed or a copy thereof so addressed is delivered to some person on the land or building.
(3) Where a document is served on a partnership firm in accordance with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of any property, the Jaipur Development Commissioner or any other officer authorised by him in this behalf, may be, notice in writing, require the occupier, if any, of the property to state the name and address of the owner thereof.
(5) Where an attempt to serve a document on any person in the manner indicated in the foregoing provisions of this section has failed it shall be deemed to be an effective service of the document on such person if the notice of the document to be served is published in some prominent daily local Hindi newspaper.
### 87. Officers and other employees of the Authority to be public servants.
- Every officer and other employees of the Authority and every member of the Authority. Executive Committee, other committees, Functional Board and other bodies constituted under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act No. XLV of 1860).
### 88. Lump sum contribution by the Authority in lieu of taxes levied by local authorities.
(1) Subject to rules if any, that may be made under this Act, and regard being had to the fact that the Authority itself provides in the areas within the jurisdiction of any local authority all or any of the amenities which the local authority provides, then the Authority shall not be liable to pay the taxes including property taxes, if any, but it shall be lawful for the local authority to arrive at an agreement with the Authority, with the prior sanction of the State Government to receive a lump sum contribution from the Authority in lieu of all or any of the taxes levied or services rendered by the local Authority.
(2) Where no such agreement as is referred to in sub-section (1) can be reached, the matter may be referred to the State Government and the State Government may, after giving to the local authority and the Authority a reasonable opportunity of being heard, decide the amount of such contribution. The decision of the State Government shall be binding on both parties.
### 89. Deduction from salary or wages to meet claims of the Authority in certain cases.
(1) Any person dealing with the Authority may execute an agreement in favour of such Authority providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such a mount as may be specified in the agreement, and to pay to the Authority the amount so deducted in satisfaction of any debt or demand of the Authority against such person. Such an agreement shall be accompanied with a consent in writing of the employer.
(2) On the execution of such agreement, the employer shall, if so required by the Authority, by requisition in writing and so long as the Authority does not intimate that the whole of such debt or demand has been paid, make the deduction in accordance with the agreement, and pay the amount so deducted to the Authority as if it were a part of the salary or wages payable by the employer as required under the Payment of Wages Act, 1936 (Central Act No. 4 of 1936) on the day on which the employer makes payment.
(3) If, after the receipt of a requisition made under the foregoing sub-section, the employer at any time fails to deduct, the amount specified in the requisition from the salary or wages payable to such person or makes a default in remitting the amount deducted to the Authority, the employer shall be personally liable for the payment thereof; and the amount shall be recoverable on behalf of the Authority, from the employer as an arrear of land revenue.
### 90. Control by State Government.
(1) The Authority shall exercise its powers and perform its duties under this Act in accordance with the policy framed and the guidelines laid down, from time to time by the State Government for development of the areas in the Jaipur Region.
(2) The Authority shall be bound to comply with such directions which may be issued, from time to time, by the State Government for efficient administration of this Act.
(3) If, in connection with the exercise of the powers and the performance of the duties of the Authority under this Act, any dispute arises between the Authority and the State Government, the matter shall be decided by the State Government and its decision shall be final.
### 90A. [ Power to transfer.
[Inserted by Rajasthan 16 of 1994.]
- The officers and employees of the Authority may, in accordance with the rules made under section 95, be transferred, by the State Government, to any Urban Improvement Trust in the State.]
### 91. Power of Authority to call for returns, reports, etc.
- The Authority shall have power to call for any return, statement of accounts, reports, statistics or other information from any local authority or other authority in the Jaipur Region, or from any person which is required by it in the exercise of its powers and the performance of its duties under this Act or under any other law for the time being in force, and such authority or person shall be bound to furnish such information.
### 92. Act to override other laws.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force.
### 93. Delegation of Powers.
(1) The State Government may, by notification in the Official Gazette, delegate to any officer subordinate to it all or any power conferred on it by or under this Act, other than the power to make rules.
(2) The Authority may, by a resolution, delegate any of its powers and functions exercisable by it under this Act or regulations thereunder except the power to prepare any Master Development Plan, Zonal Development Plan or to make regulations to any officer of the Government, any local authority of other authority or body functioning in Jaipur Region or the Executive Committee, or any Functional Board or Jaipur Development Commissioner or any officer subordinate to it, subject to such conditions and restrictions as may be specified in the resolution:
Provided that the delegation of powers and functions under this sub-section to any officer of the Government, local authority or other authority or body shall be made with the consent of the State Government or local authority or other authority or body, as the case may be.
### 94. Local Authorities to continue to perform duties.
(1) Notwithstanding anything contained in this Act, all local authorities in Jaipur Region shall, continue to exercise their powers, perform their functions and discharge their duties which may not be inconsistent with any plan, project or scheme of the Authority.
(2) In the event of failure on the part of any local authority to carry out any plan, scheme, project or any direction given under this Act, the Authority, if it deems fit, for the development of Jaipur Region, with the sanction of the State Government and by an order published in the Official Gazette, may assume of the powers, functions and duties performed by any local authority from such date as may be specified in the order and in that case, such local authority shall, notwithstanding anything contained in any other law for the time being in force, cease to exercise such powers, functions and duties from the said date.
### 95. Power to make rules.
(1) The State Government may from time to time make rules for the purpose of carrying out general the provisions of this Act and regulation any particular matter thereunder which requires to be prescribed or in respect of which rules are required to be or may be made.
(2) All rules made by the State Government under this Act shall be published in the Official Gazette.
(3) All rules made under this Act shall be laid, as soon as may be after these are so made, before the House of the State Legislature, while it is in session for a total period of thirty days which maybe composed in one session or in two successive sessions, and if, before the expire of the session in which they are so laid, or of the session immediately following, the House of the State Legislature makes any modifications in any of such rules or re3solves that any such rule should not be made, such rules, shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
### 96. Power to make regulations.
(1) The Authority may, from time to time, make regulations for all or any of the matters to be provided under this Act by regulations for all or any of the matters to be provided under this Act by regulations and generally for all other matters for which provision is, in the opinion of the Authority, necessary for the exercise of its powers and the discharge of its functions and duties under this Act.
(2) No regulation made by the Authority under sub-section (1) shall take effect unless it is published in the Official Gazette.
(3) The State Government may, at any time by notification in the Official Gazette, repeal wholly or in part or modify any regulation made by the Authority provided that, before taking any action under this sub-section, the State Government shall communicate to the Authority the grounds on which it proposes to do so, fix a reasonable period for the Authority to show cause against the proposal and consider the explanation and objections, if any, of the Authority.
(4) The repeal or modification of any regulation shall take effect from the date of publication of the notification in the Official Gazette, if no date is therein specified, and shall not affect anything done or omitted or suffered before such date.
### 97. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion requires, but not later than two years from the date on which the Authority is established, by order, do anything, not inconsistent with the objects and purposes of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty.
### 98. Dissolution of the Authority.
(1) Where the State Government is satisfied that the purposes for which the Authority was established under this Act have been substantially achieved so as to render the continued existence of the Authority in the opinion of the State Government unnecessary, the Government may, by notification in the Official Gazette, declare that the Authority shall be dissolved with effect from such date as may be specified in the notification; and the Authority shall be deemed to be dissolved accordingly.
(2) From the said date-
(a) all assets, properties, funds and dues which are vested in, or realisable by the Authority shall vest in, or be realisable by the State Government;
(b) all land vesting in, belonging to or placed at the disposal of the Authority shall revert to the State Government;
(c) all liabilities which are enforceable against the Authority shall be enforceable against the State Government; and
(d) for the purpose of carrying out any development which has not been fully carried out by the Authority and for the purpose of realising assets, properties, funds and dues referred to in clause (a), the functions of the Authority s hall be discharged by the State Government.
### 99. Bar of jurisdiction of Civil Court.
(1) Save as otherwise provided in this Act, no civil court shall take cognizance of any matter which is required to be or may be decided by the Authority, Executive Committee, Jaipur Development Commissioner, Functional Board, any body thereof, the Tribunal or the State Government, under this Act.
(2) Save as otherwise expressly provided in this Act, an order passed or a direction given by the State Government to the Authority or an order passed or notice issued by the Authority under this Act shall be final and shall not be questioned in any suit or other legal proceeding.
### 100. Application of Rajasthan Public Premises (Eviction of Un-authorised Occupants) Act, 1964 to the Authority with certain modifications.
- The Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 (Rajasthan Act
No. 2 of 1965
) shall apply, to premises vesting in, belonging to. or taken on lease by the Authority as that Act applies in relation to public premises, subject to the following modifications in the Said Act, namely:-
(a) in section 2, for clause (b), there shall be substituted the following clause:-
"(b) 'Authority' means the Jaipur Development Authority established under the Jaipur Development Authority Act, 1982 and 'Authority premises' means any premises: vesting in, belonging to or taken on lease by that Authority";
(b) any reference to "public premises" in that Act shall be deemed to be reference to "Authority premises" and references to the "State Government" in sections 6, 10-A, 13, 14 and 15 thereof shall be deemed to be references to "the Authority"; and
(c) in section 3, for clause (a), there shall be substituted the following clause:-
"(a) appoint such officers, being Gazetted Officers of Government, or officers of equivalent rank of the Authority as it thinks fit to be estate officers for the purpose of this Act;"
### 101. Dissolution of the Urban Improvement Trust, Jaipur and savings.
(1) Notwithstanding anything contained in the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act 35 of 1959), hereinafter referred to as the 'said Act, and the rules, regulations and bye- laws made thereunder, as from the date of the constitution of the Authority for the Jaipur Region under this Act, hereinafter referred to as such constitution-
(a) the urban area of Jaipur shall cease to vest in the Urban Improvement Trust, Jaipur (hereinafter referred to as the Trust) and the Trust shall cease to exercise jurisdiction or the function in that area;
(b) the Trust functioning in the area covered by the urban area of Jaipur, immediately before such constitution, shall stand dissolved;
(c) all land, buildings and other immovable properties (together with all interests of whatever nature and kind therein) situated in urban area of Jaipur and vested in the Trust for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Authority so constituted;
(d) all stores, articles or other movable properties belonging to the Trust held by it for the purpose of carrying out or undertaking development or improvement in such area, immediately before such constitution, shall pass on to and vest in the Authority so established.
(e) all assessments, valuations, measurements or divisions made by the Trust immediately, before such constitution in or in connection with such area, shall, in s o far as they are not inconsistent with the provisions of this Act, continue and be deemed to have been made under the provisions of this Act, unless and until they are superseded by any assessment, valuation, measurement or division made by the Authority;
(f) all plans, schemes for the development or improvement of any area declared as the urban area of Jaipur and prepared under the said Act shall in so far as they are not inconsistent with the provisions of this Act, be deemed to have been prepared under this Act and any such plan or scheme which was in force immediately before the commencement of this Act, shall continue to be in force so long it is not otherwise dealt with under this Act;
(g) all records and papers belonging to the Trust and relating to the development or improvement of such area, including the plans and schemes and papers relating thereto, as are referred to in clause (f) shall vest in and stand transferred to the Authority;
(h) every officer or servant serving under the Trust immediately before such constitution shall, on or from such constitution, be deemed to have been transferred temporarily for a period of six months to the Authority within which period until otherwise extended by it, the Authority shall, after their screening in such manner as may be determined by regulations, absorb them in the service of the Authority on such posts and with such designations, as the Authority may determine. The Officers and servants so absorbed in the service of the Authority may hold office by the same tenure, at the same remuneration and on the same terms and conditions of service as they would have held if the Authority had not been constituted, and shall continue to so hold unless and until such tenure, remuneration and terms and conditions are duly altered by the Authority. Such of the officers and servants who are not absorbed by the Authority under its service shall be deemed to be surplus officers and servants of the Trust and shall be absorbed by the State Government in the service of any local authority or other authority as the State Government may deem fit, on such posts, with such designations on such salary and allowances and on such terms and conditions of service, as may be prescribed but they shall not be absorbed on posts on terms, which are less advantageous to them in the matter of salary and allowances:
Provided that-
(i) any service rendered by any officer or servant so absorbed before such constitution shall be deemed to be service rendered under the Authority; and
(ii) the surplus officers and servants not so absorbed shall be continued in the service of the Authority and their salary and allowances shall be paid out of the Fund of the Authority until they are absorbed by the State Government, as aforesaid;
(i) anything done or any action taken including any appointment, delegation, order, scheme, rule, bye-laws, regulation or form made or notification issued or permission granted under the said Act so far as it is not inconsistent with the provisions of this Act continue in force and be deemed to have been done or taken under the provisions of this Act unless and until it is superseded by anything done or any action taken under the said provisions;
(j) all debts, obligations and liabilities incurred, all contracts entered into, all allotments and transfers of land made, and all matters and things engaged to be done in or as respects the area covered by the urban area of Jaipur, by, with or for the Trust for such area shall, immediately before such constitution be deemed to have been incurred, entered into, made or engaged to be done by, with or for the Authority;
(k) notwithstanding anything contained in this Act, the validity of any declaration of application, publication, notification, appointment, order, allotment of land proposal award, proceeding, consultation, inquiry, certification, compromise, sanction, agreement, notice, approval, decision, dispute, withdrawal of any legal proceeding, final scheme or act made, held, issued, entered into, given, taken, decided, drawn up, or done, before such constitution, by or on behalf of the Trust, shall be deemed as if they were made, held, issued, entered into, given, taken, decided, drawn up or done under this Act by or on behalf of the Authority;
(l) all compromises, defence on withdrawals, made in or from any legal proceeding, any offence compounded or any claim admitted, by or on behalf of the Trust before such constitution shall be deemed to have been made by or on behalf of the Authority and may be enforced by or against the Authority as effectively as they could be enforced by or against the Trust before such constitution;
(m) all suits, prosecutions and other legal proceedings instituted by, for, or against the Trust may be continued or instituted by, for, or against the Authority;
(n) all properties movable and immovable and all rights, title and interest in any property vested in the Trust shall vest in the Authority and all such properties in possession of the Trust shall be deemed to be in possession of the Authority;
(o) all rents, fees and other sums of money due to the Trust shall be deemed to be due to the Authority; and
(p) all sums or charges which the Trust was, immediately before such constitution, entitled to levy, assess and recover for or in respect of development or improvement of any land in the urban area of Jaipur, may continue to be levied, assessed and recovered by the Authority under the corresponding provisions of this Act.
(2) Where any acquisition proceedings have been started under the provisions of the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act No. 35 of 1959) or the Rajasthan Land Acquisition Act, 1953 (Rajasthan Act No. 24 of 1953) or under any other law for the time being in force for any of the purposes of the Trust, shall be continued and completed under and in accordance with the provisions of such laws as aforesaid.
### 102. Repeal and Savings.
(1) The Jaipur Development Authority Ordinance, 1982 (Ordinance No. 4 of 1982) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Jaipur Development Authority Ordinance, 1982 shall be deemed to have been done or taken under this Act as if this Act had come into force on 14th day of July, 1982.
I
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[See clause (7) of Section 2]
List of City, Towns and Villages Falling in Jaipur Region
| | | |
| --- | --- | --- |
|
A. City
|
172.
|
Murlipura
|
|
1.
|
Jaipur City
|
173.
|
Narsinghpura
|
|
B. Towns
|
174.
|
Chainpura
|
|
2.
|
Sanganer.
|
175.
|
Mahal
|
|
3.
|
Arner
|
176.
|
Shri Kishanpura
|
|
4.
|
Bagaru
|
177.
|
Jirota
|
|
5.
|
Bhomu
|
178.
|
Jaisinghpura
|
|
6.
|
Bassi
|
179.
|
Goner
|
|
C. Villages Tehsil-Jaipur
|
180.
|
Salagrampura
|
|
7.
|
Manpura Sarva
|
181.
|
Chak Salagrampura
|
|
8.
|
Kilangarh
|
182.
|
Vainalpura
|
|
9.
|
Vijay Mahal
|
183.
|
Jaichandpura
|
|
10.
|
Santok Sagar
|
184.
|
Vidhani
|
|
11.
|
Talkatora
|
185.
|
Ramchandrapura
|
|
12.
|
Nahargarh
|
186.
|
Khoosar
|
|
13.
|
Moti Katla
|
187.
|
Maharajpura
|
|
14.
|
Badanpura
|
188.
|
Rampura
|
|
15.
|
Galta
|
189.
|
Bilwa
|
|
16.
|
Jamroli
|
190.
|
Rajpura Mathura
|
|
17.
|
Chak Bhawani Shankarpura
|
191.
|
Prahaladpura
|
|
18.
|
Mahadeopura
|
192.
|
Ajairajpura
|
|
19.
|
Moti Dungri
|
193.
|
Nanakpura
|
|
20.
|
Bhawani Shankarpura
|
194.
|
Jaimohanpura
|
|
21.
|
Kishanpole
|
195.
|
ChakAsabh
|
|
22.
|
Hathroi
|
196.
|
Bas Bilwa
|
|
23.
|
Bhojpura
|
197.
|
Manpura Naglya
|
|
24.
|
Chak Sunder-Ka-Bas
|
198.
|
Srilanmipura
|
|
25.
|
Rarnpura Rupa
|
199.
|
Khetipura
|
|
26.
|
Manpura
|
200.
|
Chak Watka
|
|
27.
|
Sudershanpura
|
201.
|
Ramjipura
|
|
28.
|
Kartarpura
|
202.
|
Kanarpura
|
|
29.
|
Sewage Farm
|
203.
|
Shampura Bhatia
|
|
30.
|
Chak Sudershanpura
|
204.
|
Bari Ka Khera
|
|
31.
|
Sodala
|
205.
|
Jaisinghpura
|
|
32.
|
Brij Lalpura
|
206.
|
Sri Ram Ki Nangal
|
|
33.
|
Chak Choohawas
|
207.
|
SawaraWala
|
|
34.
|
Choohawas
|
208.
|
Sukhpura
|
|
35.
|
Prempura
|
209.
|
Barhshyopur
|
|
36.
|
Madrampura
|
210.
|
Laxmipura
|
|
37.
|
Hasanpura
|
211.
|
lndrapura
|
|
38.
|
Barodia
|
212.
|
Sitapur
|
|
39.
|
Bassi Sitarampura
|
213.
|
Sukhdeopura alias Rampura Nataniwala
|
|
40.
|
Chak HHasanpura
|
214.
|
Firozpur
|
|
41.
|
Shajpura
|
215.
|
Ashawala alias Yashonandpura
|
|
42.
|
Jagannathpura
|
216.
|
Shosinghpura
|
|
43.
|
Saliawas
|
217.
|
Khedi Gokulpura
|
|
44.
|
Birhhati
|
218.
|
Maharajpura alias Basawala
|
|
45.
|
Khatipura
|
219.
|
Govindpura
|
|
46.
|
Jhotwara
|
220.
|
Sikarpura
|
|
47.
|
Parsrampura
|
221.
|
Garwar Brahman
|
|
48.
|
Kishanbagh
|
222.
|
Badanpura
|
|
49.
|
Bir Paper
|
223.
|
Purshottampura alias Dadiya
|
|
50.
|
Bir Sarkari
|
224.
|
Ganwar Jatan
|
|
51.
|
Mahapura alias Kukarkhera
|
225.
|
Bhateda
|
|
52.
|
Shri Murlipura
|
226.
|
Lakhnna
|
|
53.
|
Chimandi
|
227.
|
Sitarampura
|
|
54.
|
Nangal Jaisabora
|
228.
|
Khorampura alias Jatanwala
|
|
55.
|
Hamathpura
|
229.
|
Shampura
|
|
56.
|
Govindpura
|
230.
|
Manyorayawala
|
|
57.
|
Chak Pithawas Badram
|
231.
|
Raghunathpura alias Ratalya
|
|
58.
|
Gokalpura
|
232.
|
Sri Rampura
|
|
59.
|
Bishnawala
|
233.
|
Balyawala
|
|
60.
|
Lawas alias Minawala
|
234.
|
Govindpura Achrawala
|
|
61.
|
Kanakpura
|
235.
|
Jagannathpura
|
|
62.
|
Pancha Ki Nangal alias Panchawala
|
236.
|
Mahasinghpura
|
|
63.
|
Lalarpura
|
237.
|
Abhaispura Jaisinghpura
|
|
64.
|
Girdharipura
|
238.
|
Tejawala
|
|
65.
|
Hirapura
|
239.
|
Muhana
|
|
66.
|
Badrawas
|
240.
|
Bir Sarkari
|
|
67.
|
Gajsinghpura
|
241.
|
Jagatsiromanipura
|
|
68.
|
Dhaowas
|
242.
|
Mohanpura
|
|
69.
|
Sirsi
|
243.
|
Madau
|
|
70.
|
Chak Pithawas alias Jaipur-ka-Bas
|
244.
|
Chak Harbanspura
|
|
71.
|
Kishorepura Charnan
|
245.
|
Narotampura
|
|
72.
|
Nanusar
|
246.
|
Ramsinghpura alias
|
|
73.
|
Vijaipura bas Nanusar
|
247.
|
Jaisinghpura
|
|
74.
|
Siwar
|
248.
|
Dehmi Kalan
|
|
75.
|
Nimeda
|
249.
|
Badi-Ka-Kheda
|
|
76.
|
Bindaika
|
250.
|
Ghega-Ka-Kheda
|
|
77.
|
Mukandpura
|
251.
|
Chimanpura
|
|
78.
|
Hatod
|
252.
|
Bagru Kalan
|
|
79.
|
Bir Hatod
|
253.
|
Machela
|
|
80.
|
Peotawas
|
254.
|
Harmada
|
|
81.
|
Niwaru
|
255.
|
Badarna
|
|
82.
|
Lalchandpura
|
256.
|
Bir Jaisala
|
|
83.
|
Chak Baori
|
257.
|
Kishanpura Lalwas
|
|
84.
|
Maksudanpura alias Mansarampura
|
258.
|
Chak Amer No. 1
|
|
85.
|
Baori
|
259.
|
Nangal Susawathan
|
|
86.
|
Basdi
|
260.
|
Chak Amer No. 2
|
|
87.
|
Sarana Dungar
|
261.
|
Chimanpura
|
|
88.
|
Purshottampura alias Boytawala
|
262.
|
Khurd
|
|
89.
|
Jaisinghpura Khor
|
263.
|
Lalwas
|
|
90.
|
Meenawala
|
264.
|
Nestiwas
|
|
91.
|
Rampura alias Roopaki-Nangal
|
265.
|
Bir Taleda
|
|
92.
|
Malpura Doongar
|
266.
|
Bara Gaon Jarkhiya
|
|
93.
|
Bir Malpura
|
267.
|
Sisawas
|
|
94.
|
Malpura Chaur
|
268.
|
Mayla Bagh
|
|
95.
|
Sumer
|
269.
|
Jaisla
|
|
96.
|
Ballupura
|
270.
|
Akora Doongar
|
|
97.
|
Vijaipura
|
271.
|
Lachmi Narayanpura
|
|
98.
|
Bagrana
|
272.
|
Akhepura
|
|
Tehsil-Sanganer
|
273.
|
Vishangarh
|
|
99.
|
Shri Ramgopalpura
|
274.
|
Kherwari
|
|
100.
|
Keshopura
|
275.
|
Daulatpiira Kotra
|
|
101.
|
Bhan Krota Kalan
|
276.
|
Rampura
|
|
102.
|
Hasanpura bas Bhankrota
|
277.
|
Looniyawas
|
|
103.
|
Chimanpura
|
278.
|
Sevapura
|
|
104.
|
Shri Rampura bas Bhandrota
|
279.
|
Chak Hanuxnanpura
|
|
105.
|
Asarpura
|
280.
|
Udaipura
|
|
106.
|
Singarpura
|
281.
|
Deeppura
|
|
107.
|
Ganpatpura
|
282.
|
Ramliyawala
|
|
108.
|
Chak Ganpatpura
|
283.
|
Chak Nangal
|
|
109.
|
Mangalwas
|
284.
|
Rampura
|
|
110.
|
Nand Kishorepura alias Mangyawas
|
285.
|
Nindar
|
|
111.
|
Anandpura-Sikelpura
|
286.
|
Benad with Dolatpura
|
|
112.
|
Deori
|
287.
|
Biharipura
|
|
113.
|
Gopalpura
|
288.
|
Jahota
|
|
114.
|
Ramsinghpura was Medau
|
Tehsil-Jamwa Ramgarh
|
|
115.
|
Jhalana Chor
|
289.
|
Kookas
|
|
116.
|
Sukhalpura
|
290.
|
Harwar
|
|
117.
|
Manpura Deori
|
291.
|
Achrol
|
|
118.
|
Ramsinghpura was Dholai
|
292.
|
Khora
|
|
119.
|
Balrampura alias Khejda-ka-bas
|
293.
|
Ajabgarh
|
|
120.
|
Badh Mohanpura
|
294.
|
Natata
|
|
121.
|
Kalyanpura
|
295.
|
Naradpura
|
|
122.
|
Sukhia
|
296.
|
Chak Saiwar
|
|
123.
|
Jaitpura Hajyawala
|
297.
|
Rampura
|
|
124.
|
Madrampura
|
298.
|
Chainpura
|
|
125.
|
Kailashpura Kokawas
|
299.
|
Indargarh
|
|
126.
|
Ramsinghpura
|
300.
|
Malawala
|
|
127.
|
Jaitawala
|
301.
|
Jamwa Ramgarh
|
|
128.
|
Rambala
|
302.
|
Dhaupura
|
|
129.
|
Shopura
|
303.
|
Moondla
|
|
130.
|
Dhelawas
|
304.
|
Chak Malya Ki Nangal
|
|
131.
|
Lachmi Damodarpura alias Nagariyawala
|
305.
|
Khushalpura
|
|
132.
|
Chak Gaitor
|
306.
|
Chak Chainpura
|
|
133.
|
Budh Singhpura
|
307.
|
Saipura
|
|
134.
|
Khokawas
|
308.
|
Chawand Ka Mand
|
|
135.
|
Dholi-Ka-bas
|
309.
|
Palera
|
|
136.
|
Surajpura
|
310.
|
Rupwas
|
|
137.
|
Gaitor
|
311.
|
Dagarwala
|
|
138.
|
Chainpura
|
312.
|
Badh Raghudaspura
|
|
139.
|
Durgapura
|
313.
|
Lagariyawas
|
|
140.
|
Ramjipura
|
314.
|
Mathurdaspura
|
|
141.
|
Khalana Doonagar
|
315.
|
Guwardi
|
|
142.
|
Chak Daula
|
Tehsil-Bassi
|
|
143.
|
Bindaika
|
316.
|
Dyorha Chor
|
|
144.
|
DHula
|
317.
|
Ram Ratanpura
|
|
145.
|
Jagat Pura
|
318.
|
Harchandpura
|
|
146.
|
Manoharpura
|
319.
|
Hirawala
|
|
147.
|
Bad Tilawala
|
320.
|
Hardhyanpura
|
|
148.
|
Tilawala
|
321.
|
Mukandpura
|
|
149.
|
Toda Ramjanpura
|
322.
|
Kanota
|
|
150.
|
Kho-Nagorian
|
323.
|
Mohanpura
|
|
151.
|
Paldi Meena
|
324.
|
Dudawala
|
|
152.
|
Luniawas
|
325.
|
Ramsinghpura
|
|
153.
|
Hirapura
|
326.
|
Hingoni
|
|
154.
|
Khori
|
327.
|
Bhatesari
|
|
155.
|
Lakhesara
|
328.
|
Bhoorthol
|
|
156.
|
Govindpura Roophara
|
329.
|
Kanarwas
|
|
157.
|
Bhavgarh
|
330.
|
Geetawala
|
|
158.
|
Sri Govindpura
|
331.
|
Girdharpura
|
|
159.
|
Dantli
|
332.
|
Sri Rampura
|
|
160.
|
Chatarpura alias Kalyanpura
|
333.
|
Sindoli
|
|
161.
|
Khatipura alias Kalyanpura
|
Tehsil-Chaksu
|
|
162.
|
Gilaria
|
334.
|
Khera Jagannathpura
|
|
163.
|
Khorebariayan
|
335.
|
Gordhanpura
|
|
164.
|
Udaipura Gilaria
|
336.
|
Ramjanipura
|
|
165.
|
Govindpura alias Chak Karol
|
337.
|
Shivdaspura
|
|
166.
|
Jaipura
|
338.
|
Dhanod
|
|
167.
|
Bhairoo Karol
|
339.
|
Biharipura
|
|
168.
|
Ramnagariya
|
340.
|
Jainandpura
|
|
169.
|
Jhunjharpura
|
341.
|
Ramjipura
|
|
170.
|
Seesyawas
|
342.
|
Chandlai
|
|
171.
|
Siroli
|
|
|
[Schedule-II]
[Deleted by Rajasthan 30 of 1987.]
|
65b918c6ab84c7eca86e84a3 | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972
---------------------------------------------------------
UTTAR PRADESH
India
The U.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972
=========================================================
Act 19 of 1972
----------------
* Published on 24 April 1972
* Commenced on 24 April 1972
The U.P. Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972
(U.P. Act
19 of 1972
)
[Dated 24th April, 1972]
Received the Assent of the Governor on April 24, 1972 under Article 200 of the Constitution of India and was published in the Uttar Pradesh Gazette, Extraordinary, dated April 25, 1972.
An Act to provide, in the public interest, for creation of State monopoly in the purchase and distribution of tendu leaves and for matters connected therewith
It is hereby enacted in the Twenty-third year of the Republic of India as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972.
(2) It extends to the whole of Uttar Pradesh.
(3) [ It shall be deemed to have come into force, in the districts of Allahabad, Mirzapur, Banda, Hamirpur, Jhansi and Varanasi on March 2, 1972, and shall come into force in the rest of Uttar Pradesh on such date as the State Government may by notification in the Gazette, appoint, and different [dates]
[Substituted by U.P. Act 6 of 1973, Section 2.]
may be appointed for different areas of Uttar Pradesh].
### 2. Definitions.
- In this Act, unless the context otherwise requires-
(a) "agent" in relation to a unit, means an agent appointed under Section 4 in respect of such unit;
(b) "unit" means a unit, constituted under Section 3;
(c) "tenure-holder" means a bhumidhar, sirdar, asami, Government lessee or other Government grantee;
(d) "grower of tendu leaves" means-
(i) in respect of tendu leaves grown on land which is for the time being vested in and held by the State Government or constituted as a reserved forest or protected forest under the Indian Forest Act, 1927 (Act XIV of 1927)- the State Government.
(ii) in respect of tendu leaves grown on land which is for the time being vested in and held by a Gaon Sabha or other local authority- such Gaon Sabha or other local authority;
(iii) in respect of tendu leaves grown on land which is for the time being held by a tenure-holder- such tenure holder;
(iv) in respect of tendu leaves grown on land which is for the time being held by a mortgagee in possession or tenant or lessee on behalf of the State Government or such Gaon Sabha, local authority or tenure-holder as aforesaid- such mortgagee in possession, tenant or lessee, as the case may be;
(v) in respect of tendu leaves grown on land which is for the time being in the custody of a receiver appointed by a court or by some other authority in exercise of a power conferred by law- such receiver;
(vi) in respect of tendu leaves of on land which is for the time being held by any other person- such person;
(e) "appointed day" in relation to any area, means the day on which this Act comes into force in that area;
(f) [ "year" means the year beginning on the first day of January]
[Substituted by U.P. Act 6 of 1973, Section 3.]
;
(g) "prescribed" means prescribed by rules made under this Act;
(h) words and expressions used but not defined in this Act, and defined in the Indian Forest Act, 1927 (Act XIV of 1927), shall have the meanings assigned to them in that Act.
### 3. Constitution of Units.
- The State Government may divide any area into such number of units as it may deem fit.
### 4. Appointment of agents.
(1) The State Government may, for the purpose of purchase of and trade in tendu leaves on its behalf, appoint agents in respect of different units, and any such agent may be appointed in respect of more than one unit.
(2) The terms and conditions of and the procedure respecting, such appointment shall be such as may be prescribed.
### 5. Restrictions on sale, purchase and transport of tendu leaves.
- [(1) ]
[Section 5 shall be re-numbered as sub-section (1) by U.P. Act 6 of 1973, Section 4.]
On and after the appointed day-
(a) no person shall sell tendu leaves to any person other than the State Government or an officer of the State Government authorised by it in that behalf or an agent in respect of the unit in which the leaves have grown;
(b) no person other than such Government, officer or agent shall purchase tendu leaves from any person other than such Government officer or agent, or collect tendu leaves grown on any land of which he is not owner or tenure-holder;
(c) no person other than such Government, officer or agent shall transport tendu leaves except in the following cases namely :
(i) where he being a grower of tendu leaves transports them from any place within the unit wherein such leaves have grown to any other place in that unit; or
(ii) where he transports them on behalf of such Government officer or agent; or
(iii) where he has purchased the leaves from such Government officer or agent either for the manufacture of bidis within Uttar Pradesh or for sale of the leaves outside Uttar Pradesh, and he transports them outside the unit in accordance with the terms and conditions of a permit issued in that behalf by such authority and in such manner as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1) the State Government or an officer of the State Government authorised by it in that behalf may on such terms and conditions and in such manner as may be prescribed,-
[(a) permit any person who had purchased tendu leaves in the year 1971 or earlier,-
(i) to sell such leaves to any person other than the State Government or an officer or agent referred to in clause (a) of sub-section (1), and permit any person other than such Government, officer or agent to purchase the said leaves; or
(ii) to transport such leaves to any place within Uttar Pradesh or to export them outside Uttar Pradesh; or
(b) permit any person referred to in sub-clause (iii) of clause (c) of subsection (1) to sell within Uttar Pradesh any tendu leaves which he has been unable to utilise in the manufacture of bidis within Uttar Pradesh or, as the case may be, to export outside Uttar Pradesh; or
(c) permit any person, who has purchased any tendu leaves outside Uttar Pradesh to bring them inside the State either for manufacture of bidis within the State or for transporting them elsewhere outside Uttar Pradesh; or
(d) permit any person, who has purchased any tendu leaves within Uttar Pradesh outside any area to which this Act applies to transport them to any area to which this Act applies for the manufacture of bidis.]
(3) [ A person to whom a permit referred to in clause (b) or clause (c) of clause (d) of sub-section (2) is granted shall be liable to pay, in the manner prescribed, a tax at the rate of three rupees per standard bag of tendu leaves.]
[Substituted by U.P. Act 5 of 1980, Section 2 (w.e.f. 28th September, 1979).]
### 5A. [
[Inserted by U.P. Act 15 of 1979, Section 2 (w.e.f. 7th April, 1979).]
(1) Notwithstanding anything contained in this Act but subject to Section 16, the State Government or an officer empowered by it by general or special order in this behalf, may, by permit, authorise in the manner prescribed a person to whom the State Government has sold or with whom it has agreed to sell tendu leaves to collect the same on its behalf directly form the grower of tendu leaves, on payment of price thereof to such growers.
(2) The permit referred to in sub-section (1) shall specify the estimated quantity sold, the name of the grower of tendu leaves, the amount required to be paid to such grower and such other particular as may be prescribed.
(3) A person authorised under sub-section (1) shall be deemed to be an agent for all or any of the purposes of this Act as may be prescribed, but shall not be entitled to payment of any amount by way of commission or otherwise for the collection of tendu leaves.]
[Inserted by U.P. Act No. 6 of 1973, Section 4.]
### 6. Constitution of Advisory Committee.
(1) The State Government shall for each year constitute for each such Division of a Commissioner, where tendu leaves grow, an Advisory Committee which shall consist of not more than nine members nominated by the State Government :
Provided that not more than one-third of such members shall be from amongst persons who are growers of tendu leaves.
(2) The Advisory Committee for each division shall advise the State Government in the matter of fixation from time to time of a fair and reasonable price at which tendu leaves offered for sale may be purchased by or on behalf of the State Government in that division, and also on such other matters as may be referred to it by the State Government.
(3) The business of the Committee shall be conducted in such manner as may be prescribed.
### 7. Fixation of price by State Government.
(1) The State Government shall, having regard to the following among other factors, fix the rate at which tendu leaves shall be purchased by or for [\* \* \*]
[The words 'from grower of tendu leaves' omitted by U.P. Act 6 of 1973, Section 5.]
in each unit of the division during the year namely-
(a) the price of tendu leaves, if any, fixed under this Act during the preceding three years in respect of the unit;
(b) the quality of the leaves grown in the unit;
(c) the transport facilities available in the unit;'
(d) the cost of transport; and
(e) the general rate of wages for unskilled labour prevalent in the unit.
(2) The price so fixed shall be published [\* \* \*]
[The words 'before such date and omitted by U.P. Act 16 of 1973, Section 2.]
in such manner as the State Government may direct, [and shall not be reduced]
[Substituted by U.P. Act 16 of 1973, Section 2 for the words 'and shall not be altered'.]
during the year to which it relates.
(3) Where an Advisory Committee has been constituted under Section 6 before the fixation of price under sub-section (1), the Advisory Committee shall, wherever practicable, be consulted by the State Government before such fixation.
### 8. State Government to purchase all tendu leaves offered for sale.
(1) The State Government shall be bound to purchase at the price fixed under Section 7 all tendu leaves offered for sale to or for it during the normal hours of business at a depot set up by the State Government in that behalf :
Provided that it shall be open to an officer of the State Government or agent, as the case may be, appointed in that behalf to refuse to purchase any leaves which in his opinion are not fit for the purpose of manufacture of bidis.
(2) Any person aggrieved by the rejection of his leaves by an officer or agent under the proviso to sub-section (1), may, within fifteen days therefrom, and in the manner prescribed, complain to the Divisional Forest Officer, or such other officer as may be empowered by the State Government in that behalf.
(3) On receipt of a complaint under sub-section (2), the officer concerned shall hold summary inquiry and pass such order as he may deem fit, and in case finds the rejection of the leaves to be improper he may-
(a) if he considers the leaves in question still suitable for manufacture of bids, direct the authorised officer or agent, as the case may be, to purchase the same and also direct the payment to the person aggrieved of such compensation not exceeding twenty per centum of the price of the leaves payable to him, as he may deem fit; or
(b) if he considers that leaves in question have since become unsuitable for manufacture of bidis, he direct the authorised officer or agent, as the case may be to pay to the person aggrieved an amount equivalent to the price of such leaves payable to him under subsection (1) and such further compensation not exceeding ten per centum of such price as may deem fit by way of damages for the loss suffered by such person.
(4) Notwithstanding, anything in sub-section (1), where the State Government or its authorised officer or agent has reason to believe that any tendu leaves offered for sale were grown on any land which is vested in and held by the State Government or which is constituted as reserved forest in and protected forest, such leaves may be appropriated without payment of price; and on payment only of such collection charges, if any, as the State Government may, from time to time, determine.
(5) The provisions of sub-sections (2) and (3) shall mutatis mutandis apply in relation to any action taken under sub-section (4).
(6) Every order passed under this section shall be final and shall not be called in question in any Court.
### 9. Registration of growers, etc.
(1) Every grower of tendu leaves other than the State Government or a Gaon Sabha or other local authority shall, if the quantity of leaves grown by him during a year is likely to exceed such quantity as may be prescribed, get himself registered in the prescribed manner.
Registration of manufacturer of bidis and exporter of tendu leaves. - (2) Every manufacturer of bidis and every export of tendu leaves shall get himself registered on payment of such fee and in such manner as may be prescribed.
### 10. Disposal of the leaves.
- Tendu leaves purchased by or for the State Government shall be sold or otherwise disposed of in such manner as the State Government may direct.
(2) The sale of tendu leaves in respect of which the grower is the State Government or a Gaon Sabha or other local authority shall be governed by, and where the Government sells or causes to be sold the tendu leaves grown in any area in respect of a part of which the grower is the State Government and in respect of another part of which the grower is a Gaon Sabha or other local authority the net proceeds of such shall be apportioned between the State Government and such Gaon Sabha or other local authority in accordance with, any general or special order of the State Government issued in that behalf.
### 11. Delegation of powers.
- The State Government may, by general or special order, delegate any of its powers or functions under this Act or the rule made thereunder to any officer not below the rank of an Assistant Conservator of Forests, who shall exercise or perform the same subject to such conditions or restrictions, if any, as the State Government may specify in the order.
### 12. Powers of entry, search, seizure, etc.
(1) Any police officer not below the rank of a sub-inspector or any forest officer may, with a view to securing compliance with the provisions of this Act or the rules made thereunder or to satisfying himself that the said provisions have been complied with-
(i) stop and search any person, boat, vehicle or receptacle used or intended to be used for the transport of tendu leaves;
(ii) enter and search any place;
(iii) seize tendu leaves in respect of which suspects that any provision of this Act or the rules made thereunder has been, is being or is about to be contravened alongwith the receptacle containing such leaves, or the vehicles or boats used in carrying such leaves.
(2) The provisions of Sections 102 and 103 of the [Code of Criminal Procedure, 1898, (Act No. V of 1898)]
[Now see under same sections of Code of Criminal Procedure, 1973 (2 of 1974)]
of relating to search and seizure shall, so far as may be, apply to searches and seizures under this section.
### 13. Penalty.
- If any person contravenes any of the provisions of this Act or the rules made thereunder he shall be deemed to have committed a forest offence and the tendu leaves, if any, in respect of which such offence is committed shall, in relation to the commission of such offence, be deemed to be forest produce, and the provisions of Chapter IX of the Indian Forest Act, 1927, as amended in its application to Uttar Pradesh (excepting Section 69) shall accordingly apply with necessary modifications.
### 14. 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, secretaries and treasurers, director, manager, or other officer of the company, such managing agent, secretaries and treasurers, 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 purposes of this section-
(a) "company" means and 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.
### 15. Congnizance of offences.
- No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by any Forest Officer not below the rank of a Divisional Forest Officer or by any other officer as may be empowered by general or special order of the State Government in that behalf.
### 16. Provisions of Act to have over-riding effect.
- The provisions of this Act shall have effect notwithstanding anything inconsistents therewith contained in any other law or any contract or other instrument.
### 17. Savings in respect of acts done 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 the rules made thereunder.
(2) No suit or other legal proceedings shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of the provisions of this Act or the rules made thereunder or by anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
### 18. Powers to make rules.
(1) The State Government [may by notification in the Gazette make rules]
[Substituted by U.P. Act 6 of 1973, Section 6 (i) , for the words 'may make rules'.]
for carrying out purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rule may provide for all or any of the following matters, namely :
(a) the procedure to be followed in making appointment of agent;
(b) the publication of the price lists of tendu leaves;
(c) the manner of holding inquiries under this Act;
(d) [ the authority by whom, the manner in which and the conditions subject to which, permits may be issued under Section 5 and the manner in which tax under sub-section (3) of Section 5 shall be paid or realised;]
[Substituted by U.P. Act 5 of 1980, Section 3 (w.e.f. 28th September, 1979).]
(e) the manner of registration under Section 9, the period within which such registration shall be made, and the fee payable under subsection (2) thereof;
(f) the guiding principles for the determination of compensation under sub-section (3) of Section 8;
(g) any other matter which has to be, or may be, prescribed.
(3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days, extending in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
(4) [ Notwithstanding anything contained in sub-section (3), any rules made within one year from the commencement of this Act may be made retrospectively to a date not earlier than the commencement of this Act.]
[Inserted by U.P. Act No. 6 of 1973, Section 6 (iii) .]
### 19. Transitory provisions.
- Where at any time between July 1, 1971 and February 24, 1972 any grower of tendu leaves had entered into any contract for the sale of tendu leaves expected to be grown by him during the year 1972 to any trader and obtained and advance from such trader towards the price of the leaves expected to be delivered to the trader under such contract, then notwithstanding that by virtue of the provisions of Sections 5 and 16 such contract shall have become void on the appointed day the said grower and trader may make a joint application before the Divisional Forest Officer or an officer authorised by him in that behalf giving particulars of such advance and thereupon the said officer, on being duly satisfied that the application has been voluntarily made by the grower, may direct the officer or agent referred to in Section 8 to pay on behalf of the grower to such trader a sum, not exceeding the total unpaid amount of the advance without any interest or compensation out of the price due to the grower for leaves sold under Section 8, and the liability of the State Government or the agent to the grower and of the grower to the trade shall to the extent of such payment stand discharged, and the grower shall not be liable to pay any interest or compensation in respect of such advance.
### 20. Validation.
- The Notification No. 1942/XIV-2-71-72, dated March 29, 1972, published by the State Government in the Gazette, dated March 30, 1972, by which applications were invited for appointment as agents for units and the Tender Notice No. 186-XIV/II-72, dated March 22, 1972, issued by the State Government by which tenders were invited from persons desirous of purchasing tendu leaves collected or likely to be collected by the State Government or by its officers or agents and anything done or any action taken in pursuance of the said notices shall be deemed to be and always to have been as valid as if the rules made by the State Government under Section 18 and published in the Gazette, dated March 17, 1972 had come into force on March 17, 1972.
### 21. Repeal.
- [(1) ]
[Section 21 renumbered as sub-section (1) by U.P. Act 6 of 1973, Section 7.]
The Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhyadesh, 1972 (U. P. Ordinance No. 1 of 1972), 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, as if this Act was in force at all material times.]
[Inserted by U.P. Act No. 6 of 1973, Section 7.]
Notifications
Notification No. 914/14-2-68-72, dated March 11, 1974, published in U. P. Gazette, Extraordinary, dated 11th March, 1974, p. 1. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors, is pleased to fix for the year beginning on the first day of January, 1974, the price as Rs. 22.50 (Rupees twenty-two and paise fifty only) per standard bag of tendu leaves in all the districts in which the said Adhiniyam has come into force and tendu leaves shall be purchased by the State Government, its duly authorised officers or agents at such price.
Notification No 851/14-2-68-72, dated March 10, 1975, published in U. P. Gazette, Extraordinary, dated 10th March, 1975, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors, is pleased to fix for the year beginning on the first day of January, 1975, the price as Rs. 25.00 (Rupees twenty-five only) per standard bag of tendu leaves in all the districts in which the said Adhiniyam has come into force and tendu leaves shall be purchased by the State Government, its duly authorised officers or agents at such price.
Notification No. 325/14-2-259-76, dated January 25, 1978, published in U. P. Gazette, Part I, dated 18th February, 1978, p. 432. - In exercise of the powers under the sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors, is pleased to fix for the year beginning on the first day of January, 1978, the price as Rs. 27.50 (Rupees twenty-seven and paise fifty only) per standard bag of tendu leaves in all the districts in which the said Adhiniyam has come into force and tendu leaves shall be purchased by the State Government, its duly authorised officers or agents at such price.
Notification No 1656/14-2-259-76, dated March 18, 1981, published in U. P. Gazette, Extraordinary, dated 18th March, 1981, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors, is pleased to fix for the year beginning on the first day of January, 1981, the price of tendu leaves as Rs. 50.00 (Rupees forty only) per standard bag in all the districts in which the said Adhiniyam has come into force and tendu leaves shall be purchased by the State Government, its duly authorised officers or agents at such price.
Notification No. 494/14-2-259-76, dated February 19, 1982, published in U. P. Gazette, Extraordinary, dated 19th February, 1982, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors, is pleased to fix for the year beginning on the first day of January, 1982, the price of tendu leaves as Rs. 45.00 (Rupees forty-five only) per standard bag in all the districts in which the said Adhiniyam has come into force and tendu leaves shall be purchased by the State Government, its duly authorised officers or agents at such price.
Notification No 1920/14-2-259-76, dated April 7, 1983, published in U. P. Gazette, Extraordinary, dated 7th April, 1983, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1983, the price of tendu leaves as Rs. 50.00 (Rupees fifty only) per standard bag.
Notification No. 1807/14-2-29-83, dated April 7, 1983, published in U. P. Gazette, Extraordinary, dated 7th April, 1983, at p. 1. - In exercise of the powers under sub-section (1) of Section 4 of the Uttar Pradesh Tendu Patta (Vyapar Vinivaman) Adhiniyam, 1972 (U. P. Act No. XIX of 1972), read with sub-rule (7) of Rule 3 of the Uttar Pradesh Tendu Patta (Vyapar Vinivaman) Niyamavali, 1972, the Governor is pleased to appoint the Uttar Pradesh Forest Corporation, Lucknow as an agent of the State Government for the purpose of purchase of and trade in tendu leaves in the districts where the said Adhiniyam has come into force.
Notification No 1684/14-2-259-76, dated April 9, 1984, published in U. P. Gazette, Extraordinary, dated 9th April, 1984. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1984, the price of tendu leaves as Rs. 65.00 (Rupees sixty-five only) per standard bag.
Notification No 1197/15-2-259-76, dated March 23, 1985, published in U. P. Gazette, Extraordinary, dated 23rd March, 1985. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1985, the price of tendu leaves as Rs. 65.00 (Rupees sixty-five only) per standard bag.
Notification No 3358/15-2-259-76, dated May 29, 1986, published in U. P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 29th May, 1986, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also the other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1986, the price of tendu leaves as Rs. 75.00 (Rupees seventy-five only) per standard bag in all the districts in which the said Adhiniyam has come into force.
Notification No 1504/14-2-259-76, dated April 22, 1987, published in U. P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 22nd April, 1987, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1986, the price of tendu leaves as Rs. 80.00 (Rupees eighty only) per standard bag in all the districts in which the said Adhiniyam has come into force.
Notification No 604/14-2-259-76, dated February 24, 1988, published in U. P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 24th February, 1988, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act No XIX of 1972), the Governor, after having regard to the factors mentioned in the said sub-section and also other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1986, the price of tendu leaves as Rs. 85.00 (Rupees eighty-five only) per standard bag in all the districts in which the said Adhiniyam has come into force.
Notification No 604(1) /14-2-259-76, dated February 24, 1988, published in U. P. Gazette, Extraordinary, Part 4, Section (Kha), dated 24th February, 1988, p. 2. - In continuation of Government Notification No. 604/XIV-2-259-76, dated February 24, 1988, the Governor is pleaded to fix for the year beginning on the first day of January, 1988 the collection charges payable to the persons engaged for collection of tendu leaves from Government forest and land vested in Gaon Sabha or other local authority in all units as Rupees 80.00 (Rupees eighty only) per standard bag.
Notification No 3262/14-2-259-76, dated May 12, 1989, published in U. P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 12th May, 1989, p. 2. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam 1972 (U. P. Act No. XIX of 1972), and in superession of Government Notification No. 776/14-2-259-76, dated April 24, 1989, the Governor, after having regard to the factors mentioned in the said sub-section and also other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1989, the minimum price of tendu leaves as Rs. 125.00 (Rupees one hundred twenty-five only) per standard bag in all the districts in which the said Adhiniyam has come into force.
### 2. It is also clarified that in case purchase of the tendu patta is not possible at the rates fixed by the Government, the agent can himself decide to offer higher rates according to the local conditions. Notification No 3262(1) /14-2-259-76, dated May 12, 1989, published in U. P. Gazette, Extraordinary, Part 4, Section (Kha), dated 12th May, 1989. - In suppression of Government Notification No. 776 (1)/14-2-259-76, dated April 24, 1989, and in continuation of Notification No. 3262/XIV-2-259-76, dated May 12, 1989, the Governor is pleased to fix for the year beginning on the first day of January, 1989, the minimum collection charges payable to the persons engaged for collection of tendu leaves from Government forest and land vested in Gaon Sabha or other local authority in all units as Rs. 120.00 (Rupees one hundred-twenty only) per standard bag.
### 2. It is also clarified that in case tendu patta collection is not possible at the rates fixed by the Government, the agent can himself decide to offer higher wages according to the local conditions. Notification No 2446/14-2-135-89, dated May 17, 1990, published in the U. P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 17th May, 1990. - In exercise of the powers under sub-section (1) of Section 7 of the Uttar Pradesh Tendu Patta (Vyapar Viniyaman) Adhiniyam, 1972 (U. P. Act
No. 19 of 1972
), the Governor having regard to the facts are mentioned in the said sub-section and also other factors and after consulting the Advisory Committee constituted, is pleased to fix for the year beginning on the first day of January, 1990 the price of tendu leaves as Rs. 190.00 (Rupees one hundred and ninety only) per standard bag in all the districts in which the said Adhiniyam has come into force.
Notification No 2446(1) /14-2-135-89, dated May 17, 1990, published in the U. P. Gazette, Extraordinary, Part 4, Section (Kha), dated 17th May, 1990. - In continuation of Government Notification No 2446/XIV-2-135-89, dated May 17, 1990, the Governor is pleased to fix for the year beginning on the first day of January, 1990 the collection charges payable to the persons engaged for collection of tendu leaves from Government forest and land vested in Gaon Sabha or other local authority in all units as Rupees 180.00 (Rupees one hundred eighty only) per standard bag.
Notification No. 1698/14-2-135-1989, dated April 25, 1991, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 25th April, 1991. - mRrj izns'k rsUnw iRrk (O;kikj fofu;e) vf/kfu;e] 1972 (mRrj izns'k vf/kfu;e la[;k 19 lu~ 1972) dh /kkjk 7 dh mi/kkjk (1) ds v/khu 'kfDr;ksa dk iz;ksx djds] jkT;iky mDr mi/kkjk esa mfYyf[kr rF;ksa rFkk vU; rF;ksa dks Hkh /;ku esa j[krs gq, ,oa xfBr ijke'kZnk=h lfefr ds ijke'kZ ds i'pkr~ 1 tuojh] 1991 ls izkjEHk gksus okys o"kZ ds fy, ,sls leLr ftyksa esa tgka ij mDr vf/kfu;e izo`Rr gqvk gS] rsUnw iRrs ds izfr ekud FkSys dk ewY; dsoy 250-00 :i;s (:i;s nks lkS ipkl ek=) fu/kkZfjr djrs gSaA
Notification No. 2253/14-2-92-12-1992, dated May 11, 1992, published in the U.P. Gazette. Extraordinary, Part 4, Section (Kha) , dated 11th May, 1992. - mRrj izns'k rsUnw iRrk (O;kikj fofu;eu) vf/kfu;e] 1972 (1972 dk mRrj izns'k vf/kfu;e la[;k 19) dh /kkjk 4 dh mi/kkjk (1) lifBr mRrj izns'k rsUnw iRrk (O;kikj fofu;eu) fu;ekoyh] 1972 ds fue; 3 (7) ds v/khu 'kfDr;ksa dk iz;ksx djds] Jh jkT;iky mRrj izns'k ou fu;e dks ,sls leLr ftyksa esa tgka ij mDr vf/kfup;e izo`Rr gqvk gks] rsUnw iRrs dk dz; djus vkSj mldk O;kikj djus ds iz;kstukFkZ jkT; ljdkj dk vfHkdrkZ ,rn~}kjk fu;qDr djrs gSaA
Notification No. 3188/14-2-92-135-1989, dated November 28, 1992, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha) , dated 28th November, 1992. - mRrj izns'k rsUnw iRrk (O;kikj fofu;eu) vf/kfu;e] 1972 (mRrj izns'k vf/kfu;e la[;k 1972) dh /kkjk 7 dh mi/kkjk (1) ds v/khu 'kfDr;ksa dk iz;ksx djds] jkT;iky mDr mi/kkjk esa mfYyf[kr rF;ksa rFkk vU; rF;ksa dks Hkh /;ku esa j[krs gq, ,oa xfBr ijke'kZnk=h lfefr ds ijke'kZ ds i'pkr~ 1 tuojh] 1992 ls izkjEHk gksus okys o"kZ ds fy, ,sls leLr ftyksa esa tgka ij mDr vf/kfu;e izo`Rr gqvk gS] rsUnw iRrs ds izzfr ekud FkSys dk ewY; dsoy 250-00 :i;s (:i;s nks lks ipkl ek=) fu/kkZfjr djrs gSaA
Notification No. 3188(1) /14-2-92-135-1989, dated November 28, 1992, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha), dated 28th November, 1992. - ljdkjh vf/klwpuk la[;k 3188@14&2&92&135&89] fnukaad 28 uoEcj] 1992 ds dze esa jkT;iky 1 tuojh] 1992 ls izkjEHk gksus okys o"kZ ds fy;s ljdkjh ou rFkk xzke lHkk vFkok vU; LFkkuh; izkf/kdj.k esa fufgr Hkwfe ls ,d= fd;s tkus okys rsUnw iRrs dk laxzg.k ifjO;; tks iRrs laxzg.k djus okys O;fDr;ksa dks ns; gksxk] leLr bdkbZ;ksa ds fy, dsoy 240-00 :i;s (:i;s nks lkS pkyhl ek=) izfr ekud FkSyk fu/kkZfjr djrs gSA
Notification No. 2757/14-2-93(1) -92, dated June 8, 1993, published in the U.P. Gazette, Extraordinary, Part 4, Section (Kha), dated 12th June, 1993. - mRrj izns'k rsUnw iRrk (O;kikj fofu;eu) vf/kfu;e] 1972 (mRrj izns'k vf/kfu;e la[;k lu~ 1972) dh /kkjk 7 dh mi/kkjk (1) ds v/khu 'kfDr;ksa dk iz;ksx djds] Jh jkT;iky mDr mi/kkjk esa mfYyf[kr rF;ksa rFkk vU; rF;ksa dks Hkh /;ku esa j[krs gq, ,oa xfBr ijke'kZnk=h lfefr ds ijke'kZ ds i'pkr~ 1 tuojh] 1993 ls izkjEHk gksus okys o"kZ ls] tc rd bUgsa la'kksf/kr u dj fn;k tk;s] ,sls leLr ftyksa esa tgka ij mDr vf/kfu;e izo`Rr gqvk gS] rsUnw iRrs ds izfr ekud FkSys (50]000 ifRr;ka) dk ewY; dsoy :i;s 250-00 (:i;s nks lkS ipkl ek=) fu/kkZfjr djrs gSaA
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65b964a0ab84c7eca86e9017 | acts |
State of Bihar - Act
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Bihar State Non Government Recognised Sanskrit School (up to Madhyama Standard) Teacher Service Conditions Rules, 2015
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BIHAR
India
Bihar State Non Government Recognised Sanskrit School (up to Madhyama Standard) Teacher Service Conditions Rules, 2015
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Rule BIHAR-STATE-NON-GOVERNMENT-RECOGNISED-SANSKRIT-SCHOOL-UP-TO-MADHYAMA-STANDARD-TEACHER-SERVICE-CONDITIONS-RULES-2015 of 2015
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* Published on 13 February 2015
* Commenced on 13 February 2015
Bihar State Non Government Recognised Sanskrit School (up to Madhyama Standard) Teacher Service Conditions Rules, 2015
Published vide Notification No. 10/Mu 1-53/2014-99,dated 13.02.2015
Last Updated 8th February, 2020 [bh726]
No. 10/Mu 1-53/2014-99. - In exercise of the powers conferred under Section 22 of Bihar Sanskrit Shiksha Board Act, 1981 (Bihar Act No. 31, 1982), the Governor of Bihar is pleased to make the following Rules to regulate the service conditions of the teachers of the Recognised Non-Government Sanskrit Schools (up to Madhyama Standard) as follows :-
### 1. Short title, extent and commencement.
- (i) These Rules shall be called the "Bihar State Non Government Recognised Sanskrit School (up to Madhyama Standard) Teacher Service Conditions Rules, 2015.
(ii) It shall extend to the Recognised Non-Government Sanskrit Schools (up to Madhyama Standard) of the whole of the state of Bihar.
(iii) It shall come into force at once.
### 2. Definitions.
- In these Rules, unless there is anything repugnant in the subject or context -
(i) 'Government' means Government of Bihar;
(ii) 'Department' means Education Department;
(iii) 'Act' means Bihar Sanskrit Shiksha Board Act, 1981;
(iv) 'Board' means Bihar Sanskrit Shiksha Board, constituted under the Act, 1981;
(v) 'Chairman' means Chairman of The Bihar Sanskrit Shiksha Board;
(vi) 'Secretary' means Secretary of The Bihar Sanskrit Shiksha Board;
(vii) 'Recognition' means Recognised Non-Government Sanskrit School (up to Madhyama Standard) from the Government of Bihar Education Department, Patna;
(viii) 'School' means Recognized Non-Government Sanskrit School(up to Madhyama Standard) from The Education Department;
(ix) 'Headmaster' means Headmaster of recognized Non-Government Sanskrit School (up to Madhyama Standard);
(x) 'Assistant teacher' means legally appointed Assistant Teacher of a recognized Non-Government Sanskrit School (up to Madhyama Standard);
(xi) 'Managing Committee' means School Managing Committee of Recognised Non-Government Sanskrit School (up to Madhyama Standard) constituted under School Managing Committee Rules, 2015.
(xii) Recognised Non-Government Sanskrit School (up to Madhyama Standard) means:-
(i) Recognised Non-Government Primary Sanskrit School - From Class I to V
(ii) Recognised Non-Government Middle Sanskrit School - From Class VI to VIII
(iii) Recognised Non-Government Primary cum Middle Sanskrit School - From Class I to VIII
(iv) Recognised Non-Government Madhyamik Sanskrit School - From Class VI to X
(v) Recognised Non-Government Primary Cum High Sanskrit School - From Class I to X
(xiii) Modern subject means -
(i) Manviki subject group
(ii) Science subject group
(iii) Mathematics
(iv) Vocational subject group
(v) Lalit Kala
(vi) Home Science
### 3. Constitution of Service/Cadre.
- There will be following two sub Cadre School wise in Recognized Non-Government Sanskrit Schools -
(i) The post Principal of Recognised Non-Government Sanskrit Schools.
(ii) The posts Assistant Teachers of Recognised Non-Government Sanskrit School.
### 4. Hierachy and authorised Strength of Teachers of Recognised Non- Government Sanskrit School.
- (i) Recognised Non-Government Primary Sanskrit School :- 02 Teacher (including Headmaster)
(ii) Recognised Non-Government Middle Sanskrit School :- 04 Teacher (including Headmaster)
(iii) Recognised Non-Government Primary cum Middle School: - 06 Teacher (including Headmaster)
(iv) Recognised Non-Government Madhyamik Sanskrit School :- 07 Teacher (including Headmaster)
(v) Recognised Non-Government Primary Cum High Sanskrit School :- 07 Teacher (including Headmaster)
### 5. Reservation.
- Provisions of reservation/roster determined by the State Government, time to time, shall apply in the appointment and promotion of the teachers of Recognised Non-Government Sanskrit School of the State.
### 6. Appointment and Process of appointment/Recruitment.
(1) Direct appointments to the posts of teacher of the school shall be made after duly published advertisement in at least two prime Hindi daily newspapers of State level.
(2) The Post of Headmaster shall be filled up from amongst the qualified present teachers by ginning promotion. In case of non availability of qualified teacher for promotion the post of Head master will be filed up by direct recruitment.
(3) The School shall obtain prior approval of the Secretary Bihar Sanskrit Shiksha Board on the format of advertisement. In addition to other things name of the post of advertisement, vacancy as per reservation roster, required eligibility, achievement and other related qualification shall be specified in the format.
(4) School Managing Committee, shall prepare a list of all applications obtained and call such candidates for interview by issuing notice through registered post within 15 days who have the qualification in conformity with the advertisement. The members of the Committee shall be present in the General Meeting specially called for the determination of date for interview of so called for candidates.
The Committee shall fix the date of interview and give prior information to the Chairman/Secretary, Bihar Sanskrit Shiksha Board, patna with respect of the aforesaid interview. The Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna or his representative will participate in the said meeting. The School Managing Committee shall not conduct interview in absence of representation of the Board. A merit list shall be prepared after the interview which shall be duly signed by all the members.
(5) If a candidate is relative of Headmaster or any member/expert then such a Headmaster or member/expert shall give prior information to the Board before interview with respect to his actual relation and shall not participate in the interview. If he participated in the interview and concealed the above fact, then appointment of his concerned relative shall be deemed to be illegal but others appointments of shall not be affected.
(6) That Committee shall prepare a panel of all candidates appeared in the interview for every post to be filled up on the basis of marks given in the interview and weight age points in the educational qualification.
Marks of interview and Educational/Training qualification for preparation of panel shall be according to the following table:-
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Sl.No.
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Interview :- 20 Marks
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Education Qualification: -80 Marks.
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01
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Interview taken by the Managing Committee will
be of 20 Marks.
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(i) For the post of Madhyama/Matric Standard
maximum 37 marks in educational qualifications and maximum 43
marks in teaching qualifications.
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(ii) For the posts of Up shastri/Intermediate
standard maximum 37 marks in educational qualifications and
maximum 43 marks in teaching qualifications.
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(iii) For the posts Shastri/Graduate Standard; -
maximum 37 marks in educational qualifications and maximum 43
marks in teaching qualifications.
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(iv) For the posts of Acharya/Post Graduate
Standard-maximum 37 marks in educational qualifications and
maximum 43 marks in teaching qualifications.
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### 7. Determination of mark.
- Determination of mark will be made in the following manner on the basis of elligegility qualifications and Educational/Training qualifications for this purposes for each post to be filled up in the schools of different categories by the school Management Committee:-
(A) Recognised Non-Government Primary Sanskrit School - There will be two posts of teacher including Headmaster in Recognised Non-Government Primary Sanskrit School. The qualification/eligibility will be as follows-
(i) Headmaster - Up Shastri pass.
(ii) Assistant Teacher - Madhyma/Matric pass.
Determination of marks of educational/Training qualification of the candidate present in the interview for the post of Headmaster and Assistant Teacher will be as follows-
(1) Educational qualification (maximum 37marks)- Marks obtained in Madhyma/Matric/Up Shastri.
(i) 45 % to 59 % - 24marks.
(ii) 60 % to 74 % - 26marks.
(iii) 75 % and above - 29marks.
(2) In the appointment of Headmaster and Assistant teacher weightage will the awarded to the candidates of higher qualification other than prescribed qualification as follows -
(i) Intermediate/Up Shastri - 02 marks.
(ii) Graduate/Shastri - 05 marks (with marks obtained in Intermediate/Up Shastri)
(iii) Post Graduate/Acharya - 08marks (with marks obtained in Post Graduate/Acharya)
(3) Training qualification (maximum 43marks)- Marks obtained in B.Ed/Two years training
(i) 45 % to 59 % - 32marks.
(ii) 60 % to 74 % - 38marks.
(iii) 75 % and above - 43marks.
(B) Recognised Non-Government Middle Sanskrit School - There will be 4(four) posts of teacher including Headmaster in Recognised Non-Government Middle Sanskrit School of which qualification/eligibility will be as follows -
(i) Headmaster - Shastri (Three Years) pass.
(ii) Assistant Teacher - 01 (one) post- Intermediate/Up shastri pass.
### 02. (Two) post- Madhyma/Matric pass.
(1) Determination of marks of educational qualification of the candidate present in the interview for the appointment to the post of Head master will be as follows -
Educational qualification (maximum 80 marks)- Marks obtained in Shastri (Three years)
(i) 45 % to 59 % - 47marks.
(ii) 60 % to 74 % - 60marks.
(iii) 75 % and above - 73marks.
(2) Wight age marks will be awarded to the candidates of Acharya qualification other than prescribed qualification as follows -
(i) 45 % to 59 % - 03marks.
(ii) 60 % to 74 % - 05marks.
(iii) 75 % and above - 07marks.
Note. - (i) Candidate having less than 55% marks will not the eligible for the post.
(ii) Training qualification is not necessary for the appointment to the post of Headmaster.
Determination of marks of educational qualification of the candidates present in the interview for the appointment to the post of Assistant teacher will be as follows -
(1) Educational qualification (maximum 37marks)- Marks obtained in Intermediate/Up Shastri/Madhyama/Matric.
(i) 45 % to 59 % - 24marks.
(ii) 60 % to 74 % - 26marks.
(iii) 75 % and above - 29marks.
Weightage marks will be awarded to the candidates of higher qualification other than prescribed qualification as follows -
(i) Intermediate/Up Shastri - 02 marks.
(ii) Graduate/Shastri - 05 marks
(iii) Post Graduate/Acharya- 08 marks
(2) Training qualification (maximum 43 marks) - Marks obtained in B.Ed/Two years training Examination-
(i) 45 % to 59 % - 32marks.
(ii) 60 % to 74 % - 38marks.
(iii) 75 % and above - 43marks.
(C) Recognised Non-Government Primary cum Middle Sanskrit School - There will be six posts of teacher including Headmaster in Recognised Non-Government Primary cum Middle Sanskrit School, of which qualification/eligibility will be as follows :-
(i) Headmaster - Shastri (Three Years) pass.
(ii) Assistant Teacher - 01 (one) post - Intermediate/Up shastri pass
### 04. (four) post- Madhyama/Matric pass.
(1) Determination of marks will be as follows on the basis of educational qualification of the candidates present in the interview for the appointment to the post of Head master -
(a) Educational qualification (Maximum 80 marks Marks obtained of Shastri Three years)
(i) 55 % to 59 % - 47marks.
(ii) 60 % to 74 % - 60marks.
(iii) 75 % and above - 73marks.
(b) Weightage marks will be as awarded to the candidates of Acharya qualification other than prescribed qualification as follows :-
(i) 45 % to 59 % - 03marks.
(ii) 60 % to 74 % - 05marks.
(iii) 75 % and above - 07marks.
Note. - Training qualification in not necessary for the appointment to the post of Headmaster.
(2) Determination of marks will be as follows on the basis of Educational/Teaching qualification of the candidates present in the interview for the appointment to the post of Up shastri/Intermediate standard -
(a) Educational qualification (Maximum 37 marks) - Marks on baned in up shastri/Intermediate.
(i) 45 % to 59 % - 24marks.
(ii) 60 % to 74 % - 26marks.
(iii) 75 % and above - 29marks.
Weightage marks will be awarded to the candidates of Graduate/Shastri/Post Graduate/Acharya pass as follows -
(i) Graduate/Shastri - 05 marks.
(ii) Post Graduate/Acharya pass - 08 marks (including marks obtained in Graduate/shastri)
(b) Training qualification (maximum 43 marks) - Marks obtained in B.Ed and Two years training Examination -
(i) 45 % to 59 % - 32marks.
(ii) 60 % to 74 % - 38 marks.
(iii) 75 % and above - 43marks.
(3) Determination of marks will be as follows on the basis of Educational/Teaching qualification of the candidates present in the interview for the appointment on the post of Madhyama/Matric standard -
(a) Educational qualification (maximum 37marks) - Marks obtained in Madhyma/Matric.
(i) 45 % to 59 % - 24marks.
(ii) 60 % to 74 % - 26marks.
(iii) 75 % and above - 29marks.
Weightage marks will be awarded to the candidates having higher qualification other than prescribed qualification as follows -
(i) Intermediate/Shastri (Two years)/Up shastri - 02 marks.
(ii) Graduate/shastri - 05marks.
(iii) Post Graduate/Acharya - 08 marks.
(b) Training qualification (maximum 43marks) - Marks obtained in B.Ed/Two Years training examination-
(i) 45 % to 59 % - 32marks.
(ii) 60 % to 74 % - 38marks.
(iii) 75 % and above - 43marks.
(D) Recognised Non-Government Madhymik Sanskrit School - There will be seven posts of teacher including Headmaster in Recongnised Non-Government Madhyamik Sanskrit School of which qualification/eligibility will be as follows -
(i) Headmaster - Acharya pass.
(ii) Assistant teacher - 02 (two) posts - Acharya pass.
### 04. (Four) post - Graduate pass (there will be two post of science and two posts of Arts. Determination of marks will be as follows on the basis of Educational qualification of the candidate present in the interview for the appointment on the post of Headmaster -
(1) Educational qualification (maximum 80 marks) - Marks obtained in Acharya Examination.
(i) 55 % to 59 % - 53marks.
(ii) 60 % to 74 % - 67marks.
(iii) 75 % and above - 80marks.
Note. - (i) Candidate having less than 55% marks will not he eligible for the post of Headmaster.
(ii) Training qualification is not essential for the appointment to the post of Headmaster.
(2) Determination of marks will be as follows on the basis of Educational qualification of the candidate present in the interview for the appointment to the above post of Assistant teacher of Acharya qualification :-
(i) 55 % to 59 % - 53marks.
(ii) 60 % to 74 % - 67marks.
(iii) 75 % and above - 80marks.
For the appointment to the post of the said category, Training qualification is not essential.
(3) Determination of marks will be as follows on the basis of Educational/Teaching qualification of the candidate present in the interview for the appointment on the post of Assistant teacher of Graduate qualification -
Educational qualification (maximum 37marks)
(i) 45 % to 59 % - 24marks.
(ii) 60 % to 74 % - 26marks.
(iii) 75 % and above - 29marks.
Weightage marks will be awarded to the candidate shaving Graduate qualification other than prescribed qualification as follows -
(i) 45 % to 59 % - 02 marks.
(ii) 60 % to 74 % - 05marks.
(iii) 75 % and above - 08marks.
Teaching qualification (maximum 43 marks) - Marks obtained in B.Ed/Two Years training course.
(i) 45 % to 59 % - 32marks.
(ii) 60 % to 74 % - 38marks.
(iii) 75 % and above - 43marks.
(E) Recognised Non-Government Prathmic Cum High Sanskrit School - There will be seven posts of teacher including Headmaster in Recognised Non-Government Prathmic Cum High Sanskrit School of which qualification/eligibility will be as follows -
(i) Headmaster - Acharya pass.
(ii) Assistant teacher - 02 (two) posts - Acharya pass.
### 04. (Four) post - Graduate pass (there will be two post of science and two posts of Arts. Determination of marks will be as follows on the basis of Educational qualification of the candidate present in the interview for the appointment on the post of Headmaster -
(1) Educational qualification (maximum 80 marks) - Marks obtained in Acharya Examination.
(i) 55 % to 59 % - 53 marks.
(ii) 60 % to 74 % - 67 marks.
(iii) 75 % and above - 80 marks.
Note. - (i) Candidate having less than 55% marks will not he eligible for the post of Headmaster.
(ii) Training qualification is not essential for the appointment to the post of Headmaster.
(2) Determination of marks will be as follows on the basis of Educational qualification of the candidate present in the interview for the appointment to the above post of Assistant teacher of Acharya qualification :-
(i) 55 % to 59 % - 53 marks.
(ii) 60 % to 74 % - 67 marks.
(iii) 75 % and above - 80 marks.
For the appointment to the post of the said category, Training qualification is not essential.
(3) Determination of marks will be as follows on the basis of Educational/Teaching qualification of the candidate present in the interview for the appointment on the post of Assistant teacher of Graduate qualification -
Educational qualification (maximum 37 marks)
(i) 45 % to 59 % - 24 marks.
(ii) 60 % to 74 % - 26 marks.
(iii) 75 % and above - 29 marks.
Weightage marks will be awarded to the candidates having Graduate qualification other than prescribed qualification as follows -
(i) 45 % to 59 % - 02 marks.
(ii) 60 % to 74 % - 05 marks.
(iii) 75 % and above - 08 marks.
Teaching qualification (maximum 43 marks) - Marks obtained in B.Ed/Two Years training course.
(i) 45 % to 59 % - 32 marks.
(ii) 60 % to 74 % - 38 marks.
(iii) 75 % and above - 43 marks.
Note. - Educational qualification passed with minimum second division is compulsory for all the above posts.
### 8. Approval of Panel.
(1) Committee shall send three lists of panel of candidates within one week of interview to the Secretary, Bihar Sanskrti Shiksha Board, Patna in case of Assistant Teacher and to the Chairman, Bihar Sanskrit Shiksha Board, Patna in case of Headmaster for approval of the Board with the following documents- (i) A copy of advertisement (ii) Merit list (of all applicants) (iii) Table wise description of all the applicants, eligibility and other specializations (iv) Photo copy of original application of all applicants and letter of appreciation and annexure.
(2) The Chairman/Secretary, Bihar Sanskrit Shiksha Board shall verify the recommendations of the Committee and if it is found that the same needs some changes in the panel at the level of the Board, the same shall be done and returned to the committee, within a month if required and in that case reasons shall be assigned by the Board.
(3) If Committee is aggrieved by the decision of the Secretary, Bihar Sanskrit Education Board it has power to prefer an appeal before the Special Director, Secondary Education, Bihar, Patna within 60 days of such decision.
(4) Bihar Sanskrit Shiksha Board, Patna shall approve the appointed teachers after following the prescribed process by the School Managing Committee. In case of any dispute arising out of their appointment the same shall be settled by Special Director, Secondary Education, Bihar, Patna.
### 9. Probation and Period.
- The appointment,until it will not permanent, shall be made initially for the period of two years on probation and appointment on probation shall be made only in the permanent vacancy.
### 10. Confirmation.
- The candidate appointed on probation to the permanent post of teacher will be confirmed after expiry of two years of probation period and due to special reasons, it may be extended for a year by resolution of the committee or confirmation be stepped.
### 11. Promotion.
(1) Whenever the Committee decide to fill up any post, by giving promotion, among the teachers, the Committee shall for consider the all cases of all eligible teachers in the meeting called for this purpose. Thereafter list of names of all the candidates shall be prepared, and shall send to the Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna for the approval of the Board with reasons for selection and non-selection of respective promoted candidates.
(2) The candidates for the post of Headmaster in respect of Madhyamik Sanskrit School has to pass with a minimum second class in Acharya in any subject of Sanskrit subject taught in Sanskrit High School and maximum teaching experience of five years from High School or any Recognised Sanskrit School is compulsory or Sanskrit (Hons) in B.A with ancient Acharya, in any subject of Sanskrit which is being taught, or M.A in Sanskrit or Navin acharya with English passed in any one subject from Sanskrit subjects which is being taught and minimum five years teaching experience in any High School Recognised Sanskrit School is compulsory. Trained candidates shall be given priority.
A person having specialize experience is Sanskrit teaching and Administrative skill may be considered preferably.
### 12. Age.
(1) Minimum age shall be 21 years for the appointment at any person in Primary/Middle Sanskrit School/Primary cum Middle Sanskrit School/Madhymaik /Primary Cum High Sanskrit School. Maximum age limit will be the same as it may be prescribed by the State Government (General Administration Department) from time to time.
(2) The teachers shall be retired after completion of 62 years of age automatically.
### 13. Disciplinary Action.
(1) The Committee will be competent to take disciplinary action and awarding major or minor punishment to any teacher.
(2) The Committee may impose any of following punishments to any person including person under probation -
(a) Minor Punishment - Admonition/Censor
(b) Major Punishment -
(i) Reduction in rank
(ii) Removal from service
(iii) Dismissal
(3) The Committee may provide an opportunity for giving due written explanation to the person concerned in respect of his conduct and in that matter decision of Committee will be final.
(4) Before imposing major punishment of any kind, fully described charge sheet shall be prepared by the Headmaster in case of assistant teacher and by the Chairman and Secretary of the Committee in case of Headmaster and the Committee shall take decision by resolution. The charge so framed shall be specific and all relevant facts shall be mentioned therein so that it must be easy to understand to the person concerned about the charges levelled against him. Where Prima facie allegation is very serious and the Committee feels that:-
(a) It shall be undesirable in view of the discipline and common interest of the school to keep such a person in the service of the school, or
(b) The person concerned may tamper or distort the school records or may create other damages to the property or accessories of the school, then the Committee may decide to suspend such a person by Special Resolution.
(5) The person on whom proceeding initiated shall be given in writing about the allegation labelled against him within one week of suspension under sub rule 11(4) and he shall have to give explanation within 15 days from the date of receipt of Charge sheet. The meeting of the Committee shall be called for within 15 days from the date of receipt of explanation and for this notice of 10 days shall be sent to every member by register post or by special messenger. The quorum of the meeting will be completed by two third members of the present total number of members. If the headmaster or teacher in the Committee or the representative himself is connected with the allegation then he shall not appear in the meeting.
(6) No headmaster/teacher shall be suspended for more than 03 months without consent of the Chairman/Secretary, Bihar Sanskrit Shiksha Board, Patna. In case of headmaster no suspension order shall apply without the permission of the Chairman, Bihar Sanskrit Shiksha Board. During period of suspension he shall get subsistence allowance which shall be the half of his monthly salary and Dearness allowance.
(7) The Committee, after due consideration on explanation and giving an opportunity to be heard and on request of the person concerned may decide to impose any major punishment specified under rule 13 discharge from the allegations. In case of discharge from the allegations, the period of suspension will be treated as the period on duty and full salary and allowance of the said period shall be given. If the Committee, decides to impose any punishment under major punishment then the suspension period will not be treated as period on duty.
(8) All the records and speaking order of the proceeding shall be sent to the Bihar Sanskrit Shiksha Board before actual execution of such punishment in all the cases in which the Committee decides to impose any punishment out of major punishment. The person aggrieved by the decision of the Committee may prefer an appeal within 60 days before the Chairman, Bihar Sanskrit Shiksha Board and the Chairman, Bihar Sanskrit Shiksha Board after hearing all the parties shall deliver his decision and if any person aggrieved with the decision of the Board or Chairman of the Board he may prefer an appeal within 60 (Sixty) days before the Special Director, Secondary Education and the Special Director after giving full opportunity to hear the aggrieved and concerned person shall deliver his decision.
### 14. Leave.
- In addition to fixed leave in the schools the following by post leaves shall be admissible:-
(i) Casual Leave - In every Calendar year 12(Twelve) days casual leave will be admissible to every teacher of Non-Government Sanskrit School. Casual leave of Headmaster of the school will be sanctioned by Secretary of School Managing Committee and Headmaster of the School will sanction the casual leave of all teachers of the School. In one time casual leave will be sanctioned for maximum seven days only and fixed leave in between the period of casual leave will not be counted as part of the casual leave.
(ii) Earn Leave - (a) Every teacher of the school will earn three days leave on full day for the working period of every calendar year. Teaching and Non-teaching staff of the school will earn a maximum of 120 days earn leave. Leave earn more than 120 days will be lapsed.
(b) Every teacher of the school will earn twenty days leave on half pay for working period of every calendar year. It will not be lapsed. It can be converted into full pay on medical certificate and will be half of this leave. Earn leave of Head master of the School will be sanctioned by Secretary of School Managing Committee and Headmaster of the school will sanction the earn leave of all teacher of the school.
(iii) Study leave - Confirmed teachers and Headmaster of the school can get three years study leave without pay in their whole tenure. Study leave will not affect the service condition of the teacher/Headmaster. Study leave of Headmaster of the school will be sanctioned by Secretary of Managing Committee while the Headmaster of the School will sanction the study leave to the teachers.
(iv) Maternity leave - Ninety days maternity leave will be admissible to female teacher for two children. The Secretary of School Managing Committee will sanction in case of the woman Headmaster of the School while the Headmaster in case of woman teacher staff.
(v) Special leave - In every month, two days special leave will be admissible for woman teacher and it will be sanctioned by Headmaster of the school. Headmaster the Secretary, School Managing Committee will sanctioned the special leave of the woman Headmaster.
### 15. Miscellaneous.
(1) Charge during long leave-During long vacation, the Head master can make acting Head master to any senior teacher. Acting Head master may be given earn leave of one third of total vacation period as leave on full pay whether the head master could earn no leave if he was present during vacation period.
(2) Service Book - In every school service book of every teacher will be maintained. Secretary of the Committee will attest the Service-Book of all teachers of the school. The secretary of Bihar Sanskrit Shiksha Board will verify the service books of all teacher including Head master of the School.
(3) Annual confidential Report -In every school; Annual Confidential Report of every teacher will be maintained. Annual Confidential Report will be written every year after the end of the Session. Secretary of the Committee will write the Annual Confidential Report of the Head master of the School and the Head master will write the Annual Confidential Report of every teacher of the school. In the case of Head master, the Secretary of the school will send the Annual Confidential Report to the Secretary, Bihar Sanskrit Shiksha Board, Patna who will note his remarks. If in a particular year there is adverse remarks in Annual confidential Report in respect of any teacher. he will be informed within three months of starting of next session. If the Headmaster or assistant teacher thinks that adverse remarks are not based on facts, then in case of Head master, an appeal may be preferred within 60 days before the Chairman, Bihar Sanskrit Shiksha Board and in case of teacher an appeal may be preferred within 60 days before the School Managing Committee and The Chairman, Bihar Sanskrit Shiksha Board/ The School Managing Committee after giving full opportunity to be heard to the aggrieved shall deliver his decision and it will either reject the appeal or give direction to change after removing full or part remarks and if any person aggrieved with the decision of the Board or Chairman of the Board he may prefer an appeal within 60 (Sixty) days before the Special Director, Secondary Education and the Special Director after giving full opportunity to hear the aggrieved and concerned person shall deliver his decision.
### 16. Repeal & saving.
(1) All the previous service condition Rules, Resolution, orders and instructions are here by repealed.
(2) Not with standing such repeal, anything done or any action taken under the previous Rules,Resolution, order, instructions, shall be done or take under these Rules as at these Rules were come in to force on such date when such thing was done or such action was taken.
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65b92d84ab84c7eca86e883b | acts |
State of Odisha - Act
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The Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules, 1990
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ODISHA
India
The Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules, 1990
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Rule THE-ORISSA-MINERALS-PREVENTION-OF-THEFT-SMUGGLING-AND-OTHER-UNLAWFUL-ACTIVITIES-RULES-1990 of 1990
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* Published on 11 May 1990
* Commenced on 11 May 1990
The Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules, 1990
Published vide Notification Orissa Gazette Extraordinary No. 646/18.5.1990-S.R.O No. 227/1990
S.R.O. No. 227/90-The 11th May, 1990. - In exercise of powers conferred by Section 37 of the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1989, the State Government do hereby make the following rules, namely :
Chapter-I
### 1. Short title and commencement
(1) These rules may be called the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Rules, 1990.
### 2. Definitions.
- In these rules, unless the context otherwise requires-
(a) "Act" means the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1989;
(b) "Form" means a form appended to these rules;
[(b-i) \* \* \*]
[Omitted vide Orissa Gazette Extraordinary No. 141/29.1.2003 S.R.O.No. 28/2003.]
(c) "scientific test" means any test conducted for chemical and mineralogical analysis of the ores and minerals and assessment of their chemical and mineralogical constituents and properties;
(d) "section" means a section of the Act;
(e) "research work" means any work done for benefication and upgradation of the minerals and ores and for examining their suitability for utilisation for industrial purpose.
(2) All other words and expressions used but not defined in these rules, unless the context otherwise requires, shall have the same meanings as respectively assigned to them in the Act.
Chapter-II Grant of licence and its renewal
### 3. Applications for grant of licence.
- [(1) Any person who wishes to possess, store, sell, trade in or otherwise deal with any mineral shall make an application to the competent authority as required under Sub-section (1) of Section 6 for a licence for [for any or group of minerals]
[Substituted vide Notification S.R.O. No. 520/15.7.1991, vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
in Form 'A'. The application shall be submitted in duplicate].
(2) Every applicant while applying the licence under Sub-rule (1) shall in his application accompany the following
In Case of Precious and Semi-Precious Stone
[(i) (a)
A Demand draft of Rs.99,500 (Rupees ninety-thousand five hundred) only to be deposited towards licence fee payable at Government Treasury Branch of State Bank of India, Bhubaneswar
A Treasury chalan of Rs.500 (Rupees five hundred) only shall be deposited in Government Treasury towards processing fee (non-refundable) under the head of Account-"0853-Non-Ferrous Mining and Metallurgical Industries-102-Mineral Concession Fees and Royalties".
In Case of the Minerals
(b) A Demand Draft of Rs.4,500 (Rupees four thousand five hundred) only to be deposited towards licence fee payable at Government Treasury Branch of State Bank of India, located at or nearest to the Headquarters of the Competent Authority.
The processing fee (non-refundable) of Rs.500 (Rupees five hundred) only shall be deposited in the Government Treasury under the head of Account "0853-Non-Ferrous Mining and Metallurgical Industries-102-Mineral Concession Fees and Royalties".
(ii) (a)
In case of refusal or rejection of the application, the Demand Draft deposited towards licence fee shall be returned to the applicant,
(b) in case of grant of licence, the demand Drafts deposited towards licence fee shall be deposited with the Government Treasury under the specific head of Account.]
(3) On receipt of the application for licence the competent authority shall acknowledge the receipt in Form 'B'. The acknowledgement shall be sent to the applicant by registered post.
### 4. [ Processing of applications.
[Substituted vide Notification S.R.O. No. 520/15.7.1991, vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
(1) The competent authority shall maintain a register in his office in Form 'C' wherein, he will make necessary entry about the application immediately after its receipt and its disposal in due course.
(2) The competent authority shall verify the bona fides of the applicant and contents of the application by conducting such enquiry and examination of record, as he deems necessary before disposal of the application.]
[Substituted vide Orissa Gazette Extraordinary No. 1673/23.11.2006 S.R O.No 614/2006.]
### 5. Disposal of application for licence.
- [(1) After due enquiry, the competent authority shall, within 2 (two) months from the date of receipt of the application, either grant a licence to the applicant on the conditions specified in Rule 6, for a period not exceeding one year at a time for all minerals including precious and semi-precious stones (Gem stone), or refuse to grant the licence as he considers fit.]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
(2) In every case where the competent authority refuses to grant the licence, he shall record his reasons therefor in writing and communicate the same to the applicant within the period mentioned in Sub-rule (1).
(3) [ In case of refusal/rejection of the application, Rs. 500/-(Five hundred) only of the application fee shall be deducted and the rest amount shall be refunded to the applicant.]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
### 6. Conditions.
- The licence shall be granted in Form 'D' subject to following conditions, namely :
(i) [ The licencee shall deposit an amount of Rs. 1.00 (Rupees one lakh) only for precious and semi-precious stones (Gem stone) and Rs. 5000/- (Rupees five thousand) only for other minerals as security deposit in shape of postal savings account duly pledged to the competent authority for observance of the terms and conditions of the licence, provided that the Government, may by a general or special order, exempt any Grama Panchayat, a Co-operative Society, the Orissa Tribal Development Co-operative Corporations and any other Government Undertakings from depositing the said security amount and in the event of cancellation of the licence on account of breach of the terms and conditions, the security deposit as well as the interest accrued on the security deposit will be forfeited;]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
(ii) The licensee shall maintain a correct and intelligible account of ores and minerals procured, processed and transported daily to different destinations in Form 'E';
(iii) In case of benefication of plant and factory, the licensee will maintain a separate daily account of ores and minerals procured and fed to the factory/plant and the processed minerals/ores recovered in Form 'F';
(iv) [ The licensee shall submit copies of the above forms duly maintained for every month within the 1st week of the succeeding month to the competent authority]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
[\* \* \*;]
[Omitted vide Orissa Gazette Extraordinary No. 141/29.1.2003 S.R.O.No. 28/2003.]
(v) The licensee shall not remove the ores and minerals from any place without obtaining from the competent authority a transit permit in Form 'G' on payment of cost for each consignment;
(vi) The licensee shall not pollute the environment by storing the ores and minerals or while utilising them in his factory;
(vii) He shall allow the inspecting officers of the [Directorate of Mines]
[Substituted vide Orissa Gazette Extraordinary No. 141/29.1.2003 S.R.O.No. 28/2003.]
to inspect the stores and factory etc. to verify the stock of ores and minerals to take samples and to take extracts from the records at any working hour.
(viii) [ \* \* \*]
[Omitted vide Orissa Gazette Extraordinary No. 141/29.1.2003 S.R.O.No. 28/2003.]
.
### 7. [ Renewal of licence.
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
- The licence can be renewed further for not more than one year for each term on application in the prescribed form and on payment of renewal licence fee of Rs. 1.00 lakh (Rupees one lakh) for precious and semi-precious stones and Rs. 5000/-(Rupees five thousand) only for other minerals to be deposited in a Government treasury under the Head of account mentioned in Sub-rule (2) of Rule 3.]
### 8. [ Application for renewal of licence.
[Substituted vide Notification. S.R.O. No. 520/15.7.1991 vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
- Every application for renewal of licence shall be made to the competent authority before ninety days of the expiry of the existing licence and shall be proceed in the same manner as provided for the original licence.]
Chapter-III
### 9. Application for grant of permit.
(1) Any person, who wishes to transport or remove any mineral from any place shall make an application in Form 'H' in duplicate to the competent authority for issue of permit.
(2) Every application for grant of permit shall be accompanied by a fee of [rupees fifty only]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No, 698/1998.]
to be deposited in a Government Treasury under the Head of account as mentioned in Sub-rule (2) of Rule 3.
### 10. Disposal of application.
- On receipt of the application the competent authority may cause an enquiry and may grant a permit within a period of fifteen days in From 'I' subject to the conditions specified in Rule 12 and for a period not exceeding two months.
### 11. Refusal of application for grant of permit.
- In case of refusal, the competent authority shall communicate the reasons of such refusal to the person concerned in writing.
### 12. Conditions of permit.
- The permit granted under Rule 10 shall be subject to the following conditions, namely :
(a) The applicant will disclose and satisfy the competent authority regarding the legality of the source from which the ore and mineral are procured.
(b) Each consignment of the ore/mineral shall be accompanied with a transit permit in Form 'G', obtainable from the [competent authority]
[Substituted vide Notification. S.R.O. No. 520/15.7.1991 vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
on payment of usual cost.
(c) The permit-holder shall maintain a correct and intelligible account of the ores and minerals transported by him every day in Form 'J'.
(d) He shall furnish copies of the above account for every fortnight within three days from the closing of the fortnight to the competent authority.
(e) (i)
In case of the breach of any of the terms and conditions of the permit the competent authority shall issue a notice to the permit-holder to explain the reasons of such violation within seven days from the date of issue of the notice.
(ii) If there is no response from the permit-holder within the stipulated time of the explanation given by him is not found satisfactory the competent authority may cancel or suspend the permit by an order in writing to be communicated to the permit-holder.
Chapter-IV Appeal
### 13. Filing of appeal petition.
(1) Any person aggrieved by an order of the competent authority made under Sub-section (3) of Section 6 read with Sub-rule (2) of Rule 5, Section 7, Section 8 (3) read with Rule 11 or Section 9 may within sixty days from the date of communication of the relevant order, prefer an appeal in Form 'K' to the appellate authority appointed by the Government under Section 10.
(2) Every application for appeal shall be accompanied with a fee of [Rs. 500 (Rupees five hundred) only]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
to be deposited under the Head of account mentioned in Sub-rule (2) of Rule 3..
(3) The appeal shall be disposed of by the appellate authority within a period of two months from the,date of its filing.
Chapter-V Compounding of offences
### 14. Compounding of offences by the competent authority.
(1) On receipt of written application from the accused person the competent authority may, in exercise of its powers under Section 15 compound the offence, punishable under the Act, either before or after institution of the prosecution.
(2) After the offence is compounded and the accused person pays the amount determined by the competent authority the accused person if is not interested to pay for the property or the competent authority is of the opinion that such property should not be released in favour of the accused, he shall compound the offence only and take charge of the seized property and dispose it off by auction.
### 15. Maintenance of register.
- The competent authority shall maintain a register in his office in Form 'M', mentioning therein the details of every offence compounded by him under these rules.
### 16. Depositing the sums.
- All sums collected by compounding the offence shall be deposited under the Head of account as mentioned in Sub-rule (2) of Rule 3.
Chapter-VI Seizure and confiscation
### 17. Seizure by the authorised officer.
- The authorised officer after seizing any property under Section 16 shall keep such property under his custody with proper official seal and with detailed information in Form 'N', indicating that the same has been seized by him and shall except where the offender agrees in writing to get the offence compounded either produce the same property before the competent authority or make a report of such seizure to the Magistrate having jurisdiction to try the offence on account of which the seizure has been made.
### 18. Confiscation of the property.
- When any mineral and other property seized is produced before the competent authority and he is satisfied that an offence has been committed in respect thereof he may order confiscation of the mineral and other properties used in committing such offence subject to the condition that-
(a) he shall issue a notice in writing in Form 'O' to the accused person informing him on the grounds on which it is proposed to confiscate such properties;
(b) he shall give opportunity to the accused person for making a representation in writing within a period of. fifteen days against the grounds for confiscation;
(c) he shall also give opportunity to the accused person to be heard in the matter;
(d) he shall give due regard to the provisions of Sub-section (5) of Section 16 of the Act.
### 19. Custody of property.
- In case the authorised officer finds difficulties to keep the seized properties under his custody, he shall keep the same under the custody of a third party until the compensation for compounding the offence is paid or until an order of the Magistrate directing the disposal of properties is received. Selection of the third party shall be the sole responsibility of the authorised officer and he should see that the seized properties in no case are pilferred or damaged.
### 20. Arrest of persons.
- While arresting any person under Sub-section (1) of Section 27 of the Act, the competent authority or the authorised officer shall inform the accused person about his offence. It will be the personal responsibility of the officer, who has arrested or detained any person in custody to see that such person is produced before the Magistrate within a period of twenty-four hours from the time of arrest.
Chapter-VII Revision
### 21. Filing of revision petition.
(1) Any person aggrieved by an order passed in appeal under the Act may file an application for revision before the Government within thirty days from the date of communication of such order in Form 'L'.
(2) Every revision application shall be accompanied with a fee of [Rs. 500/-(Rupees five hundred) only]
[Substituted vide Orissa Gazette Extraordinary No. 1458/12.11.1998 S.R.O.No. 698/1998.]
to.be deposited in Government Treasury under the Head of account as mentioned in Sub-rule (2) of Rule 3.
Form 'A'
[See Rules 3 (1) and 8]
Application for licence/renewal
### 1. Name of applicant for licence (in full) : ###
2. Profession :
### 3. Full address : ###
4. Father's name in full (in case of firm, give names and address of partner and person holding powers of attorney to act on behalf of the firm) :
### 5. Specific place or places of business : ###
6. Financial status with details of person i.e. property, annual payment of Income Tax and any other relevant evidence regarding financial status :
### 7. Specific purpose for which licence is applied for (processing/storing/selling/trading) : ###
8. Name of mineral/ore for which licence is required :
### 9. Evidence of payment of application fee : ###
10. Name and address of persons/firms from whom the mineral/ores will be purchased/ procured :
### 11. Period for which licence is required : ###
12. In case of renewal the number and date of original licence:
### 13. Detail of Income Tax/Sales Tax clearance certificate: ###
14. Any special ground for grant of licence in favour of the applicant. List of enclosures
Declaration
I/We hereby declare that I/We have read and understood all the provisions of the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1988 and Rules made thereunder and the conditions of the licence and, I/We agree to abide by the same.
Date of application.............
Place..................
Signature of the applicant
Form 'B'
[See Rule 3 (3) ]
Acknowledgement of receipt of application for licence
Received.............copies of applications for grant of licence for possessing/storing/selling/trading.....................(Name of Mineral/Ore) Ore/Mineral from Shri/Smt............................................ S/O.....................resident of..................P.O.........P.S................District..............today with the following enclosures:
(1) (2)
(3) (4)
(5) Signature of the competent authority
Date..............................
[Form 'C']
[Substituted vide Notification S.R.O. No. 520/91/15.7.1991 vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
[See Rule 5 (1) ]
Register of application for grant of licence and its renewal
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Date of receipt of application
|
Name of applicant
|
Address of applicant
|
Name of mineral/ore
|
Place of processing/ storing/ selling/ trading
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Date of grant/ refusal
|
Date of appeal, if any
|
Date of disposal of appeal with orders in brief
|
Date of revision
|
Date of disposal of revision with orders in
briefs
|
|
(7) |
(8) |
(9) |
(10) |
(11) |
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Date of expiry of licence, if granted
|
Date of application for renewal
|
Date of renewal
|
Period of renewal
|
Remarks
|
|
(12) |
(13) |
(14) |
(15) |
(16) |
|
|
|
|
|
|
Form 'D'
[See Rule 6]
Form of licence
### 1. Name of the licensee (in full) : ###
2. Full address :
### 3. Father's name in full : (in case of firm, names and address of partner and person holding power of attorney to act on behalf of the firm) :
### 4. Profession of the licensee : ###
5. Specific place or places of business :
### 6. Specific purposes for which licence is granted ###
7. Name of mineral/ore covered under the licence :
### 8. Challan No. showing payment of application fee : ###
9. Challan No. showing payment of security deposit :
### 10. Name and address of persons/firm from whom the mineral/ore will be purchased/ procured : ###
11. Period of licence :
### 12. If it is a case of renewal the number and date of grant of the original licence : ###
13. No. and date of application for this licence
Date of grant.........
Signature of the competent authority to grantlicences with designation and address
Form 'E'
[See Rule 6 (ii) ]
Amount of ores/minerals to be maintained daily
### 1. Name of the licensee : ###
2. Full address :
### 3. No. and date of licence : ###
4. Period of licence :
### 5. Name of mineral/ore : ###
6. Place of business :
### 7. Name of circle mining offices under whose jurisdiction the mineral/ore is stored : | | | | | |
| --- | --- | --- | --- | --- |
|
Name of month/year
|
Date
|
Gradewise opening balance of mineral/ore at the
store/factory (in Tonne)
|
Gradewise quantity of ores/ minerals received (in
Tonne)
|
Source of receipt
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Total stock of ore/ mineral (in Tonne)
|
Gradewise quality of ores/minerals consumed/sold/
despatched for processing
|
Details despatches with T.P.Nos. and date
|
Gradewise closing balance of ore/ mineral at the
store or factory site
|
Remarks
|
|
(6) |
(7) |
(8) |
(9) |
(10) |
|
|
|
|
|
|
Signature of the licensee
Date................
Form 'F'
[See Rule 6 (iii) ]
Account of ores/minerals fed to plant and their recovery to be maintained daily
### 1. Name of the licensee : ###
2. Full address :
### 3. No. and date of licence : ###
4. Period of licence :
### 5. Name of mineral and ore : ###
6. Name of the plant/factory :
### 7. Postal address of the factory : ###
8. Name of mining circle office having jurisdiction over the factory/plant:
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Name of month/year
|
Date
|
Opening balance of mineral/ ore at the plant
|
Quantity of ore/ mineral received at plant
|
Quantity of ore/ mineral fed to the benefication
plant
|
Quantity of ore/ mineral recovered after
benefication
|
Closing Remarks balance of ore/ mineral at the
plant
|
Remarks
|
|
Crude beneficated
|
Crude beneficated
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
|
|
|
|
|
|
|
|
Signature of the licensee
Date of submission of the return
Form 'G'
[See Rule 6 (v) and 12 (b)]
Transit permit
Department of Steel and Mines
Government of Orissa
| | |
| --- | --- |
|
Book No. :
|
District :
|
|
Place from which mineral is transported :
|
Permit No. :
|
|
Designation :
|
Route :
|
|
Name of consignor :
|
|
|
Name of consignee :
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Depot/Benefication Plant/Factory
|
Stock No.
|
Name of mineral/ore
|
Percentage content of mineral/ore
|
Measurement of mineral/ore in carrier (in metre)
L.B.H.
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
Cubic content-(in cum.) :
|
|
|
(in tonnes)
|
|
Gross weight of carrierBare weight of carrierNet
weight of mineral/ore
|
Name of carrier owner :
Registration number of the carrier :
Signature of person issuing permit with date :
Signature of carrier with date and time :
Signature of checking staff with date and time :
Signature of supervisory staff with date and time :
Signature of person receiving at destination with date and time :
[Signature of the competent authority]
[Substituted vide Notification S.R.O. No. 520/91/15.7.1991, vide Orissa Gazette Extraordinary No. 891/31.7.1991.]
Form 'H'
[See Rule 9]
Application for grant of permit
### 1. Name of applicant for permit : (in full)
### 2. Profession : ###
3. Full address :
### 4. Father's name (in case of firm give names and address of partners and persons holding power of attorney to act on behalf of the firm): ###
5. Name of mineral/ore to be transported :
### 6. Source from which mineral/ore is procured ###
7. Destination to which transportation to be made :
### 8. Quality and quantity of ore/mineral to be transported (in tonnes and % of mineral content) : ###
9. Evidence of payment of application fee :
### 10. Purpose of transportation of ore/mineral : ###
11. Period for which permit is required :
### 12. Any special ground for grant of permit in favour of the applicant : Date of application..........
Signature of the applicant
Form 'I'
[See Rule 10]
### 1. Name (name in full) of the person to whom permit is granted : ###
2. Profession :
### 3. Full address ###
4. Father's name (in case of firm names and address of the partners and persons holding power of attorney to act on behalf of the firm) :
### 5. Name of mineral/ore to be transported : ###
6. Quantity and quality of ore/mineral to be transported
(in tonnes and % of mineral content) :
### 7. Source from which mineral/ore is procured ###
8. Destination to which transportation to :
### 9. Purpose of transportation : ###
10. Period for which permit is granted :
### 11. Place where the ore/mineral will be presented for checking : ###
12. No. and date of application for permit :
### 13. The grantee shall be abided by the conditions overleaf: Date of grant.......
Signature of competent authority grantingpermit with designation and address
Form 'J'
[See Rule 12 (c) ]
### 1. Name of the permit-holder : ###
2. Address in full :
### 3. Date of permit : ###
4. Period of permit :
### 5. Name of mineral/ore to be transported : ###
6. Place from which ore/mineral is transported :
### 7. Total quantity of mineral/ore to be transported : ###
8. Name of Circle Mining Office having jurisdiction over the ore/mineral :
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Month
|
Date
|
Opening stock of mineral to be transported
|
Quantity of ore/ mineral transported
|
No. of supporting transit passes
|
Destination to which ore/ mineral is transported
|
Closing stock of ore/ mineral to be transported
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
|
|
|
|
|
|
|
|
Signature of permit-holder
Date of submission of return
Form 'K'
[See Rule 13(1) ]
Form of appeal
### 1. Name of the appellant/revisionist in full : ###
2. Address :
### 3. Father's name (in case of firm name and addresses of the partners and persons holding power of attorney to act on behalf of the firm): ###
4. No. and date of order of competent authority against which appeal/revision is preferred
### 5. Ground of appeal/revision : ###
6. Evidence of payment of fee for appeal/revision
### 7. In case of appeal preferred after 30 days of order the reasons of delay : ###
8. Whether the appellant/revisionist desires to be heard in person or through pleader:
### 9. Any additional information the appellant/ revisionist desires to furnish : Date of filing the appeal/revision petition......
Signature of the appellant/revisionist
Form 'L'
[See Rule 21 (1) ]
### 1. Name of applicant : ###
2. Address :
### 3. Father's name (in case of firm name and addresses of the partners and persons holding power of attorney to act on behalf of the firm) : ###
4. No. and date of order of appellate/revisional authority against which application is filed :
### 5. Grounds of application : ###
6. Evidence of payment of fee for application :
### 7. No. and date of order by competent authority against which appeal/revision was preferred : ###
8. Any additional information the applicant desires to furnish :
Signature of the applicant
Date.....................
Form 'M'
[See Rule 15]
Register of compounding of offences
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Date of commission of offence
|
Name of accused person/persons
|
Brief description of offence
|
Property involved in office
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Place of occurrence of offence
|
Officer detecting the offence
|
Compounding fee for offence
|
Compounding fee for property
|
Total compounding fee
|
|
(6) |
(7) |
(8) |
(9) |
(10) |
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Signature of authority compounding the offence
|
No. and date of Treasury challan in which
compounding fee is deposited
|
Date of disposal and cost of property if not
compounded
|
No. and date of Treasury challan in which cost of
property is deposited
|
Remarks
|
|
(11) |
(12) |
(13) |
(14) |
(15) |
|
|
|
|
|
|
Form 'N'
[See Rule 17]
### 1. Name of officer seizing the property ###
2. Designation and address of the officer
\*3. Details of property seized-
(a) Place of seizure with date and time
(b) Description of each property
### 4. Rule under which property is seized ###
5. Name and address of person from whom the property is seized
### 6. Name and address of any other claimant for the seized property ###
7. Details of 'Seal' given on the seized property
### 8. Name and address of person under whose custody the seized property has been kept ###
9.
. Signature of the custodian
### 10. Approximate value of the seized property ###
11. Remarks
Date........................
Signature of officer seizing the propertywith designation and address
Each article seized should be properly sealed by officers seizing the same and copy of the seizure paper should be attached to the same.
Form 'O'
[See Rule 18 (a) ]
To
M/s/Sir.............................................................
Address ...........................................................
Take notice that the following properties which were involved in offence committed under the Orissa Minerals (Prevention of Theft, Smuggling and other Unlawful Activities) Act, 1989 on date ......................and seized by Sri.........;...............Designation............as............will be confiscated by the under-signed
(place of occurrence of offence)
In case you want to be heard in person in the matter you are hereby asked to give the same in writing within 15 days from the date of issue of this notice and if you do not respond within the said period the matter will be decided ex parte.
Signature of competent authority
with designation
Date............................
|
65b9b42eab84c7eca86e9a99 | acts |
State of Rajasthan - Act
--------------------------
THE RAJASTHAN LEGISLATIVE ASSEMBLY (OFFICERS AND MEMBERS EMOLUMENTS AND PENSION) (AMENDMENT) ACT, 2020
--------------------------------------------------------------------------------------------------------
RAJASTHAN
India
THE RAJASTHAN LEGISLATIVE ASSEMBLY (OFFICERS AND MEMBERS EMOLUMENTS AND PENSION) (AMENDMENT) ACT, 2020
========================================================================================================
Act 25 of 2020
----------------
* Published in Rajasthan Gazette on 25 September 2020
* Commenced on 25 September 2020
राजस्
थान रराज-पत्र
विशेषाांक
RAJASTHAN GAZETTE
Extraordinary
साधिकारप्रकाशशत Published by Authority
आश्विन र1,बुििार,शाक
े 1942-शसतम्
बर23,2020
Asvina 1, Wednesday , Saka 1942- September 23, 2020
भाग-4(क)
राजस्
थान रवििान रमांडलक
े अधिनन रयम।
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(GROUP-II)
NOTIFICATION
Jaipur, September 23, 2020
No. F. 2(20) Vidhi/2/2020.- The following Act of the Rajasthan State Legislature
which received the assent of the Governor on the 22nd
day of September, 2020 is hereby
published for general information:-
THE RAJASTHAN LEGISLATIVE ASSEMBLY (OFFICERS AND MEMBERS
EMOLUMENTS AND PENSION) (AMENDMENT) ACT, 2020
(Act No. 25 of 2020)
(Received the assent of the Governor on the 22nd
day of September, 2020)
An
Act
further to amend the Rajasthan Legislative Assembly (Officers and Members Emoluments
and Pension) Act, 1956.
Be it enacted by the Rajasthan State Legislature in the Seventy-first Year of the
Republic of India, as follows:-
### 1. Short title and commencement.- (1) This Act may be called the Rajasthan
Legislative Assembly (Officers and Members Emoluments and Pension) (Amendment) Act,
### 2020. (2) It shall come into force at once.
### 2. Amendment of section 4-C, Rajasthan Act
No. 6 of 1957
.- In sub-section (1) of section 4-C of the Rajasthan Legislative Assembly (Officers and Members Emoluments
and Pension) Act, 1956 (Act
No. 6 of 1957
), hereinafter in this Act referred to as the
principal Act,-
(i) for the existing expression "1st April, 2017", the expression "1st April, 2019"
shall be substituted;
(ii) for the existing expression "a family pension equal to rupees twelve thousand
five hundred or equal to fifty percent of the last drawn pension by such
member, whichever is higher:", the expression "a family pension equal to
### 338. राजस्
थान रराज-पत्र,शसतम्
बर23,2020भाग-4(क)
rupees seventeen thousand five hundred or equal to fifty percent of the last
drawn pension by such member, whichever is higher:" shall be substituted; and
(iii) in proviso,-
(a) the existing word "and", appearing at the end of clause (ii), shall be
deleted; and
(b) for the existing punctuation mark "." appearing at the end of clause (iii),
the expression "; and" shall be substituted and after the clause (iii) so
amended, the following new clause shall be added, namely:-
"(iv) the spouse of a deceased Ex-member shall be paid the whole
amount of any arrear of the family pension and where the spouse
of a deceased Ex-member is not alive, the amount of arrear of such
pension shall be paid in equal shares to the members of the family
of deceased Ex-member.
Explanation.– The expression ‘family’ means the sons and
unmarried daughters and such parents of the deceased Ex-Member
as were wholly or mainly dependent on him or her at the time of
his or her death.".
### 3. Amendment of section 5, Rajasthan Act
No. 6 of 1957
.- In sub-section (2) of
section 5 of the principal Act, for the existing expression “a sumptuary allowance of eighty
thousand rupees per mensem to the Government Chief Whip and a sumptuary allowance of
seventy thousand rupees per mensem to the Deputy Government Chief Whip", the
expression “to the Government Chief Whip and Deputy Government Chief Whip, a
sumptuary allowance of eighty thousand rupees per mensem" shall be substituted.
### 4. Amendment of section 8-B, Rajasthan Act
No. 6 of 1957
.- In section 8-B of
the principal Act,-
(i) after the existing sub-section (1) and before the existing sub-section (2), the
following new sub-section shall be inserted, namely:-
“(1A) A member shall be entitled to receive, from out of the amount
available in the relevant year under sub-section (1) , reimbursement of amount
equivalent to actual fare of journey abroad by air, ship or steamer paid by him,
either alone or with persons accompanying him after approval of his request for
such journey being accorded by the Speaker of the Legislative Assembly. Such
journey shall be subject to compliance of guidelines issued and/or rules made
relating to permission of such journey abroad, by the Government of India and
State Government, from time to time.”; and
(ii) in sub-section (3), for the existing punctuation mark “:” appearing at the end, the
punctuation mark “.” shall be substituted and after the sub-section (3) so
amended and before the existing proviso, the following new sub-sections shall be
inserted, namely:-
“(4) A member entitled to receive travelling allowance under section 8
भाग-4(क)राजस्
थान रराज-पत्र,शसतम्
बर23,2020 339
shall be entitled to receive reimbursement of amount equivalent to actual fare of
any journey abroad undertaken by him by air, ship or steamer paid by him,
either alone or with persons accompanying him, for study-tour of the Committee
with the prior approval of the Speaker of the Legislative Assembly on
surrendering such part of the facility provided by sub-section (1) . Such journey
shall be subject to compliance of guidelines issued and/or rules made relating to
permission of such journey abroad, by the Government of India and State
Government, from time to time.
(5) Where a member entitled to receive travelling allowance under
section 8, chooses to travel on his own will, for study-tour of the Committee,
either alone or with persons accompanying him within the territory of India in
any class of air, ship or steamer, he shall be entitled to surrender such part of the
facility provided by sub-section (1) as is equivalent to the air, ship or steamer
fare actually paid by him and receive the cash equivalent of the facility so
surrendered.
(6) Where a member entitled to receive travelling allowance under
section 8 chooses to travel with the prior approval of Speaker, for study-tour of
the Committee, either alone or with persons accompanying him within the
territory of India in any class of air, ship or steamer, he shall be entitled to
surrender such part of the facility provided by sub-section (1) as is equivalent to
the difference between the air, ship or steamer fare actually paid by him and the
railway fare to which he is entitled under that section and receive the cash
equivalent of the facility so surrendered.
(7) Where a member entitled to receive travelling allowance under
section 8 chooses to travel, with the prior approval of Speaker, for study-tour of
the Committee, either alone or with persons accompanying him, such places
which are not connected to road or rail within the territory of India in any class
of air, ship or steamer, he shall be entitled to surrender such part of the facility
provided by sub-section (1) as is equivalent to air, ship or steamer fare actually
paid by him and receive the cash equivalent to the facility so surrendered:”.
विन रोद क
ु मार भारिान री,
Principal Secretary to the Government.
विधि (वििायी प्रारूपण) विभाग
(ग्रुप-2)
अधिसूचन रा
जयपुर, 23 सितम्बर, 2020
िंख्
या प.2(20) विधि/2/2020.- राजस्
थान र राजभाषा अधिनन रयम, 1956 (1956 का अधिनन रयम सां. 47)
की िारा 4 क
े परन्तुक क
े अन रुसरण में ''दी राजस्थान र लेश्जस्लेटिि एसेम्बली (ऑफिससस एण्ड मेम्बसस
### 340. राजस्
थान रराज-पत्र,शसतम्
बर23,2020भाग-4(क)
इमोल्यूमेंट्स एण्ड पेंशन र) (अमेण्डमेन्ि) एक्ि, 2020 (एक्ि न रां. 25 ऑि 2020)'' का टिन्दी अन रुिाद सिससािारण
की सूचन राथस एतद्द्िारा प्रकाशशत फकया जाता िैः-
(प्राधिकृ त हिन्दी अनुिाद)
राजस्थान वििान िभा (अधिकाररयों तथा िदस्यों की पररलब्धियां और पेंशन) (िंशोिन) अधिननयम, 2020
(2020्का्अधिननयम्िंख्
यांक्2
(राज्यपाल मिोदय की अन रुमनत टदन राांक 22 शसतम्बर, 2020 को प्राप
त िुई)
राजस्थान र वििान र सभा (अधिकाररयों तथा सदस्यों की पररलश्धियाां और पेंशन र) अधिनन रयम, 1956 को
और सांशोधित करन रे क
े शलए अधिनन रयम।
भारत गणराज्य क
े इकित्तरिें िषस में राजस्थान र राज्य वििान र-मण्डल नन रम्न रशलखित बन राता ि:-
### 1. िंक्षिप्त नाम और प्रारंभ.- (1) इस अधिनन रयम का न राम राजस्थान र वििान र सभा (अधिकाररयों तथा सदस्यों की पररलश्धियाां और पेंशन र) (सांशोिन र) अधिनन रयम, 2020 ि।
(2) यि तुरांत प्रिृत्त िोगा।
### 2. 1957 क े राजस्थान अधिननयम िं. 6 की िारा 4-ग का िंशोिन.- राजस्थान र वििान र सभा
(अधिकाररयों तथा सदस्यों की पररलश्धियाां और पेंशन र) अधिनन रयम, 1956 (1957 का अधिनन रयम सां. 6), श्जसे
इस अधिनन रयम में इसक
े पव
चात ्मूल अधिनन रयम किा गया ि, की िारा 4-ग की उप-िारा (1) में,-
(i) विद्यमान र अशभव
यश्क्त ''1 अप्रेल, 2017'' क
े स्
थान र पर अशभव
यश्क्त ''1 अप्रेल, 2019'' प्रनतस्
थावपत
की जायेगी;
(ii) विद्यमान र अशभव
यश्क्त ''बारि िजार पाांच सौ रुपये या ऐसे सदस्
य द्िारा अांनतम आिररत पेंशन र क
े
पचास प्रनतशत क
े बराबर, जो भी अधिक िो,'' क
े स्
थान र पर अशभव
यश्क्त ''सत्रि िजार पाांच सौ
रुपये या ऐसे सदस्
य द्िारा अांनतम आिररत पेंशन र क
े पचास प्रनतशत क
े बराबर, जो भी अधिक
िो,'' प्रनतस्
थावपत की जायेगी; और
(iii) परन्
तुक में,-
(क) िण्
ड (ii) क
े अांत में आया विद्यमान र शध
द ''और'' ििाया जायेगा; और
(ि) िण्
ड (iii) क
े अांत में आये विद्यमान र विराम धचह्न र ''।'' क
े स्
थान र पर अशभव
यश्क्त ''; और''
प्रनतस्
थावपत की जायेगी और इस प्रकार सांशोधित िण्
ड (iii) क
े पव
चात ्नन रम्
न रशलखित न रया
िण्
ड जोडा जायेगा, अथासत ्:-
''(iv) फकसी मृतक भूतपूिस सदस्
य क
े पनत या पत्
न री को कौिुश्म्बक पेंशन र की फकसी भी
बकाया की समूची रकम सांदत्त की जायेगी और जिाां फकसी मृतक भूतपूिस सदस्
य
का पनत या पत्
न री जीवित न रिीां ि, ििाां ऐसी पेंशन र की बकाया की रकम मृतक भूतपूिस
सदस्
य क
े क
ु िुम्
ब क
े सदस्
यों को बराबर भागों में सांदत्त की जायेगी।
भाग-4(क)राजस्
थान रराज-पत्र,शसतम्
बर23,2020 341
स््
पष्
टीकरण.- अशभव
यश्क्त 'क
ु िुम्
ब' से मृतक भूतपूिस सदस्
य क
े पुत्र और
अवििाटित पुत्रत्रयाां और ऐसे माता-वपता अशभप्रेत िैं जो उसकी मृत्
यु क
े समय पूणसत:
या मुख
यत: उस पर आधित थे।''।
### 3. 1957 क े राजस्थान अधिननयम िं. 6 की िारा 5 का िंशोिन.- मूल अधिनन रयम की िारा 5 की उप-
िारा (2) में विद्यमान र अशभव
यश्क्त ''सरकारी मुखय सचेतक को अस्
सी िजार रुपये प्रनतमास सत्कार भत्ता और
सरकारी उप मुखय सचेतक को सत्
तर िजार रुपये प्रनतमास सत्कार भत्ता'' क
े स्
थान र पर अशभव
यश्क्त ''सरकारी
मुखय सचेतक और सरकारी उप मुखय सचेतक को अस्
सी िजार रुपये प्रनतमास सत्कार भत्ता'' प्रनतस्
थावपत की
जायेगी।
### 4. 1957 क े राजस्थान अधिननयम िं. 6 की िारा 8-ख का िंशोिन.- मूल अधिनन रयम की िारा 8-ि में,-
(i) विद्यमान र उप-िारा (1) क
े पव
चात ् और विद्यमान र उप-िारा (2) से पूिस, नन रम्
न रशलखित न रयी उप-
िारा अांत:स्
थावपत की जायेगी, अथासत ्:-
''(1क) कोई सदस्
य, विदेश यात्रा क
े शलए उसक
े अन रुरोि पर वििान र सभा अध
यक्ष क
े
अन रुमोदन र क
े पव
चात ्, या तो अक
े ले या उसक
े साथ जान रे िाले फकन्
िीां व
यश्क्तयों सटित, उसक
े
द्िारा सांदत्त िायुयान र, पोत या स्
िीमर क
े िास्
तविक फकराये क
े बराबर रकम का पुन रभसरण, उप-
िारा (1) क
े अिीन र सुसांगत िषस में उपलध
ि रकम में से प्राप
त करन रे का िकदार िोगा। ऐसी यात्रा
भारत सरकार और राज्
य सरकार द्िारा ऐसी विदेश यात्रा की अन रुज्ञा क
े सांबांि में समय-समय पर
जारी फकये गये मागसदशसक शसद्ाांतों और/या बन राये गये नन रयमों क
े अन रुपालन र क
े अध
यिीन र िोगी।'';
और
(ii) उप-िारा (3) में, अांत में आये विद्यमान र विराम धचह्न र '':'' क
े स्
थान र पर, विराम धचह्न र ''।''
प्रनतस्
थावपत फकया जायेगा और इस प्रकार सांशोधित उप-िारा (3) क
े पव
चात ् और विद्यमान र
परन्
तुक से पूिस, नन रम्
न रशलखित न रयी उप-िाराएां अांत:स्
थावपत की जायेंगी, अथासत ्:-
''(4) िारा 8 क
े अिीन र यात्रा भत्ता प्रापत करन रे का िकदार कोई सदस्य, वििान र सभा
अध
यक्ष क
े पूिस अन रुमोदन र से सशमनत क
े अध
ययन र दौरे क
े शलए, या तो अक
े ले या उसक
े साथ जान रे
िाले फकन्
िीां व
यश्क्तयों सटित, ििाई जिाज, पोत या स्
िीमर द्िारा विदेश यात्रा क
े उसक
े द्िारा
सांदत्त िास्
तविक फकराये क
े बराबर रकम का पुन रभसरण, उप-िारा (1) द्िारा दी गयी सुवििा क
े
ऐसे भाग का अभ
यपसण करन रे पर, प्राप
त करन रे का िकदार िोगा। ऐसी यात्रा भारत सरकार और
राज्
य सरकार द्िारा ऐसी विदेश यात्रा की अन रुज्ञा क
े सांबांि में समय-समय पर जारी फकये गये
मागसदशसक शसद्ाांतों और/या बन राये गये नन रयमों क
े अन रुपालन र क
े अध
यिीन र िोगी।
(5) जिाां िारा 8 क
े अिीन र यात्रा भत्ता प्रापत करन रे का िकदार कोई सदस्य, सशमनत क
े
अध
ययन र दौरे क
े शलए, स्
ियां की इच
छा पर, या तो अक
े ले या उसक
े साथ जान रे िाले फकन्
िीां
व
यश्क्तयों सटित, ििाई जिाज, पोत या स्
िीमर में फकसी भी िेणी में भारत क
े राज्
यक्षेत्र क
े भीतर
यात्रा करन रा चािे तो िि उप-िारा (1) द्िारा दी गयी सुवििा क
े ऐसे भाग का, जो फक ििाई जिाज,
### 342. राजस्
थान रराज-पत्र,शसतम्
बर23,2020भाग-4(क)
पोत या स्
िीमर क
े उसक
े द्िारा िास्
ति में सांदत्त फकराये क
े बराबर ि, अभ
यपसण करन रे का, और
इस प्रकार अभ
यवपसत की गयी सुवििा क
े बराबर न रकद प्राप
त करन रे का, िकदार िोगा।
(6) जिाां िारा 8 क
े अिीन र यात्रा भत्ता प्रापत करन रे का िकदार कोई सदस्य, अध
यक्ष क
े
पूिस अन रुमोदन र से, सशमनत क
े अध
ययन र दौरे क
े शलए, या तो अक
े ले या उसक
े साथ जान रे िाले फकन्
िीां
व
यश्क्तयों सटित, ििाई जिाज, पोत या स्
िीमर में फकसी भी िेणी में भारत क
े राज्
यक्षेत्र क
े भीतर
यात्रा करन रा चािे तो िि उप-िारा (1) द्िारा दी गयी सुवििा क
े ऐसे भाग का, जो फक ििाई जिाज,
पोत या स्िीमर क
े उसक
े द्िारा िास्ति में सांदत्त फकराये और उस रेल फकराये क
े , श्जसका फक िि
उस िारा क
े अिीन र िकदार ि, अन्तर क
े बराबर ि, अभयपसण करन रे का, और इस प्रकार अभ
यवपसत
की गयी सुवििा क
े बराबर न रकद प्राप
त करन रे का, िकदार िोगा।
(7) जिाां िारा 8 क
े अिीन र यात्रा भत्ता प्रापत करन रे का िकदार कोई सदस्य, अध
यक्ष क
े
पूिस अन रुमोदन र से, सशमनत क
े अध
ययन र दौरे क
े शलए, या तो अक
े ले या उसक
े साथ जान रे िाले फकन्
िीां
व
यश्क्तयों सटित, ििाई जिाज, पोत या स्
िीमर में फकसी भी िेणी में भारत क
े राज्
यक्षेत्र क
े भीतर
ऐसे स्
थान रों, जो सडक या रेल से जुडे िुए न रिीां िैं, की यात्रा करन रा चािे तो िि उप-िारा (1) द्िारा
दी गयी सुवििा क
े ऐसे भाग का, जो फक ििाई जिाज, पोत या स्
िीमर क
े उसक
े द्िारा िास्
ति में
सांदत्त फकराये क
े बराबर ि, अभ
यपसण करन रे का, और इस प्रकार अभ
यवपसत की गयी सुवििा क
े
बराबर न रकद प्राप
त करन रे का, िकदार िोगा:''।
विन रोद क
ु मार भारिान री,
प्रमुख शािन िधिि।
राज््
य्क
े न््
रीय्मुरणालयप्जयपुर।
|
65b9ef65ab84c7eca86ea462 | acts |
State of West Bengal - Act
----------------------------
Protection of Women from Domestic Violence Rules, 2006
--------------------------------------------------------
WEST BENGAL
India
Protection of Women from Domestic Violence Rules, 2006
========================================================
Rule PROTECTION-OF-WOMEN-FROM-DOMESTIC-VIOLENCE-RULES-2006 of 2006
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* Published on 17 October 2006
* Commenced on 17 October 2006
Protection of Women from Domestic Violence Rules, 2006
Published vide Notification No. GSR 644(E) , dated, 17.10.2006.
### 031. In exercise of the powers conferred by section 37 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005), the Central Government hereby makes the following rules, namely:
### 1. Short title and commencement.
(1) These rules may be called The Protection of Women From Domestic Violence Rules, 2006.
(2) They shall come into force on the 26th day of October, 2006.
### 2. Definitions.
In these rules, unless the context otherwise requires,
(a) "Act" means the Protection of Women from Domestic Violence Act, 2005 (43 of 2005);
(b) "complaint" means any &legation made orally or in writing by any person to the Protection Officer;
(c) "Counsellor" means a member of a service provider competent to give counselling under sub-section (1) of section 14;
(d) "Form" means a form appended to these rules;
(e) "section" means a section of the Act;
(f) words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
### 3. Qualifications and experience of Protection Officers.
(1) The Protection Officers appointed by the State Government may be of the Government or members of non-governmental organizations :
Provided that preference shall be given to women.
(2) Every person appointed as Protection Officer under the Act shall have at least three years' experience in social sector.
(3) The tenure of a Protection Officer shall be a minimum period of three years.
(4) The State Government shall provide necessary office assistance to the Protection Officer for the efficient discharge of his or her functions under the Act and these rules.
### 4. Information to Protection Officers.
(1) Any person who has reason to believe that an act of domestic violence has been, or is being, or is likely to be committed may give information about it to the Protection Officer having jurisdiction in the area either orally or in writing.
(2) In case the information is given to the Protection Officer under sub-rule (1) orally, he or she shall cause it to be reduced to in writing and shall ensure that the same is signed by the person giving such information and in case the informant is not in a position to furnish written information the Protection Officer shall satisfy and keep a record of the identity of the person giving such information.
(3) The Protection Officer shall give a copy of the information recorded by him immediately to the informant free of cost.
### 5. Domestic incident reports.
(1) Upon receipt of a complaint of domestic violence, the Protection Officer shall prepare a domestic incident report in Form I and submit the same to the Magistrate and forward copies thereof to the police officer in charge of the police station within the local limits of jurisdiction of which the domestic violence alleged to have been committed has taken place and to the service providers in that area.
(2) Upon a request of any aggrieved person, a service provider may record a domestic incident report in Form I and forward a copy thereof to the Magistrate and the Protection Officer having jurisdiction in the area where the domestic violence is alleged to have taken place.
### 6. Applications to the Magistrate.
(1) Every application of the aggrieved person under section 12 shall be in Form II or as nearly as possible thereto.
(2) An aggrieved person may seek the assistance of the Protection Officer in preparing her application under sub-rule (1) and forwarding the same to the concerned Magistrate.
(3) In case the aggrieved person is illiterate, the Protection Officer shall read over the application and explain to her the contents thereof.
(4) The affidavit to be filed under sub-section (2) of section 23 shall be filed in Form IV
(5) The applications under section 12 shall be dealt with and the orders enforced i 1the same manner laid down under section 125 of the Code of Criminal Procedure, 973 (2 of 1974).
### 7. Affidavit for obtaining ex-parte orders of Magistrate.
Every affidavit f r obtaining ex-parte order under sub-section (2) of section 23 shall be filed in Form '
### 8. Duties and functions of Protection Officers.
(1) It shall be the duty f the Protection Officer
(i) to assist the aggrieved person in making a complaint under the Act, if the aggrieved person so desires;
(ii) to provide her information on the rights of aggrieved persons under the Act as given in Form IV which shall be in English or in a vernacular local language;
(iii) to assist the person in making any application under section 12, or sub-section (2) of section 23 or any other provision of the Act or the rules made thereunder;
(iv) to prepare a "Safety Plan" including measures to prevent further domestic violence to the aggrieved person, in consultation with the aggrieved person in Form V, after making an assessment of the dangers involved in the situation and on an application being moved under section 12;
(v) to provide legal aid to the aggrieved person, through the State Legal Aid Services Authority;
(vi) to assist the aggrieved person and any child in obtaining medical aid at a medical facility including providing transportation to get the medical facility;
(vii) to assist in obtaining transportation for the aggrieved person and any child to the shelter;
(viii) to inform the service providers registered under the Act that their services may be required in the proceedings under the Act and to invite applications from service providers seeking particulars of their members to be appointed as Counsellors in proceedings under the Act under sub-section (1) of section 14 or Welfare Exports under section 15;
(ix) to scrutinise the applications for appointment as Counsellors and forward a list of available Counsellors to the Magistrate;
(x) to revise once in three years the list of available Counsellors by inviting fresh applications and forward a revised list of Counsellors on the basis thereof to the concerned Magistrate;
(xi) to maintain a record and copies of the report and documents forwarded under sections 9, 12, 20, 21, 22, 23 or any other provisions of the Act or these rules;
(xii) to provide all possible assistance to the aggrieved person and the children to ensure that the aggrieved person is not victimized or pressurized as a consequence of reporting the incidence of domestic violence;
(xiii) to liaise between the aggrieved person or persons, police and service provider in the manner provided under the Act and these rules;
(xiv) to maintain proper records of the service providers, medical facility and shelter homes in the area of his jurisdiction.
(2) In addition to the duties and functions assigned to a Protection Officer under clauses (a) to (h) of sub-section (1) of section 9, it shall be the duty of every Protection Officer
(a) to protect the aggrieved persons from domestic violence, in accordance with the provisions of the Act and these rules;
(b) to take all reasonable measures to prevent recurrence of domestic violence against the aggrieved person. in accordance with the provisions of the Act and these rules.
### 9. Action to be taken in cases of emergency.
If the Protection Officer or a service provider receives reliable information through e-mail or a telephone call or the like either from the aggrieved person or from any person who has reason to believe that an act of domestic violence is being or is likely to be committed and in such an emergency situation, the Protection Officer or the service provider, as the case may be, shall seek immediate assistance of the police who shall accompany the Protection Officer or the service provider, as the case may be, to the place of occurrence and record the domestic incident report and present the same to the Magistrate without any delay for seeking appropriate orders under the Act.
### 10. Certain other duties of the Protection Officers.
(1) The Protection Officer, if directed to do so in writing, by the Magistrate shall
(a) conduct a home visit of the shared household premises and make preliminary enquiry if the Court requires clarification, in regard to granting ex-parte interim relief to the aggrieved person under the Act and pass an order for such home visit;
(b) after making appropriate inquiry, file a report on the emoluments, assets, bank accounts or any other documents as may be directed by the Court;
(c) restore the possession of the personal effects including gifts and jewellery of the aggrieved person and the shared household to the aggrieved person;
(d) assist the aggrieved person, to regain custody of children and secure rights to visit them under his supervision as may be directed by the Court.
(e) assist the court in enforcement of orders in the proceedings under the Act in the manner directed by the Magistrate, including orders under section 12, section 18, section 19, section 20, section 21 or section 23 in such manner as may be directed by the Court;
(f) take the assistance of the police, if required, in confiscating any weapon involved in the alleged domestic violence.
(2) The Protection Officer shall also perform such other duties as may be assigned to him by the State Government or the Magistrate in giving effect to the provisions of the Act and these rules from time to time.
(3) The Magistrate may, in addition to the orders for effective relief in any case, also issue directions relating general practice for better handling of the cases, to the Protection Officers within his jurisdiction and the Protection Officers shall be bound to carry out the same.
### 11. Registration of service providers.
(1) Any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860) or a company registered under the Companies Act, 1956 (1 of 1956) or any other law for time being in force with the objective of protecting the rights and interests of women by any lawful means including providing of legal aid, medical, financial or other assistance and desirous of providing service as a service provider under the Act shall make an application under sub-section (1) of section 10 for registration as service provider in Form VI to the State Government.
(2) The State Government shall, after making such enquiry as it may consider necessary and after satisfying itself about the suitability of the applicant, register it as a service provider and issue a certificate of such registration :
Provided that no such application shall be rejected without giving the applicant n opportunity of being heard.
(3) Every association or company seeking registration under sub-section (1) of Section 10 shall possess the following eligibility criteria, namely
(a) It should have been rendering the kind of services it is offering under the Act for at least three years before the date of application for registration under the Act and these rules as a service provider.
(b) In case an applicant for registration is running a medical facility, or a psychiatric counselling centre, or a vocational training institution, the State Government shall ensure that the applicant fulfils the requirements for running such a facility or institution laid down by the respective regulatory authorities regulating the respective professions or institutions.
(c) In case an applicant for registration is running a shelter home, the State Government shall, through an officer or any authority or agency authorised by it, inspect the shelter home, prepare a report and record its finding on the report, detailing that
(i) the maximum capacity of such shelter home for intake of persons seeking shelter;
(ii) the place is secure for running a shelter home for women and that adequate security arrangements can be put in place for the shelter home;
(iii) the shelter home has a record of maintaining a functional telephone connection or other communication media for the use of the inmates.
(3) The State Government shall provide a list of service providers in the various localities to the concerned Protection Officers and also publish such list of newspapers or on its website.
(4) The Protection Officer shall maintain proper records by way of maintenance of registers duly indexed, containing the details of the service providers.
### 12. Means of service of notices.
(1) The notices for appearance in respect of the proceedings under the Act shall contain the name of the person alleged to have committed domestic violence, the nature of domestic violence and such other details which may facilitate the identification of person concerned.
(2) The service of notices shall be made in the following manner, namely :
(a) The notices in respect of the proceedings under the Act shall be served by the Protection Officer or any other person directed by him to serve the notice, on behalf of the Protection Officer, at the address where the respondent is stated to be ordinarily residing in India by the complainant or aggrieved person or where the respondent is stated to be gainfully employed by the complainant or aggrieved person, as the case may be.
(b) The notice shall be delivered to any person in charge of such place at the moment and in case of such delivery not being possible it shall be pasted at a conspicuous place of the premises.
(c) For serving the notices under section 13 or any other provision of the Act, the provisions under Order V of the Civil Procedure Code, 1908 (5 of 1908) or the provisions under Chapter VI of the Code of Criminal Procedure, 1973 (2 of 1974) as far as practicable may be adopted.
(d) Any order passed for such service of notices shall entail the same consequences, as an order passed under Order V of the Civil Procedure Code, 1908 or Chapter VI of the Code of Criminal Procedure, 1973 respectively, depending upon the procedure found efficacious for making an order for such service under section 13 or any other provision of the Act and in addition to the procedure prescribed under the Order V or Chapter VI, the Court may direct any other steps necessary with a view to expediting the proceedings to adhere to the time limit provided in the Act.
(3) On a statement on the date fixed for appearance of the respondent, or a report of the person authorised to serve the notices under the Act, that service has been effected appropriate orders shall be passed by the Court on any pending application for interim relief, after hearing the complainant or the respondent, or both.
(4) When a protection order is passed restraining the respondent from entering the shared household or the respondent is ordered to stay away or not to contact the petitioner, no action of the aggrieved person including an invitation by the aggrieved person shall be considered as waiving the restraint imposed on the respondent, by the order of the Court, unless such protection order is duly modified in accordance with the provisions of sub-section (2) of section 25.
### 13. Appointment of Counsellors.
(1) A person from the list of available Counsellors forwarded by the Protection Officer, shall be appointed as a Counsellor, under intimation to the aggrieved person.
(2) The following persons shall not be eligible to be appointed as Counsellors in any proceedings, namely :
(i) Any person who is interested or connected with the subject matter of the dispute or is related to any one of the parties or to those who represent them unless such objection is waived by all the parties in writing.
(ii) Any legal practitioner who has appeared for the respondent in the case or any other suit or proceedings connected therewith.
(3) The Counsellors shall as far as possible be women.
### 14. Procedure to be followed by Counsellors.
(1) The Counsellor shall work under the general supervision of the Court or the Protection Officer or both.
(2) The Counsellor shall convene a meeting at a place convenient to the aggrieved person or both the parties.
(3) The factors warranting counselling shall include the factor that the respondent shall furnish an undertaking that he would refrain from causing such domestic violence as complained by the complainant and in appropriate cases an undertaking that he will not try to meet, or communicate in any manner through letter or telephone, electronic mail or through any medium except in the counselling proceedings before the Counsellor or as permissible by law or order of a Court of competent jurisdiction.
(4) The Counsellor shall conduct the counselling proceedings bearing in mind that the counselling shall be in the nature of getting an assurance, that the incidence of domestic violence shall not get repeated.
(5) The respondent shall not be allowed to plead any counter justification for the alleged act of domestic violence in counselling the fact and any justification for the act of domestic violence by the respondent is not allowed to be a part of the counselling proceedings should be made known to the respondent, before the proceedings begin.
(6) The respondent shall furnish an undertaking to the Counsellor that he would refrain from causing such domestic violence as complained by the aggrieved person and in appropriate cases an undertaking that he will not try to meet, or communicate in any manner through letter or telephone, e-mail, or through any other medium except in the counselling proceedings before the Counsellor.
(7) If the aggrieved person so desires, the Counsellor shall make efforts of arriving at a settlement of the matter.
(8) The limited scope of the efforts of the Counsellor shall be to arrive at the understanding of the grievances of the aggrieved person and the best possible redressal of her grievances and the efforts shall be to focus on evolving remedies or measures for such redressal.
(9) The Counsellor shall strive to arrive at a settlement of the dispute by suggesting measures for redressal of grievances of the aggrieved person by taking into account the measures or remedies suggested by the parties for counselling and reformulating the terms for the settlement, wherever required.
(10) The Counsellor shall not be bound by the provisions of the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908, or the Code of Criminal Procedure, 1973, and his action shall be guided by the principles of fairness and justice and aimed at finding way to bring an end to domestic violence to the satisfaction of the aggrieved person and in making such an effort the Counsellor shall give due regard to the wishes and sensibilities of the aggrieved person.
(11) The Counsellor shall submit his report to the Magistrate as expeditiously as possible for appropriate action.
(12) In the event the Counsellor arrives at a resolution of the dispute, he shall record the terms of settlement and get the same endorsed by the parties.
(13) The court may, on being satisfied about the efficacy of the solution and after making a preliminary enquiry from the parties and after, recording reasons for such satisfaction, which may include undertaking by the respondents to refrain from repeating acts of domestic violence, admitted to have been committed by the respondents, accept the terms with or without conditions.
(14) The Court shall, on being so satisfied with the report of counselling, pass an order, recording the terms of the settlement or an order modifying the terms of the settlement on being so requested by the aggrieved person, with the consent of the parties.
(15) In cases, where a settlement cannot be arrived at in the counselling proceedings, the Counsellor shall report the failure of such proceedings to the Court and the Court shall proceed with the case in accordance with the provisions of the Act.
(16) The record of proceedings shall not be deemed to be material on record in the case on the basis of which any inference may be drawn or an order may be passed solely based on it.
(17) The Court shall pass an order under section 25, only after being satisfied that the application for such an order is not vitiated by force, fraud or coercion or any other factor and the reasons for such satisfaction shall be recorded in writing in the order, which may include any undertaking or surety given by the respondent.
### 15. Breach of protection orders.
(1) An aggrieved person may report a breach of protection order or an interim protection order to the Protection Officer.
(2) Every report referred to in sub-rule (1) shall be in writing by the informant and duly signed by her.
(3) The Protection Officer shall forward a copy of such complaint with a copy of the protection order of which a breach is alleged to have taken place to the concerned Magistrate for appropriate orders.
(4) The aggrieved person may, if she so desires, make a complaint of breach of protection order or interim protection order directly to the Magistrate or the police, if she so chooses.
(5) If, at any time after a protection order has been breached, the aggrieved person seeks his assistance, the Protection Officer shall immediately rescue her by seeking help from the local police station and assist the aggrieved person to lodge a report to the local police authorities in appropriate cases.
(6) When charges are framed under section 31 or in respect of offences under section 498A of the Indian Penal Code, 1860 (45 of 1860), or any other offence not summarily triable, the Court may separate the proceedings for such offences to be tried in the manner prescribed under Code of Criminal Procedure, 1973 (2 of 1974) and proceed to summarily try the offence of the breach of protection order under section 31, in accordance with the provisions of Chapter XXI of the Code of Criminal Procedure, 1973 (2 of 1974).
(7) Any resistance to the enforcement of the orders of the Court under the Act by the respondent or any other person purportedly acting on his behalf shall be deemed to bE a breach of protection order or an interim protection order covered under the Act
(8) A breach of a protection order or an interim protection order shall immediately be reported to the local police station having territorial jurisdiction and shall be dealt with is a cognizable offence as provided under sections 31 and 32.
(9) While enlarging the person on bail arrested under the Act, the Court may, by order, impose the following conditions to protect the aggrieved person and to ensure the presence of the accused before the Court, which may include
(a) an order restraining the accused from threatening to commit or committing an act of domestic violence;
(b) an order preventing the accused from harassing, telephoning or making any contact with the aggrieved person;
(c) an order directing the accused to vacate and stay away from the residence of the aggrieved person or any place she is likely to visit;
(d) an order prohibiting the possession or use of firearm or any other dangerous weapon;
(e) an order prohibiting the consumption of alcohol or other drugs;
(f) any other order required for protection, safety and adequate relief to the aggrieved person.
### 16. Shelter to the aggrieved person.
(1) On a request being made by the aggrieved person, the Protection Officer or a service provider may make a request under section 6 to the person in charge of a shelter home in writing, clearly stating that the application is being made under section 6.
(2) When a Protection Officer makes a request referred to in sub-rule (1), it shall be accompanied by a copy of the domestic incident report registered, under section 9 or under section 10 :
Provided that shelter home shall not refuse shelter to an aggrieved person under the Act, for her not having lodged a domestic incident report, prior to the making of request for shelter in the shelter home.
(3) If the aggrieved person so desires, the shelter home shall not disclose the identity of the aggrieved person in the shelter home or communicate the same to the person complained against.
### 17. Medical facility to the aggrieved person.
(1) The aggrieved person or the Protection Officer or the service provider may make a request under section 7 to a person in charge of a medical facility in writing, clearly stating that the application is being made under section 7.
(2) When a Protection Officer makes such a request, it shall be accompanied by a copy of the domestic incident report :
Provided that the medical facility shall not refuse medical assistance to an aggrieved person under the Act, for her not having lodged a domestic incident report, prior to making a request for medical assistance or examination to the medical facility.
(3) If no domestic incident report has been made, the person in charge of the medical facility shall fill in Form I and forward the same to the local Protection Officer.
(4) The medical facility shall supply a copy of the medical examination report to the aggrieved person free of cost.
Form I
[Refer rules 5(1) and (2) and 17(3)1
Domestic Incident Report Under Sections 9(B) and 37(2)(C) of The Protection of Women from Domestic Violence Act, 2005 (43 of 2005)
### 1. Details of the complainant/aggrieved person (i) Name of the complainant/aggrieved person:
(ii) Age:
(iii) Address of the shared household:
(iv) Present Address:
(v) Phone Number, if any:
### 2. Details of Respondents | | | | | |
| --- | --- | --- | --- | --- |
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S. No.
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Name
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Relationship with the aggrieved person
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Address
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Telephone No., if any
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### 3. Details of children, if any, of the aggrieved person: (a) Number of children:
(b) Details of children:
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| --- | --- | --- | --- |
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Name
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Age
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Sex
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With whom at present residing
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### 4. Incidents of domestic violence | | | | | |
| --- | --- | --- | --- | --- |
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S. No.
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Date, Place and time of violence
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Person who caused domestic
Violence
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Type of violence
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Remarks
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Physical violence
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Causing hurt of any kind, please specify
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(I) Sexual violence please tick
mark(√) the column applicable.
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Force sexual intercourse.
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Forced
to watch pornography or other obscene material.
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forcibly
using you to entertain others.
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Any
other act of sexual nature, abusing, humiliating, degrading or
otherwise violative of your dignity (please Specify details in
the space provided below):
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(ii) verbal and emotional abuse
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Accusation/aspersion
on your character or conduct, etc.
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Insult
for not bringing dowry, etc
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Insult
for not having a male child.
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Insult
for not having any child.
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Demeaning,
humiliating or undermining remarks/statement
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Ridicule.
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Name
calling
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Forcing
you to not attend school, college or any other educational
institution.
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Preventing
you for taking up a job
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Preventing
you fr9om leaving the house.
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Preventing
you from meeting any particular person
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Forcing
you to get married against your will
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Preventing
you from marrying a person of your choice.
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Forcing
you to marry a person of his/their own choice.
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Any
other verbal or emotional abuse
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(Please
specify in the space provided below
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(iii) Economic violence
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Not
providing money for maintaining you or your children
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Not
providing food, clothes, medicine, etc, for you or your children
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Forcing
you out of the house you live in
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Preventing
you from accessing or using any part of the house
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Preventing
or obstructing you from carrying on your employment
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Not
allowing you to take up an employment
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Non-payment
of rent in case of a rented accommodation
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Not
allowing you to use clothes or articles of general household use
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Selling
or pawning your stridhan or an other valuables without informing
you and without your consent
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Forcibly
taking away your salary, income or wages etc.
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Disposing
your Stridhan
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Non-payment
of other bills such as electricity, etc.
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Any
other economic violence
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(please specify in
the space provided below)
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(iv) Dowry related harassment
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Demands
for dowry made, please specify
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Any
other details with regard to dowry, please specify
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Whether
details of dowry items. Stridhan, etc, attached with the form
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Yes
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No
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(v) any other information regarding
acts of domestic violence against you or your children
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(Signature or thumb impression of the complainant/aggrieved person)
### 5. List of document attached. | | | |
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Name of document
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Date
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Any other detail
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Medico legal certificate
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Doctor's certificate or any other prescription
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List of Stridhan
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Any other document
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### 6. Order that you need under the Protection of Women from Domestic Violence Act, 2005 | | | | |
| --- | --- | --- | --- |
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S. No.
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Orders
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Yes/No
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Any other
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(1) |
Protection order under section 18
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(2) |
Residence order under section 19
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(3) |
Maintenance order under section 20
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(4) |
Custody order under section 21
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(5) |
Compensation order under section 22
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(6) |
Any other order (specify) |
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### 7. Assistance that you need | | | | |
| --- | --- | --- | --- |
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S. No.
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Assistance Available
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Yes/No
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Nature of assistance
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(1) |
(2) |
(3) |
(4) |
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(1) |
Counsellor
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(2) |
Police assistance
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(3) |
Assistance for initiating criminal proceedings
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(4) |
Shelter home
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(5) |
Medical facilities
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(6) |
Legal aid
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### 8. Instruction for the police officer assisting in registration of a Domestic Incident Report: Wherever the information provided in this From discloses an offence under the Indian Penal Code or any other law, the police officer shall
(a) inform the aggrieved person that she can also initiate criminal proceedings by lodging a First Information Report under the Code of Criminal Procedure, 1973 (2 of 1973);
(b) if the aggrieved person does not want to initiate criminal proceedings, then make daily dairy entry as per the information contained in the domestic incident report with a remark that the aggrieved person due to the intimate nature of the relationship with the accused wants to pursue the civil remedies for protection against domestic violence and has requested that on the basis of the information received by her, the matter has been kept pending for appropriate enquiry before registration of an FIR;
(c) if any physical injury or pain being reported by the aggrieved person, offer immediate medical assistance and get the aggrieved-person medically examined.
Place :
Date :
(Counter signature of Protection
Officer/Service Provider)
Name :........................
Address:.......................
(Seal) Copy forwarded to:-
### 1. Local Police Station ###
2. Service Provider/Protection Officer
### 3. Aggrieved person ###
4. Magistrate
Form II
[Refer rule 6(1) ]
Application to The Magistrate Under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (43 of 2005)
To
The Court of Magistrate
.....................
.....................
.....................
.....................
Application under section ............. of
the Protection of Women from Domestic
Violence Act, 2005 (43 of 2005)
Showeth:
### 1. That the application under section ........... of Protection of Women from Domestic Violence Act, 2005 is being filed along with a copy of Domestic Incident Report by the (a) Aggrieved Person
(b) Protection Officer
(c) Any other person on behalf of the aggrieved person
(tick whichever is applicable)
### 2. It is prayed that the Hon'ble Court may take cognizance of the complaint/Domestic Incident Report and pass all/any of the orders, as deemed necessary in the circumstances of the case. (a) Pass protection orders under section 18 and/or
(b) Pass residence orders under section 19 and /or
(c) Direct the respondent to pay monetary relief under section 20 and /or
(d) Pass orders under section 21 of the Act and/or
(e) Direct the respondent to grant compensation or damages under section 22 and/or
(f) Pass such interim orders as the court deems just and proper;
(g) Pass any orders as deems fit in the circumstances of the case.
### 3. Orders required: (i) Protection Order under section 18
Prohibiting acts of domestic violence by granting an injunction against the respondent/s from repeating any of the acts mentioned in terms of column 4(a) /(b)/(c)/(d)/(e)/(f)/(g) of the application
Prohibiting Respondent(s) from entering the school/college/workplace
Prohibiting from stopping you from going to your place of employment
Prohibiting respondent(s) from entering the school /college/any other place of your children
Prohibiting from stopping you from going to your school
Prohibiting any form of communication by the respondent with you
Prohibiting alienation of assets by the respondent
Prohibiting operation of joint bank lockers/accounts by the respondent and allowing the aggrieved person to operate the same
Directing the respondent to stay away from the dependants/relatives/any other person of the aggrieved person to prohibit violence against them
Any other order, please specify
(ii) Residence Order under section 19
An order restraining respondent(s) from Dispossessing or throwing me out from the shared household Entering that portion of the shared household in which I reside Alienating/disposing/encumbering the shared household
Renouncing his rights in the shared household
An order entitling me continued access to my personal effects
An order directing respondent(s) to
Remove himself from the shared household
Secure same level of alternate accommodation or pay rent for the same
Any other order, please specify
(iii) Monetary reliefs under section 20
Loss of earnings, Amount claimed
Medical expenses, Amount claimed
Loss due to destruction/damage or removal of property from the control of the aggrieved person, Amount claimed
Any other loss or physical or mental injury as specified in clause 10(d) Amount claimed
Total amount claimed
Any other order, please specify
(iv) Monetary reliefs under section 20
Directing the Respondent to pay the following expenses as monetary relief:
Food, clothes, medications and other basic necessities, Amount per month
| | |
| --- | --- |
|
School fees and related expenses
|
Amount...................... per
month
|
|
School fees and related expenses
|
Amount..................... per month
|
|
Household expenses
|
Amount........................ per month
|
|
Any other expenses
|
Total......................... per month
|
|
Any other order, please specify
|
|
(v) Custody order under section 21
Direct the respondent to hand over the custody of the child or children to the-
Aggrieved Person
Any other person on her behalf, details of such person
(vi) Compensation order under section 22
(vii) Any other order, please specify
### 4. Details of previous litigation, if any (a) Under the Indian Penal Code, Sections ...... Pending in the court of
Disposed off, details of relief
(b) Under CrPC, Sections ....... Pending in the court of
Disposed off, details of relief
(c) Under the Hindu Marriage Act, 1956, Sections .......... Pending in the court of
Disposed off, details of relief
(d) Under the Hindu Adoptions and Maintenance Act, 1956, Sections Pending in the court of
Disposed off, details of relief
(e) Application for Maintenance, under ....... section under Act
| | |
| --- | --- |
|
Interim maintenance
|
Rs....................... p.m.
|
|
Maintenance granted
|
Rs..........................p.m.
|
(f) Whether Respondent was sent to Judicial Custody
For less than a week ? For less than a month
For more than a month
Specify period
(g) Any other order
Prayer:
It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to grant the relief (s) claimed therein and pass such order or orders other order as this Hon'ble Court may deem fit and proper under the given facts and circumstances of the case for protecting the aggrieved person from domestic violence and in the interest of justice.
Place :
Dated :
Complainant/Aggrieved Person Through
Form III
[Refer rules 6(4) and 7]
Affidavit Under Section 23(2) of The Protection of Women From Domestic Violence Act, 2005
In The Court of ....... in the matter of:; MM, ..............
P/S -
In the Matter of:
Ms ........... & Others.............Complainant
Versus
Mr............. & Others..............Respondent
Affidavit
I, ............,W/o Mr. .............. R/o ............., D/o Mr. ............ R/o ................, presently residing at .............. do hereby solemnly affirm and declare on oath as under;
### 1. That I am the applicant in the accompanying application for ........... filed for myself and for my daughter/son. ###
2. That I am the natural guardian of ................
### 3. That being conversant with the facts and circumstances of the case I am competent to swear this affidavit. ###
4. That the Deponent had been living with the respondent/s at ............... since .............. to ................
### 5. That the details provided in the present application for the grant of relief under section(s) .................... have been entered into by me/at my instructions. ###
6. That the contents of the application have been read over, explained to me in English/Hindi/any other local language (Please specify .....................
### 7. That the contents of the said application may be read as part of this affidavit and are not repeated herein for the sake of brevity. ###
8. That the applicant apprehends repetition of the acts of domestic violence by the respondent(s) against which relief is sought in the accompanying application.
### 9. That the respondent has threatened the Applicant that ....................... ###
10. That the reliefs claimed in the accompanying application are urgent in as much as the applicant would face great financial hardship and would be forced to live under threat of repetition/escalation of acts of domestic violence complained of in the accompanying application by the respondent(s) if the said reliefs are not granted on an ex-parte ad-interim basis.
### 11. That the facts mentioned herein are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom. Deponent
Verification
Verified at .............. on this .............. day of 20 ................ That the contents of the above affidavit are correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed therefrom.
Deponent
Form IV
(Refer rule 8(1) (ii)
Information on Rights of Aggrieved Persons Under The Protection of Women From Domestic Violence Act, 2005
### 1. If you are beaten up, threatened or harassed in your home by a person with thorn you reside in the same house, then you are facing domestic violence. The Protection of Women from Domestic Violence Act, 2005, gives you the right to claim I Protection and assistance against domestic violence. ###
2. You can receive protection and assistance under the Act, if the person(s) with 'horn you are/were residing in the same house, commits any of the following acts of violence against you or a child in your care and custody
### 1. Physical Violence: For example
(i) Beating;
(ii) Slapping;
(iii) Hitting;
(iv) Biting;
(v) Kicking;
(vi) Punching;
(vii) Pushing;
(viii) Shoving; or
(ix) Causing bodily pain or injury in any other manner.
### 2. Sexual Violence: For example
(i) Forced sexual intercourse;
(ii) Forces you to look at pornography or any other obscene pictures or material;
(iii) Any act of sexual nature to abuse, humiliate or degrade you, or which is otherwise violative of your dignity or any other unwelcome conduct of sexual nature;
(iv) Child sexual abuse.
### 3. Verbal and Emotional Violence: For example
(i) Insults;
(ii) Name-calling;
(iii) Accusations on your character or conduct etc.;
(iv) Insults for not having a male child;
(v) Insults for not bringing dowry etc.;
(vi) Preventing you or a child in your custody from attending school2 college or any other educational institution;
(vii) Preventing you from taking up a job;
(viii) Forcing you to leave your job;
(ix) Preventing you or a child in your custody from leaving the house;
(x) Preventing you from meeting any person in the normal course of events;
(xi) Forcing you to get married when you do not want to marry;
(xii) Preventing you from marrying a person of your own choice;
(xiii) Forcing you to marry a particular person of his/their own choice;
(xiv) Threat to commit suicide;
(xv) Any other verbal or emotional abuse.
### 4. Economic Violence: For example
(i) Not providing you money for maintaining you or your children;
(ii) Not providing food, clothes, medicines etc. for you or your children;
(iii) Stopping you from carrying on your employment; or
(iv) Disturbing you in carrying on your employment;
(v) Not allowing you to take up an employment; or
(vi) Taking away your income from your salary, wages etc.; or
(vii) Not allowing you to use your salary, wages etc.;
(viii) Forcing you out of the house you live in;
(ix) Stopping you from accessing or using any part of the house;
(x) Not allowing use of clothes, articles or things of general household use;
(xi) Not paying rent if staying in a rented accommodation, etc.
### 3. If an act of domestic violence is committed against you by a person/s with whom you are/were residing in the same house, you can get all or any of the following orders against the person(s) (a)
Under section 18:
(i) To stop committing any further acts of domestic violence on you or your children;
(ii) To give you the possession of your stridhan, jewellery, clothes etc.;
(iii) Not to operate the joint bank accounts or lockers without permission of the court.
(b) Under section 19:
(i) Not to stop you from residing in the house where you were residing with the person Is;
(ii) Not to disturb or interfere with your peaceful enjoyment of residence;
(iii) Not to dispose off the house in which you are residing;
(iv) If your residence is a rented property then either to ensure payment of rent or secure any other suitable alternative accommodation which offers you the same security and facilities as earlier residence;
(v) Not to give up the rights in the property in which you are residing without the permission of the court;
(vi) Not to take any loan against the house/property in which you are residing or mortgage it or create any other financial liability involving the property;
(vii) Any or all of the following orders for your safety requiring the person Is to
(c) General Order:
(i) Stop the domestic violence complained/reported.
(d) Special Orders:
(i) Remove himself/stay away from your place of residence or workplace;
(ii) Stop making any attempts to meet you;
(iii) Stop calling you over phone or making any attempts to communicate with you by letter, e-mail etc.;
(iv) Stop talking to you about marriage or forcing you to meet a particular person of his/their choice for marriage;
(v) Stay away from the school of your child /children, or any other place where you and your children visit;
(vi) Surrender possession of firearms, any other weapon or any other dangerous substance;
(vii) Not to acquire possession of firearms, any other weapon or any other dangerous substance and not to be in possession of any similar article;
(viii) Not to consume alcohol or drugs with similar effect which led to domestic violence in the past;
(ix) Any other measure required for ensuring your or your children's safety.
(e) An order for interim monetary relief under sections 20 and 22 including
(i) Maintenance for you or your children;
(ii) Compensation for physical injury including medical expenses;
(iii) Compensation for mental torture and emotional distress;
(iv) Compensation for loss of earning;
(v) Compensation for loss caused by destruction, damage, removal of any property from your possession or control.
Notes :
I. Any of the above relief can be granted on an interim basis, as soon as you make a complaint of domestic violence and present your application for any of the relief before the court.
II. A complaint of domestic violence made in Form I under the Act is called a "Domestic Incident Report").
### 4. If you are a victim of domestic violence, you have the following rights: (i) The assistance of a protection officer and service providers to inform you about your rights and the relief which you can get under the Act under section 5.
(ii) The assistance of protection officer, service providers or the officer in charge of the nearest police station to assist you in registering your complaint and filing an application for relief under sections 9 and 10.
(iii) To receive protection for you and your children from acts of domestic violence under section 18.
(iv) You have right to measures and orders protecting you against the particular dangers or insecurities you or your child are facing.
(v) To stay in the house where you suffered domestic violence and to seek restraint on other persons residing in the same house, from interfering with or disturbing peaceful enjoyment of the house and the amenities facilities therein, by you or your children under section 19.
(vi) To regain possession of your stridhan, jewellery, clothes, articles of daily use and other household goods under section 18.
(vii) To get medical assistance, shelter, counselling and legal aid under sections 6, 7, 9 and 14.
(viii) To restrain the person committing domestic violence against you from contacting you or communicating with you in any manner under section 18.
(ix) To get compensation for any physical or mental injury or any other monetary loss due to domestic violence under section 22.
(x) To file complaint or applications for relief under the Act directly to the court under sections 12, 18, 19, 20, 21, 22 and 23.
(xi) To get the copies of the complaint filed by you, applications made by you, reports of any medical or other examination that you or your child undergo.
(xii) To get copies of any statements recorded by any authority in connection with domestic violence.
(xiii) The assistance of the Protection Officer or the police to rescue you from any danger.
### 5. The person providing the form should ensure that the details of all the registered service providers are entered in the manner and space provided below. The following is the list of service providers in the area: | | | |
| --- | --- | --- |
|
Name of Organization
|
Service Provided
|
Contact Detail
|
|
|
|
|
|
|
|
|
|
|
|
|
Continue the list on a separate sheet, if necessary ......................
Form V
(Refer rule 8(1) (iv)(iv)
Safety Plan
### 1. When a Protection Officer, police officer or any other service provider is assisting the woman in providing details in this form, then details in columns C and D are to be filled in by the Protection Officer, police officer or any other service provider, as the case may be, in consultation with the complainant and with her consent. ###
2. The aggrieved person in case of approaching the court directly may herself provide details in columns C and D.
### 3. If the aggrieved person leaves columns C and D blank and approaches the court directly, then details in the said columns are to be provided by the Protection Officer to the court, in consultation with the complainant and with her consent. | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
|
A
|
B
|
C
|
D
|
E
|
|
Sl. No.
|
Violence by the Respondent
|
Consequences of violence mentioned in Column A
suffered by the Aggrieved Person
|
Apprehensions of the Aggrieved Person regarding
violence mentioned in Column A
|
Measures required for safety
|
Orders sought from the court
|
|
1.
|
Physical violence by the Respondent
|
Complainant's perception that she and her children are at risk
of repetition of physical violence
|
(a) Repetition(b) Escalation(c) fear of injury(d)
Any other, specify
|
|
|
|
2.
|
Any sexual act abusing, humiliating or degrading, otherwise
violative of your dignity
|
(a) Depression(b) At risk of repetition of such an act(c)
Facing attempts to commit such acts
|
(a) Repetition(b) Escalation(c) fear of injury
|
|
|
|
3.
|
Attempts at Strangulation
|
(a) Physical injury(b) Mental ill health(c) Any
other, specify
|
(a) Repetition(b) Any other, specify
|
|
|
|
4.
|
Beatings to the children
|
(a) Injury to the children(b) Adverse mental effect of the
same on the children(c) Any other, specify
|
(a) Risk of repetition(b) Adverse effect of violent
behaviour/environment on the child
|
|
|
|
5.
|
Threats to commit suicide by the Respondent
|
(a) Violent environment in the house(b) Threat to safety(c)
any other, specify
|
(a) Actually trying to commit the same(b) Repetition(c)
Any other specify
|
|
|
|
6.
|
Attempts commit suicide by the Respondent
|
(a) Violent environment in the house(b) Insecurity,
anxiety, depression, mental trauma(c) any other, specify
|
(a) Repetition, escalation, aggravation of the same(b)
Mental trauma pain(c) Any other, specify
|
|
|
|
7.
|
Psychological & Emotional abuse of the Complainant like
insults, ridicule, name calling insult for not having a male
child, false accusations of unchastity, etc
|
(a) Depression(b) Mental Trauma, pain(c) Unsuitable
atmosphere for the child/children(d) Any other, specify
|
(a) Repetition escalation, aggravation of the same(b)
Mental trauma, pain(c) any other, specify
|
|
|
|
8.
|
Making verbal threats to cause her, to the aggrieved
person/her children/parents/relative
|
(a) Living in constant fear(b) Mental trauma, pain(c)
Any other specify
|
(a) Respondent may carry out the mentioned threats(b)
Mental trauma, pain(c) any other, specify
|
|
|
|
9.
|
Forcing not to attend school/college/any other educational
institution
|
(a) Depression(b) Mental Trauma, pain(c) Any other
specify
|
(a) Repetition(b) Mental trauma, pain(c) any other,
specify
|
|
|
|
10.
|
Forcing to get married when do not want to/ forcing not to
marry a person of choice/forcing to marry a particular person of
Respondent/s' choice
|
(a) Depression(b) Mental Trauma, pain(c) Any other
specify
|
(a) Repetition(b) Mental trauma, pain(c) any other,
|
|
|
|
11.
|
Threatening to kidnap the child/children
|
(a) Living in constant fear(b) Threat to the
child/children 's safety
|
(a) children might be kidnapped(b) Any other, specify
|
|
|
|
12.
|
Actually causing harm to the aggrieved person/
children/relatives
|
(a) Living in constant fear of further harm(b) Any other
specify
|
(a) Repetition(b) Escalation(c) Fear of
injury(d) any the,l specify
|
|
|
|
13.
|
Substance abuse (drugs/alcohol)
|
(a) Living in constant fear of abusive and violent behaviour by
the by the Respondent due to substance abuse(b) Deprived of
leading a normal life(c) Any other, specify
|
(a) Physical violence after consuming the same(b) Abusive
behaviour after consuming the same(c) Non-payment of
maintenance/household expenses
|
|
|
|
14.
|
History of criminal behaviour
|
(a) Constant fear of violence](b) Fear of revenge by the
Respondent
|
(a) Respondent has a tendency to violate law and is likely to
flout orders passed by the court against him(b) Respondent
might cause harm to the aggrieved person/children for filling any
further proceedings.(c) Any other, specify
|
|
|
|
15.
|
Not provided money towards maintenance, food, clothes,
medicines, etc.
|
(a) Driven towards vagrancy and destitution(b) Any other,
specify
|
(a) Have to face great hardship to fulfil the needs and
requirements of her child/children and herself(b) Any other,
specify
|
|
|
|
16.
|
Stopped, disturbed from carrying on employment or not allowed
take up the same
|
(a) Not able to fulfil the basic needs for yourself and your
children(b) Any other, Specify
|
(a) Have to face great hardship to fulfil the needs and
requirements of her child/children and herself(b) Any other,
specify
|
|
|
|
17.
|
Forced out of the house, stopped from accessing or using any
part of the house or prevented from leaving the same
|
(a) Having no place to stay for yourself and your children(b)
Being restricted to a particular area of the house
|
(a) Safety of her child/children and herself(b) Have to
face great hardship in providing shelter for her and her
children(c) Any other, specify
|
|
|
|
18.
|
Not allowed use of clothes, articles or things of general
household use
|
(a) Losing possession of the same(b) Not having resources
to replace the same
|
(a) the same may be disposed off by the Respondent(b) Any
other
|
|
|
|
19.
|
Non-payment of rent in case f a rented accommodation
|
(a) Being asked to leave the same by the owner on such
non-payment(b) No alternate accommodation to go to(c)
No income to afford a rented accommodation
|
(a) Losing shelter(b) Facing great hardship(c) Any
other, Specify
|
|
|
|
20.
|
Sold, pawned stridhan or any other valuables without informing
or without consent
|
(a) Loss of valuables or property(b) Any other, specify
|
(a) The same may be disposed off by the Respondent(b) Any
other, specify
|
|
|
|
21.
|
Dispossessed of stridhan
|
(a) Deprived of the property in her possession(b) Any
other. Specify
|
(a) The same may be disposed off by the Respondent(b) Fear
of never receiving the same again(c) Any other, specify
|
|
|
|
22.
|
Breach of civil/criminal court order, specify order
|
Please specify
|
Please specify
|
|
|
Form VI
[Refer rule 11(1) ]
Form For Registration As Service Providers Under Section 10(1) of The Protection of Women From Domestic Violence Act, 2005
| | | |
| --- | --- | --- |
|
1.
|
Name of the applicant
|
|
|
2.
|
Address along with phone number, e-mail address, if any
|
|
|
3.
|
Services being rendered
|
ShelterPsychiatric
CounsellingFamily CounsellingVocational
Training Centre Medical Assistance
Awareness Programme Counselling for a group of people
who are victims of domestic violence and family disputesany
other, specify
|
|
4.
|
Number of persons employed for such services providing
|
|
|
5.
|
Whether providing the required services in your institution
requires certain statutory minimum professional qualification? If
yes, please specify and give details
|
|
|
6.
|
Whether list of names of the persons and the capacity in which
they are working and their professional qualification is attached
|
YesNo
|
|
7.
|
Period for which the services are being rendered
|
3 years4
years5 years6 yearsmore than
6 years
|
|
8.
|
Whether registered under any law/regulation
|
YesNo
|
|
If yes, give the registration Number
|
|
|
9.
|
Whether requirements prescribed by any regulatory body or law
fulfilled?
|
|
|
If yes, the name and address of the regulatory body.
|
|
|
Note: In case of a shelter home, details under columns
10 to 18 are to be entered by registering authority after
inspection of the shelter home.
|
|
10.
|
Whether there is adequate space in the shelter home
|
YesNo
|
|
11.
|
Measured area of the entire premise
|
|
|
12.
|
Numbers of rooms
|
|
|
13.
|
Area of rooms
|
|
|
14.
|
Details of security arrangements available
|
|
|
15.
|
Whether a record available for maintaining a functional
telephone connection for the use of inmates for the last 3 years
|
|
|
16.
|
Distance of the nearest dispensary/ clinic/medical facility
|
|
|
17.
|
Whether any arrangement for regular visits by a medical
professional has been made
|
YesNo
|
|
If yes, name of the medical professional
|
|
| | |
| --- | --- |
|
Address
|
.............................
|
|
Contact number
|
...............................
|
|
Qualification
|
................................
|
|
specialisation
|
..................................
|
### 18. Any other facilities available, specify
Note: In case of a counselling centre, details under columns 19 to 25 are to be entered after inspection by registering authority
### 19. Number of counsellors in the centre
### 20. Minimum qualification of the counsellors, specify
Under graduate
Post graduate
Diploma holder
Professional degree
Any other, specify
### 21. Experience of the counsellors
Less than a year
### 1. year ###
2. years
### 3. years More than 3 years
### 22. Professional qualification/experience of counsellors
Professional degree
Experience in family counselling as a ................ (designation) in the .............. (Name of the organization)
Experience in psychiatric counselling as ............... (designation) in the ..................... (Name of the organization)
Any other relevant experience, please specify
### 23. Whether a list of names of counsellors along with their qualifications has been annexed
Yes
No
### 24. Type of counselling provided
Supportive one-to-one counselling
Cognitive behavioural therapy (CBT) [Mental process that people use to remember, reason, understand, solve problems and judge things]
Providing counselling to a group of people suffering
Family counselling
### 7. Facilities provided Offering personal, professional and confidential counselling sessions
A safe environment to discuss problems and express emotions
Information on counselling services, support groups and mental health care resources
One-to-one counselling and group work
Therapies, ongoing counselling and health related support
Any, other please specify
(C) Any other service
(1) Services being provided
(2) Personnel appointed
(3) Statutory minimum qualifications required for providing such service
(4) Whether a list of names of personnel engaged for providing service along with their professional qualification is annexed
Yes No
(5) Any other details which the service provider desirous of registration may provide
If necessary continue on a separate sheet.
Place:
Date:
Signature of authorised official
Designation:
(Seal) Form VII
[Refer rule 11(1) ]
Notice for Appearance Under Section 13(1) of The Protection of Women From Domestic Violence Act, 2005
In The Court of
P/S:
In The Matter of:
Ms............................Complainant
Versus
Mr..............................Respondent
To,
Mr. ..............
S/o.................
R/o ..................
.......................
........................
Whereas the petitioner has filed an application(s) under section ............. of
the Protection of Women from Domestic Violence Act, 2005 (43 of 2005);
You are hereby directed the appear before this Court on the ............... day
of ............ 20 ............ at ............. O'clock in the .............. noon personally or through a duly authorized counsel of this Court to show cause why the relief(s) claimed by the applicant against you should not be granted, failing which the court shall proceed ex parte against you.
Given under my hand and the seal of the Court of .............. on the ..............day of........ 20........
Signature
Seal of the Court
|
65b97d94ab84c7eca86e934b | acts |
State of Punjab - Act
-----------------------
Punjab Water Supply and Sewerage Board (Purchase Procedure)
-------------------------------------------------------------
PUNJAB
India
Punjab Water Supply and Sewerage Board (Purchase Procedure)
=============================================================
Rule PUNJAB-WATER-SUPPLY-AND-SEWERAGE-BOARD-PURCHASE-PROCEDURE of 1984
------------------------------------------------------------------------
* Published on 31 May 1984
* Commenced on 31 May 1984
Punjab Water Supply and Sewerage Board (Purchase Procedure)
The Punjab Water Supply and Sewerage Board Act, 1976 does not contain any provision for framing of the purchase rules. So Punjab Water Supply and Sewerage Board makes the following procedure to regulate the purchase of equipment, store and other materials required for the performance of its functions.
### 1. Short title and commencement.
- 1.1. Procedure shall be known as the Punjab Water Supply and Sewerage Board (Purchase Procedure).
1.2
These shall come into force w.e.f. 31st May, 1984.
### 2. Scope of application.
- These purchase procedures shall be followed in all cases (except where specifically provided otherwise by the Board) for inviting, considering and accepting tenders and regulation of purchase for :-
2.1
Materials, including office furniture, stationery, office equipment etc.
2.2
Machinery equipment including tools and plant.
2.3
Materials and stores required for works.
2.4
Services.
### 3. Definitions.
- In this procedure unless there is anything repugnant in the subject or context :-
3.1
The "Government" means the Government of State of Punjab.
3.2
"Act" means Punjab Water Supply and Sewerage Board Act, 1976 and shall include any statutory amendment/modification or enactment issued from time to time.
3.3
"Board" means Punjab Water Supply and Sewerage Board as constituted under Punjab Water Supply and Sewerage Board Act, 1976.
3.4
"The Chairman" means the Chairman of the Board duly appointed by the Government under Section 4(3) of the Punjab Water Supply and Sewerage Board Act.
3.5
"Managing Director" means the Managing Director of the Board duly appointed under Section 4(5) of the Punjab Water Supply and Sewerage Board Act, 1976.
3.6
The "Whole time Director" means the Chairman of the Board, Managing Director of the Board or any other director of the Board appointed to serve on whole time basis.
3.7
"Purchase authority" means the Board or such authority/Committee to whom the power of purchasing material/services may be delegated by the Board as per Board Delegations of powers in force from time to time.
3.8
"Purchase Committee" means a Committee constituted by the Board for making purchase of all materials and for hiring of required services on behalf of the Board.
3.9
"Controller of Stores" means Controller of Stores Punjab, Chandigarh.
3.10
"DGS&D" means the Director General of Supplies and Disposal, Government of India, New Delhi.
3.11
"Rate Contract" means rate contracts entered into by DGS&D or Controller of Stores, Punjab.
3.12
"Approved Banks" means State Bank of India, State Bank of Patiala, or any other nationalised/Scheduled bank where any office of the Board opens Bank Account from time to time.
3.13
"Schedule" means schedule attached to this procedure.
3.14
"Purchase Section" is the section assigned with the functions of purchasing materials etc.
3.15
"Inspecting Officer" means any officer duly appointed or authorised by the Managing Director for the purpose of testing and inspection of material and includes his authorised agent.
3.16
"LCB Tender" means Local Competitive Bidding.
3.17
"ICB Tender" means International Competitive Bidding.
3.18
"NIT" means Notice Inviting Tender.
3.19
"Tender Form" means the document containing the specifications, general conditions and tendered quantities.
3.20
"Services" means any consultancy, printing and transportation etc. etc.
### 4. List of Approved Suppliers.
- In order to ensure that the tenders are submitted by reliable sources for supply of different items of purchase, the purchase section shall prepare the list of suppliers and shall get this approved from the Managing Director, so as to :-
4.1
Address directly to the approved suppliers regarding tender notices in addition to press publicity where required.
4.2
Make use of this approved list in case of limited tenders as prescribed herein.
### 5. Procurement System Open Tender.
- Tenders shall be invited through wide publicity in the newspapers/journals costing above Rs. 50,000/- at a time allowing normally a period of four weeks from the date of first publication for submission of tenders for the approved quantity by the Managing Director. In urgent cases, the period may be reduced to two weeks.
5.2
Rate Contract. - Items borne on rate contract of DGS&D/COS Punjab can be purchased from suppliers by the Managing Director on valid rate contract terms, where it is considered advantageous provided further that such items can also be purchased under open tender procedure prescribed herein.
5.3
Limited Tenders. - For individual items/purchases valuing up to Rs. 50,000/- at a time, tenders may be invited from approved list of suppliers/contractors through letters sent by registered post "acknowledgement due" giving a minimum period of 15 days from the date of the issue of such letters for submission of tenders. In exceptional case, the period can be reduced as considered necessary by the Managing Director.
5.4
Quotations. - For purchases costing less than Rs. 5000/- at a time the purchases may be made by issuing enquiries under postal certificates. For purchases costing above Rs. 5000/- to Rs. 10,000/- at a time the quotation notices be issued by registered post. Normally a period of one week from the date of issue of quotation notice will be given. In urgent cases, period of notice can be reduced with the approval of the Managing Director.
5.5
Purchase of Proprietary Items. - The purchase of items of proprietary nature shall be made from the manufacturers/their authorised agents requiring them to certify in their quotations that the rates quoted are the minimum which they are charging from DGS&D or other Government departments/undertakings.
5.6
Spot Tenders. - For items of urgent nature, costing above Rs. 2000/- tenders may be obtained on the spot in the market by a committee of not less than three officers (including one from account side) appointed by the Managing Director with specific delegation of powers upto 50% of his own powers.
5.7
Urgent Purchases. - In urgent cases in the Head Office, item valuing upto Rs. 2000/- each may be procured without quotations by officer so authorised by the Managing Director and with approval of the Managing Director after assessing reasonability of rates from the market. The Managing Director, however, if he so desires may delegate powers to an officer authorised by him in the head office for making total purchases of items not exceeding Rs. 100/- each and upto a limit of Rs. 1000/- per month.
5.8
Items covered by grants or loans from Foreign Government or covered by specific agreements/instructions of Central/State Government shall be purchased as per such agreements/instructions.
### 6. Purchase by the field staff.
- 6.1. The Superintending Engineer in the field may be empowered to purchase the material required for immediate consumption on works up to Rs. 10,000/- at a time subject to maximum of total local purchase of Rs. 30,000/- in a year per division after calling open quotations/tender, provided approval of next higher authority is obtained in case other then lowest/single tender/quotation is to be accepted.
6.2
Executive Engineer in the field will be competent to effect purchases of material required for consumption on works only upto Rs. 2000/- at a time, subject to a maximum total local purchase of Rs. 10,000/- in a year per sub- division after calling open quotations, provided approval of next higher authority is obtained if other than lowest/single quotation is to be accepted.
6.3
In urgent cases, items valuing upto Rs. 500/- each may be authorised to be purchased by the Executive Engineer (Field) against payment after assessing reasonability of rates from the market on the basis of at least three spot quotations in writing.
6.4
SDE may be empowered to make local purchases upto Rs. 100/- for each item, at a time on cash payment subject to a maximum total local purchase of Rs. 5000/- in a year for all items.
Note : All the above powers can only be exercised for works and not for purchase on Reserve stocks. These powers are subject to variation as decided by the Board from time to time.
### 7. Competent Authorities.
- The following authorities shall be competent to accept tenders under normal rules to the extent of powers delegated to them by the Board from time to time :
7.1
Purchase Committee (above Rs. 2.00 lacs per item) Purchase Committee shall consist of the following four members :
(a) Chairman
(b) SLUD
(c) Director Local Government Department Punjab
(d) Managing Director.
Presence of any three members of the committee shall be essential for the conduct of its office business in accordance with the rules.
7.2
The Managing Director shall be empowered to make purchases upto Rs. 2.00 lacs per item at present or to the extent of powers delegated by the Board from time to time. He may, however, constitute a lower purchase committee to assist him for this purpose.
7.3
The Managing Director shall be empowered to make purchases on DGS and D & COS Punjab rate contracts upto any value.
### 8. Purchase Requisition.
- Purchase requisition with complete bio-data shall be furnished by the S.E's after these are collected by them from their E.E's against approved schemes. The indenting officer will ensure that over indenting, which results in undue blockage of funds and heavy carrying cost of inventory is avoided. The demand of material received from E.E.'s would be carefully scrutinised by the S.E. before forwarding the same to the Head Office for effecting purchases. In case of emergent requirements, clear cut recommendations for inviting short term open tenders may be made by the S.E.
### 9. Invitation of Tenders.
- 9.1. On receipt of requisition from the S.E's, consolidated index of equipments and material to be purchased will be drawn by the Purchase Section. Against the approved quantity, Executive Engineer (Purchase) will initiate procurement action by inviting tenders clearly indicating the quantities and specifications of the material, to be purchased.
9.2
Copies of Notice Inviting Tenders both open and limited shall also be displayed on the notice board of the PWSSB.
9.3
NIT shall be issued in the proforma prescribed in schedule (A) alongwith the following forms and documents to the suppliers who request for it and deposit the fee of postal charges etc. as approved by the Managing Director from time to time.
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(i) Instructions to tenderers (Schedule 'B')
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(ii) Tender Form containing specifications as prescribed in
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(iii) Terms and conditions of contract as prescribed in
Schedule 'D'
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1 copy
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9.4
The notices issued for tenders shall be chronologically entered in a register of enquiries/tender notices maintained in the purchase section and S.No. shall be allotted to them in the same order. NIT shall clearly indicate the date by which the quotations must reach the purchase section as well as the date on which tenders shall be opened. Tenderers shall be asked to quote their rates as well as the schedule of delivery for each item included in the NIT in duplicate alongwith one copy of tender form (Schedule 'C'), the instructions to the tenderer (Schedule 'B') and terms and conditions of the contract (Schedule 'D') duly signed at each page and at any alteration/overwriting.
9.5
Tenders shall be opened on the due date jointly by two officers of purchase section (one not below the rank of Executive Engineer) and also by a representative of the Board Finance/Account Department not below the rank of Accounts Officer. All will put their dated initials on all the pages of the Tender and also encircle the rates quoted under their initials. Any alteration/cutting and overwriting in the rates or any important term/condition noticed at the time of opening of tenders shall be specifically recorded by indicating the finally quoted figures/words under the officers dated attestations. Where for any unavoidable reasons the tenders cannot be opened on the due date, the date shall be extended by purchase section with the prior approval of Managing Director and such extended date be notified to all concerned and through press where required. The tenders will then be opened on the extended date. In no case the date for opening of tenders prescribed in the NIT shall be preponed. In case the date of opening falls on a holiday or holiday is subsequently declared on that day, the tenders will be received and opened on the next working day following the holiday at the same time.
9.6
Tender should be accompanied with earnest money as specified in the NIT in the form of demand draft/deposit receipts in favour of "Managing Director, Punjab Water Supply and Sewerage Board, Chandigarh," or it should be deposited in cash in the Head Office and receipt thereof must accompany the tender. Earnest money through cheque/Bank guarantee shall not be accepted. The tender should be in a sealed envelope and demand draft/call deposit receipt/receipt of cash deposit should be attached outside this envelope and these should then be put into another sealed envelope properly superscribed "Tender for the supply of....................due on..................as called for in the tender notice No............... dated..........." Tender received late or telegraphic tenders will not be opened/entertained. Tenders received without earnest money shall normally not be considered except at the discretion of the Managing Director/Purchase Committee.
9.7
Only tenders submitted upto the due date and the time on the prescribed form in schedule 'C' accompanied by duly signed terms and conditions of contract and other schedules etc. as specified in the NIT and any tenders which are incomplete in these aspects shall be liable to be rejected.
9.8
Tenders submitted by the firms who did not purchase a set of tender document/specification as required shall not be opened and words "Ineligible tenders documents/specification not purchased" shall be written on the envelope and returned to the firm after taking the order of the Managing Director.
9.9
All tenders involving any major departure from the prescribed terms and conditions or otherwise containing ambiguous and vague terms shall be rejected, after recording detailed reasons in this behalf by the Authority competent to purchase.
9.10
Tenders received after due and time shall not be opened. Such tenders shall be labelled as "late tender not to be considered" on receipt under dated signature of the officer concerned and the tender paper alongwith earnest money, if any, be returned to the firm after obtaining the approval of the Managing Director. Photostat copy of the envelope will be retained in the record.
9.11
Where tenders have been invited in two parts i.e. Part-I containing the proposals/technical data and Part-II containing the cost, Part I will be opened, evaluated and rated with a view to assess their suitability. After the evaluation of Part-I, Part-II will be opened only of those firms approved by the authority competent to purchase.
### 10. Processing of Tenders.
- Immediately after the opening of Part-II tenders, as the case may be, all the tenders shall be tabulated in a comparative statement.
Comparative statement will indicate, inter-alia, the price as well as other extra charges on account of freight, excise duty, sales taxes etc. and net price, after adding all these elements for each tender. The comparative statement will be checked with reference to the original tender papers by an officer other than the one who has prepared it. The officer deputed for checking the statement will put down his dated initials on the comparative statement in the prescribed column.
### 11. Cancellation/Reinvitation of Tenders.
- Tenders may be reinvited by the contracting/purchasing agency with the approval of the competent authority in the event of :-
(a) Any subsequent change necessitated, in technical specification.
(b) Inadequacy of number of tenders.
(c) Unsuitability of offers.
(d) Pronounced changes in market trend.
(e) Any other compelling reasons to be recorded in writing.
(f) The competent authority reserves the right to reject all the tenders or the lowest or any other tender which in its judgment does not appear to be in its interest and no correspondence in this regard will be entertained. Tender will be regarded as constituting an offer or offers open to acceptance in whole or in part or parts at the discretion of the authority competent to purchase.
### 12. Negotiations.
- No negotiations effecting prices or basic-features of NIT Specifications shall be conducted with the tenderers once the price tenders have been opened except by the authority competent to purchase to take final decision on the tender.
### 13. Issue of Purchase Order.
- 13.1. On receipt of decision of the authority competent to purchase the concerned officer shall convey to the tenderer through a letter or telegram brief description of the items being ordered alongwith rates and special conditions, if any.
13.2
Thereafter a detailed supply order shall be drafted giving all necessary details, specifications, terms and conditions governing the contract as accepted by the authority competent to purchase and the despatch instructions.
13.3
In case of the Head Office Purchase Organisation, the supply order shall be got vetted from Finance and Accounts Branch before its issue to the supplier.
13.4
The supply orders issued from Head Office Purchase Organisation shall be signed by Executive Engineer (Purchase) on behalf of the Managing Director.
13.5
The supply order shall be despatched under a registered cover to the supplier.
### 14. Placement of Repeat Order.
- 14.1. Repeat orders may be placed in exceptional circumstances to meet the additional urgent requirement of a particular item provided
14.1.1
. The repeat order is placed within 6 months of placement of first order.
14.1.2
. The quantity of repeat order does not exceed 100% of the quantity tendered, including the increase in quantity if any at the time of original order provided it is within the competency of the authority who has previously approved otherwise the approval of the next higher authority is required.
14.1.3
. The indentor satisfies that there has been no fall in the prices from the date of placement of original and that the purchase is in the interest of the Board.
### 15. Earnest Money and Security Deposits.
- 15.1. Tender shall be accompanied with earnest money as laid down in para 9.6. As soon as a tender has been decided/supply order placed, the earnest money of unsuccessful tenderers shall be released within one month.
15.2
The earnest money of the successful tenderer will be converted into security. The security as per ordered quantity will be retained till the supplies against these orders are completed to the satisfaction of the consignees and warranty period, if any is applicable to the said order, is over. For the purchases in the Head Office, release of security will be allowed by the Executive Engineer, Purchase after he fully satisfies of the above.
15.3
Earnest money/security deposit taken from the tenderer/supplier shall be forfeited in part or in full under the following circumstances unless otherwise decided by the authority competent to purchase
(i) If the tenderer withdraws his tender during the currency of his validity period.
(ii) If the supply order has been issued but the supplier fails to honour the same. This forfeiture shall be without any prejudice to the right of the Board to claim any other damages as admissible under the law as well as to take suitable executive action against the supplier as decided by the authority competent to purchase.
### 16. Terms of Payment.
- Payment shall be made as decided by the authority competent to purchase against proof of despatch if the material is transported by rail or receipt of material by the consignee if transported by road subject to the fulfilment of the conditions and production of documents prescribed in the supply order.
### 17. Claim of Shortages/Damages/Losses During Transit.
- 17.1. In case the material is insured by the firm, damages/shortages, if noticed, on receipt of material by the consignee, claims shall be lodged with the suppliers and the amount due to him withheld or the security shall not be released till the claims are satisfactorily settled by the suppliers.
In case of defects/damages noticed in the material at any stage including the warranty period, claims shall be lodged with the firm to make good the defects/damages or replace the material within a reasonable period not exceeding 45 days from the date of intimation of the defect to the supplier. In case of failure to do so by the firm the damages/defects may be got rectified by the Board from any source and the cost adjusted from the pending dues or security deposits against this or any other contract in force, and the balance still, if any, shall be made good from the supplier.
17.2
In case the material is got insured by the Board at its own level then it is the responsibility of the consignee to lodge the claim in time with the insurance company with all requisite documents and no amount is to be deducted from dues of the firm.
### 18. Test and Inspection.
- 18.1. Inspection and tests shall normally be carried out at supplier's manufacturers works through DGS&D authority Board representative before the material is despatched to the consignee and a copy of the inspection/test report in such cases shall be attached by the supplier in original/photostat with the forwarding railway receipt or alongwith consignment. In case of DGS&D inspection, the entire responsibility rests with the supplier for getting the material inspected/supplied within the delivery period. The supplier shall be required to give atleast 21 days notice to the Purchase authority to arrange for the inspection of goods offered for despatch on different occasions. On receipt of advance notice from the supplier offering the material for inspection, Purchase Section shall communicate the same to the inspecting officer who shall ensure that the consignment is inspected within 21 days from the date of receipt of notice from the supplier :
Provided that the inspection and or tests may be waived off, in exceptional circumstances by the Managing Director after recording reasons thereof and supplier authorised in writing to send the consignment(s) without inspection clearly subject to the condition that such material will, however, be subjected to inspection/tests at the consignee's end and defects, if any noticed shall be notified promptly to the supplier for rectification or replacement of material as necessary under intimation to the Purchase Authority.
18.2
It shall be the duty of the consignee to report regarding deficiency/defects not only to the supplier direct but also to EE and SE and the purchasing authority concerned. The entire responsibility rests with the consignee and concerned EE for ensuring that the payments made in respect of such material are adjusted/recovered in the event of suppliers failure to rectify/replace the material. In exceptional cases where the consignees feel that it is not possible to recover the payment due from the supplier, the same may be intimated to the purchase section so as to take up the matter with the supplier and also to withhold the payments, if lying pending with other consignees.
18.3
No consignment offered for inspection beyond the date on which it is required to be delivered as per terms of the purchase orders, shall be inspected by the inspecting officer except with the approval of the Managing Director nor shall such delayed consignments be accepted and paid for by the consignee except with prior approval of the Managing Director.
### 19. Mode of Transport.
- 1. All the purchase orders shall be issued for destination basis and the responsibility of transport will rest with the supplier. If the tenderer quotes the rates both by rail and by road, the mode of transport will be as decided by the authority competent to purchase. However, the Purchase Committee may authorise the Managing Director for the change of mode of Transport depending upon the circumstances at the time of accepting the tender.
### 2. Against the purchase orders, against DGS and D/C.O.S. Punjab rate contract where the rates may be Ex-works, the mode of transport shall preferably be by goods trains. However, in special cases where the despatch of materials through goods train may entail undue delay, and the material is urgently required, the Managing Director after his satisfaction may change the mode of transportation. ###
20.
Delivery against purchase order.
- 20.1. Delivery period of the material as per agreed upon alongwith terms and conditions of contract schedule 'D' shall be essence of the contract between the supplier and the Board.
20.2
In case Purchasing authority decides to accept the delayed supply, the supplier shall remain liable to pay ½% of the value of the goods delayed for every week or a part thereof subject to a maximum of 10% of total value of the delayed/undelivered supplies or the security of the contract whichever is less. In exceptional cases, the penalty can be reduced or waived off by the authority competent for the purchase.
### 20. [3. The responsibility for getting the supplies a rigid adherence to delivery period rests with the consignee and the concerned Executive Engineer which shall take necessary timely action to issue the notices to the suppliers but the action regarding penalty and forfeiture of security shall be taken by the Managing Director. All cases where any other damages are to be claimed from the supplier as admissible under the law and executive action such as debarring of a particular firm shall be decided by the authority competent to purpose.] [Dated 14.8.1985.]
20.4
In respect of defective/damaged supplies the date on which a supply is replaced shall be reckoned as the effective date of delivery there against.
20.5
In respect of supplies consignee-wise less than a truck load/wagon load for a particular consignee depending upon the mode of transport be treated as completed if incorporated in the supply order otherwise it is at the discretion of the Managing Director.
### 21. Extension in delivery schedule.
- [21.1. All extensions in delivery period shall be granted by the Managing Director but without allowing any additional taxes, duties, levies or statutory variations in the extended delivery period]
[Dated 14.8.1985.]
.
21.2
For items being purchased on DGS and DGS and/C.O.S. Punjab rate contract rates and conditions, the extension in delivery period, any amendments of rates and conditions made by DGS and D/C.O.S. may be allowed by the Managing Director.
21.2
After the approval of the Managing Director, Executive Engineer Purchases may grant extensions by amending the relevant clause of the purchase order and in such case no penalty shall be leviable.
### 22. Arbitration.
- Except as otherwise specifically provided in the contract, all disputes concerning question of fact arising under the contract shall be decided by the arbitrator subject to a written appeal for arbitration by the supplier to the Board whose decision shall be final to the parties hereto :
Arbitration shall be effected :-
(i) By the Managing Director or his nominee not below the rank of a Superintending Engineer.
(ii) The arbitration shall be conducted in accordance with the provisions of the Indian Arbitration Act 1940 or any statutory modifications thereof and shall be held at such place and time as the arbitrator may determine.
(iii) The decision of the arbitrator shall be final and binding upon the parties hereto and expense of the arbitration shall be paid as may be determined by the arbitrator.
### 23. Amendments to the purchase orders/contract.
- Ordinarily, no amendment shall be issued to the terms and conditions of a purchase order/contract after it has been placed :-
Provided that an amendment of the mode of transport or of the delivery schedule shall not be deemed to be an amendment under this procedure:
Provided further that amendments to purchase order which are in accordance with the approved terms and conditions may be issued by the Executive Engineer Purchase.
Provided further that where, for non-avoidable circumstances, an amendment in any other term or condition does become necessary, such amendment shall be issued only in consultation with the Managing Director. Provided further that in the case of any amendment involving a higher financial commitment on the part of the Board, the Purchase Authority shall obtain the approval of the authority competent to purchase if it involve extra financial commitment for the Board.
### 24. Preservation of records.
- Unless otherwise necessary in consequence of any audit objection by Internal or Statutory Audit or pendency of any dispute with the supplier or arbitration or Court proceedings, all records relating to each purchase i.e. the notice inviting tenders, the quotations from suppliers, the comparative statement and the relevant purchase order issued, together with relevant correspondence, should be preserved for a period of five years reckoned from the date of completion of supply of the entire material/release of security whichever is later.
### 25. Executive order instructions.
- The Executive order/Instructions shall supersede the existing clauses of the procedure in the matter of inviting, considering and accepting tenders. The Board may from time to time waive or change or modify all or any of the provisions of the procedure. However, that in matters not specifically covered hereunder, the standing orders/instructions relevant to the contract shall continue to apply.
### 26. Interpretation.
- If at any time, any question arises relating to interpretation of this procedure it shall be referred to the authority competent to purchase whose decision shall be final.
A
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Punjab Water Supply and Sewerage Board, Chandigarh
Tender Notice No.....................
Sealed tenders are invited for the supply of material detailed below so as to reach this office by--------------------------on--------------. These tenders shall be opened on the same date and time in the presence of tenderers or their authorised representatives who may like to be present :-
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Description of Stores
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Earnest Money
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Ida
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Non-Ida
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3.
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4.
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Only manufacturers or their accredited agents should quote their rates. Specifications and other important conditions are given in NIT which can be obtained from the office of the under-signed on payment of Rs..........only for each of the above items in cash or in the form of Bank Draft on any scheduled bank drawn in favour of the Managing Director. Request for mailing of NIT will be entertained only on receipt of the cost of the NIT plus Rs.............as postal charges. This office will not be responsible for delay, loss or non-receipt of NIT after despatch.
The tenders are to be submitted alongwith earnest money as mentioned above.
(i) Tenders should be valid for a period of 90 days from the date of opening of the tenders.
(ii) Tenders received without earnest money will be summarily rejected.
(iii) Late tenders received after the scheduled time or telegraphic tenders will not be opened/considered, in any case.
Managing Director
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Endst No. PWSSB : GA :
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dt.
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A copy of the is forwarded to
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M/s...........................
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for information and necessary action.
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Executive Engineer (P) ,for Managing
Director,Punjab W/S and Sew. Board.
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B
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Punjab Water Supply and Sewerage Board, Chandigarh
Instructions to Tenderers
### 1. Tenders must be enclosed in a properly sealed envelope as per instructions in item 6 below, addressed to the Managing Director by designation and not by name. The tender must be superscribed "TENDER FOR THE SUPPLY or.........................................Due on..................as called for in tender notice No........................" ###
2. Tender should be submitted in duplicate alongwith only one copy of tender form, instructions to tenderers and terms and conditions of contract.
### 3. Rates quoted in the tender shall be both in figures and words. ###
5. The offer/tender should be typed or written in ink. Offer/tender written in pencil may be ignored. All corrections must be signed by the tenderers.
### 6. Tenders should be accompanied with earnest money of Rs.......in the form of demand draft/call deposit receipt in favour of "Managing Director, Punjab Water Supply and Sewerage Board, Chandigarh," or it should be deposited in Cash in the Head office and receipt thereof must accompany the tender. Earnest Money through Cheque shall not be accepted. The tender should be in a sealed envelope and the demand draft/call deposit receipt of cash deposit should be attached, outside this envelope and these should be put into another sealed properly envelope superscribed as indicated at 1 above. Tenders without earnest money will not be opened/entertained. ###
7. Only manufacturers or their accredited agents should quote their rates. Accredited agents should submit a certificate or photostat copy thereof the Manufacturers whose accredited agents they are in support of their authorization by the manufacturers.
### 8. Tenderers imposing their own conditions, other than specified in the NIT and the tender document, would be liable for rejection. ###
9. Tenderers quoting their own mode of payment, and quoting their rates in a different in other manner than specified in the NIT is also liable for rejection.
### 10. Samples must be submitted alongwith the tender, if asked for. The sample must be either delivered in the Board Head office or be sent freight's paid. Freight to pay samples shall be left with Railway/carriers at tenderer's risk and responsibility. ###
11. The offer must be accompanied by test certificate (original or photostat copy) of National Test House Bombay/Calcutta, Shri Ram Test House, Delhi Mechanical Research and Development Organisation Ludhiana or a test house of National repute to prove that the material offered is according to the specifications given in the NIT.
### 12. The tenders will be received upto............on...........and shall be opened on the same date and time in the presence of tenderers or their authorised representatives who may like to be present. In case the date of opening of tenders falls on a holiday declared by the Government tenders will be opened on the next working day following the closed day, at the scheduled time. ###
13. Telegraphic tenders will not be considered under any circumstances. The tenders/revised offer received after the aforesaid date and time for whatsoever reason may be, will not be considered under any circumstances and will be rejected outright without assigning any reason.
### 14. Any tender which is not accompanied by the proper tender form duly signed by the tenderer will not be considered. ###
15. The offer must be firm for a period of not less than 90 days. All tenders/offers will be regarded as constituting an offer or offers open to acceptance in whole or part upto the last date of validity as indicated by the tenderer in his tender/offer.
### 16. Price should be for delivery in safe condition destination (nearest rail head) excluding unloading anywhere in Punjab and should include transport, packing forwarding charges and insurance against damage, loss or theft etc. in transit. In case the material is delivered by road transport, the rates should be for delivery ex-stores of consignee in good condition excluding unloading.
### 17. The price must be quoted in Indian rupees and any mistake in calculating the price will not justify the claim for increase in price. ###
18. Any tender which is not in accordance with the requirement of the NIT or otherwise contains ambiguous and vague term shall be rejected and no back reference to the tenderer will be made.
### 19. The rate of sales tax/Inter State Tax without form C and D Excise duty or any other taxes on each item should be specifically mentioned in the tender. Failure to do so will not entitle the tenderer to claim any such taxes subsequently. ###
20. The party must certify that they have the facility for testing the material offered and have a laboratory attached to their works in accordance with ISI requirements.
### 21. The Board reserves the right to reject all the tenders or the lowest or any other tender which in the judgment of the Board does not appear to be in its best interest and no correspondence in this regard will be entertained. Tenders will be regarded as constituting an offer open to acceptance in whole or in part or parts at the discretion of Managing Director. ###
22. The Courts of the place only wherefrom the acceptance of tender has been issued shall alone have exclusive jurisdiction to decide any dispute arising out of or in respect of the contract.
### 23. In the event of the tenderer requiring the inclusion of a price variation clause, the supplier should ensure that the clause provides full details of the price variation formula applicable to each item of supply and brings out precisely, the actual increase in the price of each finished item for every rupee worth of increase in each item of raw material/component or wages relating thereto. Besides, he should invariably quote a ceiling rate for each item of supply beyond which the escalation shall not be permitted. Tenders with price variation clause are liable to be rejected. ###
24. Earnest money deposited by the tenderer/supplier shall be forfeited, if the tenderer withdraw his tender during the currency of his validity period.
C
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Punjab Water Supply and Sewerage Board.
Chandigarh
Specification for \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Bid document No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Due date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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65ba6b40ab84c7eca86eb3a8 | acts |
Union of India - Act
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The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990
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UNION OF INDIA
India
The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990
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Rule THE-NATIONAL-HIGHWAYS-AUTHORITY-OF-INDIA-BUDGET-ACCOUNTS-AUDIT-INVESTMENT-OF-FUNDS-AND-POWERS-TO-ENTER-PREMISES-RULES-1990 of 1990
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* Published on 7 August 1990
* Commenced on 7 August 1990
The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990
Published vide Notification G.S.R. 704(E) , dated 7.8.1990, published in the Gazette of India, Extraordinary Part 2, Section 3(i), dated 10.8.1990.
### 212. In exercise of the powers conferred by sub-section (1) read with clauses (e), (f), (g) and (h) of sub-section (2) of section 34 of the National Highways Authority of India Act,1988 (68 of 1988), the Central Government hereby makes the following rules,namely:
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement
(1) These rules may be called The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises)Rules ,1990.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions
.In these rules, unless the context otherwise requires,
(a) Act means the National Highways Authority of India Act, 1988 (68 of 1988);
(b) Annual Report means the Annual Report referred to in section 22 of the Act;
(c) Annual Statement of Accounts means the Annual sketch of accounts referred to in section 23 of the Act;
(d) Audit Officer means the Comptroller and Auditor General of India and includes any person appointed by him in connection with the audit of accounts of the Authority;
(e) Authority means the National Highways Authority of India constituted under section 3 of the Act;
(f) financial year means the financial year of the Central Government starting from first day of April each year and ending on thirty-first day of March of the following year;
(g) Form means a form annexed to these rules;
(h) Fund means the National Highways Authority of India Fund constituted under section 18 of the Act;
Chapter II
Budget, Accounts Andaudit
-----------------------------------------
### 3. Preparation and submission of budget
(1) The budget estimates of the Authority for every financial year shall be prepared by the Chairman of such employee of the Authority as may be authorised by him in this behalf, in Forms A1 to A5.
(2) A copy of the budget estimates so prepared shall be sent to each member at least fourteen days before the meeting of the Authority at which such estimates are to be considered.
(3) The Authority shall consider and sanction the budget estimates with such changes as it thinks fit at the meeting fixed for the purpose or at any other meeting to which the consideration of the budget estimates is adjourned.
(4) The budget estimates prepared by the Authority shall be forwarded to the Central Government by the fifteenth day of October of the financial year preceding the financial year to which the consideration of The budget estimates relate:
Provided that The Central Government may at the request of the Authority fix such later date, but not beyond the 31st day of December, as the Government think fit.
### 4. Supplementary budget
.The Authority shall, where necessary, also forward to the Central Government the Supplementary budget in respect of the financial year to which it relates, inForms A1 to A5 before such date as may be specified by the Central Government.
### 5. Accounts of Authority
.The accounts of the Authority including
(a) all sums of money received and expended by the Authority;
(b) all sales and purchases of goods or services of the Authority;
(c) the assets and liabilities of the Authority;shall be maintained in such forms as may be specified by the Government from time to time in consultation with the Comptroller and Auditor General of India.
### 6. Preparation and submission of annual report and annual accounts
(1) The Chairman or such employee of the Authority as may be authorised by him in this behalf, shall prepare, as soon as may be, after the commencement of the each financial year
(a) the annual report;and
(b) the annual statement of accounts which shall include the profit and loss account and balance sheet and such other subsidiary accounts as the Central Government may, in consultation with the Comptroller and Auditor General of India , direct.
(2) The annual report include an account of the activities of the Authority during the previous financial year on the following matters, namely:
(i) a statement of corporate and operational goals and objectives of the Authority;
(ii) annual targets and physical and financial terms set for various activities in the background of clause (1) above together with a brief review of the actual performance with reference to those targets;
(iii) an administrative report on the activities of Authority during the previous financial year and an account of the activities which are likely to be taken up during the next financial year;
(iv) a summary of the actual financial results during the previous financial year and year of report, as indicated by way of statement of (a) income and expenditure, (b) sources and applications of funds and (c) cash flow;
(v) important changes in policy and specific measures either taken or proposed to be taken, which have influenced or are likely to influence the profitability or functioning of the Authority;
(vi) new projects or expansion schemes contemplated together with their advantages, financial implications and programme for execution;
(vii) important changes in the organisational set up of the Authority;
(viii) report on employer-employee relations and welfare activities of the Authority; and
(ix) report on such other miscellaneous subjects as deemed fit by the Authority or the Central Government for reporting to the later.
(3) The annual report shall be placed for adoption in the meeting of the Authority and shall be signed by the Chairman or in his absence by two members authorised for the purpose by the chairman and authenticated by fixing the common seal of the Authority and required copies thereof shall be submitted to the Central Government by the thirty-first day of December of the following year.
(4) The annual accounts of the Authority, after approval of the Authority, shall be signed on behalf of the Authority by its Chairman or in his absence by two members authorised for purpose by the Authority and authenticated by affixing the common seal of the Authority and shall be forwarded for audit to the Comptroller and Auditor General not later than the 30th September of each year or by such date as extended by The Central Government.
(5) The Audit Officer shall audit and report on the annual accounts of the Authority and certify whether in his opinion the balance sheet and profit and loss account contain all particulars and are properly drawn up to as to exhibit a true and fair state of affairs of the Authority and in case he has called for any information from the Authority or any of its officers,whether it has been given and whether it is satisfactory.
(6) The Authority shall be bound to give information and explanation in its annual report containing inter alia duly audited accounts or in an addendum thereto on every reservation,qualification or adverse remarks contained in the Auditor reports duly signed by its Chairman or in his absence by two members so authorised by the Authority and authenticated by affixing common seal of the Authority.
(7) The annual accounts and the auditors report thereon along with the annual report shall be submitted to The Central Government by thirty-first day of December of the following year to which the accounts relate or by such date as extended by the Central Government.
### 7. Cost of audit
.The Authority shall arrange to pay to the Comptroller and Auditor General of India the expenditure incurred by him in connection with the annual audit of its accounts, within three months from the date on which any demand is made by him.
Chapter III
Investment Of Funds And Reserve Fund
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### 8. Manner of Investment Fund
.All money standing at the credit of the Fund which cannot immediately be applied for the purposes specified in sub-section (2) of section 18 of the Act shall be deposited in the State Bank of India or any Scheduled Bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (
40 of 1980
).
### 9. Reserve Fund
(1) In respect of every loan raised by the Authority not being a loan repayable before the expiration of one year from the date of the loan, the Authority shall set apart a sum half yearly, out of its income in a reserve fund, sufficient to liquidate the loan within a period which shall not in any case exceed thirty years:
Provided that a reserve fund need not in the absence of any stipulation to that effect,be established in the case of loans taken by the Authority from the Central Government or any State Government.
(2) The sums set apart by the Authority under sub-rule (1)shall invested in securities of the Central Govern mentor in such other securities as the Central Government may approve in this behalf, and shall be held in trust for the purposes of the Act by the Authority.
(3) The Authority may apply the whole or any part of the sums accumulated in any reserve fund in or towards the discharge of the loan liabilities for the repayment of which the fund has been established:
Provided that Authority pays into the fund each year, and accumulated until the whole of the money borrowed is discharged, a sum equivalent to the interest which would have been produced by the reserve fund or the part of the reserve fund so applied.
(4) A reserve fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the Central Government in this behalf and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the Fund are actually equal to the amount which would have accumulated had investments been regularly made and rate of interest as originally estimated obtained thereon.
(5) The Authority shall pay forthwith into the reserve fund any amount which the person appointed under sub-rule (4) of conduct the annual examination of the Fund may certify to be deficient unless the Central Government specifically sanctions a gradual readjustment.
(6) If the cash and current market value of the securities at the credit of a reserve fund are in excess of the amount which should be at its credit the person appointed under sub-rule (4) shall certify the amount of this excess and the Authority may, with the previous sanction of the Central Government, reduce or discontinue the half-yearly contributions to the reserve fund.
Chapter IV
Power To Enter Land Or Premises
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### 10. Mode of service of notice
(1) Before entering upon any land or premises under section 30 of the Act, the authorised person shall serve on the owner of the land or premises intended to be entered upon notice in Form B.
(2) The notice may be served by delivering or tendering a copy of such notice to the person for whom it is intended or his servant or by sending it by registered post acknowledgement due addressed to that person at his usual or last known place of residence or business.
(3) Where the serving officer delivers or tenders the copy of the notice under sub-rule (2), he shall require the signature of the person to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original.
(4) Where the person or the adult member(s) of the family of the person concerned or servant of such person refuses to sign the acknowledgement or where the serving officer, after using all the due and reasonable diligence, cannot find such person and there is no adult member of the family or servant of such person, the serving officer shall affix a copy of notice on the outer door or some other conspicuous part of the ordinary residence or usual place of business of such person and then shall return the original to the competent authority who served the notice, with a report endorsed thereon or annexed thereto stating that he has had to affix a copy,the circumstances under which he did so and the name and address of the person if any, by whom the usual or last known place of residence or business, as the case may be, was identified and in whose presence the copy was affixed.
Form No. A.I
National Highway Authority Of India
Budget Estimates for the year
Combined abstract of Budget Estimate for the year............
(In thousand of rupees)
Receipts
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PAYMENTS
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Form A2(i) National Highway Authority Of India
Budget Estimates for the year.............
Part I – Abstract of each individual account
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PAYMENTS
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Form A2(22) National Highway Authority Of India
Budget Estimates for the year.............
Part II – Detailed Budget Estimates of each individuals
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(In thousand of rupees)
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Budget Estimates
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Budget Estimates
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Form A3
National Highway Authority Of India
Budget Estimates for the year....................
containing new items of expenditure other than Work and Schemes
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Note.-(1) For additional establishment, the categories of posts, scales of pay and the date from which the posts are required should be specified
(2) If any permanent post is proposed to be reduced or kept in abeyance or any temporary post is proposed to be discontinued, the details thereof should be furnished in a separate statement.
Form A4
National Highway Authority Of India
Budget Estimates for the year....................
of works and schemes in progress
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Form A5
National Highway Authority Of India
Budget Estimates for the year....................
of Approved New Works and Schemes
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Note.-While including new works/schemes in the budget estimates, the following points shall be examined:-
(1) whether the plans and the estimates have been prepared and approved.
(2) Whether site or land is available and possession has been taken, and
(3) Whether all the prescribed formalities will be over by the end of the current financial year.
National Highways Authority Of India
Form B
To,
Dear Sir/Madam,
In pursuance of section 30 of the National Highways Authority of India Act, 1988, I, on behalf of the N.H.A.I. hereby authorize Shri............of National Highways Authority of India to enter upon the undermentioned premises/land located at.........................for the purpose of.....................on the day of..................at....................hours.
............................
For and on behalf of National Highways Authority of India.
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65ba732cab84c7eca86eb648 | acts |
Union of India - Act
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The Babasaheb Bhimrao Ambedkar University Act, 1994
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UNION OF INDIA
India
The Babasaheb Bhimrao Ambedkar University Act, 1994
=====================================================
Act 58 of 1994
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* Published on 30 September 1994
* Commenced on 30 September 1994
The Babasaheb Bhimrao Ambedkar University Act, 1994
ACT NO. 58 OF 1994
### 1203. The Uttar Pradesh Dr. Bhimrao Ambedkar Act, 1989 (UP Act 25 of 1989) was enacted by the State Legislature to established and incorporate a unitary teaching and residental University at Lucknow as a memorial to the life and works of the late Dr. Bhimrao Ambedkar. However the establishment of the University under the State Act was not notified by the State Government.
2. The U.P. Government had requested that the Central Govt. should either convert the Dr. B.R. Ambedkar University has resolved that this University be converted into a Central University and that it may specialize in technology courses and provide for higher per centage of seats for SCs/STs.
3. The Bill seeks to establish a teaching and residential University at Lucknow in the State of Uttar Pradesh. The University shall promote advanced courses in Science and Key and frontier areas of technology and other allied disciplines in the educational programmes of the University; take appropriate measures for promoting innovations in teaching-learning process in inter-disciplinary studied and research and pay special attention to the improvement of social and economic conditions and welfare of the people of Uttar Pradesh in general and to members belonging to Scheduled Castes and Scheduled Tribes in particular by providing higher percentage of seats for SCs and STs.
[30th September, 1994]
An Act to establish and incorporate a teaching and residential University in the State of Uttar Pradesh and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:-
### 1. Short title and commencement. -
(1) This Act may be called the Babasaheb Bhimrao Ambedkar University Act, 1994.
(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, and in all Statutes made hereunder, unless the context otherwise requires,--
(a) "Academic Council" means the Academic Council of the University;
(b) "academic staff" means such categories of staff as are designated as academic staff by the Ordinances;
(c) "Board of Management" means the Board of Management of the University;
(d) "Board of Studies" means the Board of Studies of the University;
(e) "Chancellor", "Vice-Chancellor" and "Pro-Vice-Chancellor" mean, respectively, the Chancellor, vice-Chancellor and Pro-vice-Chancellor of the University;
(f) "College" means a College maintained by the University;
(g) "Department" means a Department of Studies; and includes a Centre of Studies;
(h) "distance education system" means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contract programmes or the combination of any two or more such means;
(i) "employee" means any person appointed by the University; and includes teachers and other staff of the University; 1 10.1.1996: Vide Notification No. S. O. 18(E), dt. 5.1.1996.
(j) "Finance Committee" means the Finance Committee of the University;
(k) "Hall" means a unit of residence or of corporate life for the students of the University, or of a College or of an Institution, maintained by the University;
(l) "Institution" means an academic institution, not being a College, maintained by the University;
(m) "Planning Board" means the Planning Board of the University;
(n) "Principal" means the Head of a College or an Institution maintained by the University, and includes, where there is no Principal, the person for the time being duly appointed to act as Principal, and, in the absence of the Principal or the acting Principal, a Vice-Principal duly appointed as such;
(o) "recognised institution" means an institution of higher learning recognised by the University;
(p) "recognised teachers" means such persons as may be recognised by the University for the purpose of imparting instructions in a College or an Institution maintained by the University;
(q) "Regulations" means the Regulations made by any authority of the University under this Act for the time being in force;
(r) "School" means a School of Studies of the University;
(s) "Statutes" and "Ordinances" means, respectively, the Statutes and Ordinances of the University for the time being in force;
(t) "teachers of the University" means Professors Readers, Lecturers and such other persons as may be appointed for imparting instruction or conducting research in the University or in any College or Institution maintained by the University and are designated as teachers by the Ordinances;
(u) "University" means the Babasaheb Bhimrao Ambedkar University established under this Act.
### 3. The University. -
(1) There shall be established a University by the name of "Babasaheb Bhimrao Ambedkar University." 3 (2) The headquarters of the University shall be at Lucknow and it may also establish campuses at such other places within its jurisdiction as it may deem fit.
(3) The first Vice-Chancellor and the first members of the Board of Management or the Academic Council or the Planning Board and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, are hereby constituted a body corporate by the name of Babasaheb Bhimrao Ambedkar University".
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
### 4. Objects of the University. -
The objects of the University shall be to promote advanced knowledge by providing instructional and research facilities in such branches of learning as it may deem fit; to make provisions for integrated courses in Science and key and frontier areas of Technology and other allied disciplines in the educational programmes of the University; to offer appropriate courses relevant for the development of socially and economically depressed sections of the people, including agricultural technology and rural crafts; to promote the study of the principles for which Babasaheb Bhimrao Ambedkar worked during his life time, namely, national integration. social justice and democratic way of life, and also study of the Constitutions of the world to take appropriate measures for promoting innovations in teaching learning processes in inter-disciplinary studies and research and pay special attention to the promotion of educational and economic interests and welfare of the people in General and of members belonging to the Scheduled Castes and Scheduled Tribes in particular by providing adequate percentage of seats for the Scheduled Castes and the Scheduled Tribes and the University shall, in organising its activities, have due regard to the objects specified in the First Schedule.
### 5. Powers of the University. -
The University shall have the following powers, namely:--
(i) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provision for research and for the advancement and dissemination of knowledge;
(ii) to grant, subject to such conditions as the University may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examinations, evaluation or any other method of testing on, persons, and to withdraw any such diplomas, certificates, degrees or other academic distinctions for good and sufficient cause;
(iii) to organise and to undertake extra-mural studies, training and extension services;
(iv) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(v) to provide facilities through the distance education system to such persons as it may determine; 4 (vi) to institute Principalships, Professorships, Readerships, Lecturerships and other teaching or academic positions, required by the University and to appoint persons to such Principalships, Professorships, Readerships, Lecturerships or other teaching on academic positions;
(vii) to recognise an institution of higher learning for such purposes as the University may determine and to withdraw such recognition;
(viii) to recognise persons for imparting instructions in any College or Institution maintained by the University;
(ix) to appoint persons working in any other University or organisation as teacher of the University for a specified period;
(x) to create administrative, ministerial and other posts and to make appointments thereto;
(xi) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purposes as the University may determine;
(xii) to establish such campuses, special centres, specialised laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects;
(xiii) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xiv) to establish and maintain Colleges, Institutions and Halls;
(xv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organisations, as the University may deem necessary;
(xvi) to organise and conduct refresher courses, orientation courses, workshops, seminars and other programmes for teachers, evaluators and other academic staff;
(xvii) to make special arrangements in respect of the residence discipline and teaching of women students as the University may consider desirable;
(xviii) to appoint on contract or otherwise visiting Professors Emeritus Professors, Consultants, Scholars and such other persons who may contribute to the advancement of the objects of the University;
(xix) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes;
(xx) to determine standards of admission to the University which may include examination, evaluation or any other method of testing; 5 (xxi) to fix quota for students belonging to the Scheduled Castes and the Scheduled Tribes for admission purposes;
(xxii) to demand and receive payment of fees and other charges;
(xxiii) to supervise the residences of the students of the University and to make arrangements for promoting their health and general welfare;
(xxiv) to lay down conditions of service of all categories of employees, including their code of conduct;
(xxv) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xxvi) to make arrangements for promoting the health and general welfare of the employees;
(xxvii) to receive benefactions, donations and gifts and to acquire, hold, mange and dispose of any property, movable or immovable including trust and endowment properties for the purposes of the University;
(xxviii) to borrow, with the prior approval of the Central Government, on the security of the property of the University, money for the purposes of the University;
(xxix) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
### 6. Jurisdiction. -
The jurisdiction of the University shall extend to the whole of the State of Uttar Pradesh.
### 7. University open to all classes, castes and creed. -
The University shall be open to all persons of either sex and of whatever caste, creed, race, class, place of domicile and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof:
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or promotion of educational interests of women, physically handicapped or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes and the Scheduled Tribes.
### 8. Residence of students. -
Every student of the University (other than a student who pursues a course of study by distance education system) shall normally reside in a Hall or hostel or under such conditions as may be prescribed by the Ordinances.
### 9. The Visitor. -
(1) The President of India shall be the Visitor of the University.
(2) The Visitor may, from time to time, appoint one or more persons to review the work and progress of the University, including Colleges and Institutions managed by it, and to submit a report thereon; and upon receipt of that report, the Visitor may, after obtaining the views of the Board of Management thereon through the Vice-Chancellor, take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the University shall be bound to comply with such directions. 6 (3) The Visitor shall have the right to cause an inspection to be made by such person or persons as he may direct of the University, its buildings, laboratories and equipment, and of any College or Institution maintained by the University and also of the examinations, teaching and other work conducted or done by the University and to cause an inquiry to be made in like manner in respect of any matter connected with the administration or finances of the University, Colleges or Institutions.
(4) The Visitor shall, in every matter referred to in sub-section (2), give notice of his intention to cause an inspection or inquiry to be made to the University and the University shall have the right to make such representations to the Visitor, as it may consider necessary.
(5) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (3).
(6) Where any inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative, who shall have the right to be present and be heard at such inspection or inquiry.
(7) The Visitor may, if the inspection or inquiry is made in respect of the University or any College or Institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon, as the Visitor may be pleased to offer, and on receipt of address made by the Visitor, the Vice-Chancellor shall communicate to the Board of Management the views of the Visitor with such advice as the Visitor may offer upon the action to be taken thereon.
(8) The Board of Management shall communicate, through the Vice-Chancellor, to the Visitor such action, if any, as it proposes to take or has been taken upon the result of such inspection or inquiry.
(9) Where, the Board of Management does not, within a reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Board of Management, issue such directions as he may think fit and the Board of Management shall comply with such directions.
(10) Without prejudice to the foregoing provisions of this section, the Visitor may, by order in writing, annul any proceeding of the University which is not in conformity with the Act, the Statutes or the Ordinances:
Provided that before making any such order, he shall call upon the Registrar to show cause why such an order should not be made, and, if any cause is shown within a reasonable time, he shall consider the same.
(11) The Visitor shall have such other powers as may be prescribed by the Statues.
### 10. Officers of the University. -
The following shall be the officers of the University:--
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Pro-Chancellors; 7 (4) the Deans of Schools;
(5) the Registrar;
(6) the Finance Officer; and
(7) such other officers as may be declared by the Statutes to be officers of the University.
### 11. The Chancellor. -
(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the head of the University.
(3) The Chancellor shall, if present, preside at the convocation of the University held for conferring degrees, and may be delegated such powers as may be necessary.
### 12. The Vice-Chancellor. -
(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter:
Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board of Management within three months from the date on which decision on such action is communicated to him and thereupon the Board of Management may confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
### 13. The Pro-Vice-Chancellor. -
One or more Pro-Vice-Chancellors shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 14. Deans of Schools. -
Every Dean of a School shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 15. The Registrar. -
(1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreement, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 16. The Finance Officer. -
The Finance Officer shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 17. Other officers. -
The manner of appointment and powers and duties of the other officers of the University shall be prescribed by the Statutes.
### 18. Authorities of the University. -
The following shall be the authorities of the University, namely:--
(1) the Board of Management;
(2) the Academic Council;
(3) the Planning Board;
(4) the Boards of Studies;
(5) the Finance Committee; and
(6) such other authorities as may be declared by the Statutes to be the authorities of the University.
### 19. The Board of Management. -
(1) The Board of Management shall be the principal executive body of the University.
(2) The constitution of the Board of Management, the term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that the Board of Management shall also have representatives of the House of the People and the Council of States, the Government of India, the University Grants Commission and the teaching community.
### 20. The Academic Council. -
(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and the Ordinances, co-ordinate and exercise general supervision over the academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statutes: 9 Provided that representation shall be given to students also.
### 21. The planning Board. -
(1) The Planning Board shall be the principal planning Body of the University.
(2) The constitution of the Planning Board, term of office of its members and its powers and functions shall be prescribed by the Statutes:
Provided that representation shall be given to non-teaching staff.
### 22. The Board of Schools. -
The constitution, powers and functions of the Boards of Schools shall be prescribed by the Statutes.
### 23. The Finance Committee. -
The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
### 24. Other authorities of the University. -
The constitution, powers and functions of other authorities, as may be declared by the Statutes to be the authorities of the University, shall be prescribed by the Statutes.
### 25. Power to make Statutes. -
Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:--
(a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time;
(b) the election and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relating to those authorities and other bodies for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of the University, their emoluments and other conditions of service;
(e) the appointment of teachers, academic staff working in any other University or organisation for a specific period for undertaking a joint project;
(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;
(g) the principles governing the seniority of service of the employees or students and the University;
(h) the procedure for arbitration in cases of dispute between employees or students and the University;
(i) the procedure for appeal to the Board of Management by any employee or student against the action of any officer or authority of the University;
(j) the conferment of autonomous status on a College or an Institution or a Department;
(k) the establishment and abolition of Schools, Departments, Centres, Halls, Colleges and Institutions;
(l) the conferment of honorary degrees;
(m) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(n) the institution of fellowships, scholarships, studentships, medals and prizes;
(o) the delegation of powers vested in the authorities or officers of the University;
(p) the maintenance of the discipline among the employees and students;
(q) all other matters which by this Act are to be or may be provided for by the Statutes.
### 26. Statutes how to be made. -
(1) The first Statutes are those set out in the Second Schedule.
(2) The Board of Management may, from time to time, make new or additional Statutes or may amend or repeal the Statutes referred to in sub-section (1):
Provided that the Board of Management shall not make, amend or repeal any Statutes affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board of Management.
(3) Every new Statutes or addition to the Statutes or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent or remit to the Board of Management for reconsideration.
(4) A new Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor, in exceptional circumstances, may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Board of Management is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any communicated by the Board of Management for its in ability to comply with such direction, make or amend the Statutes suitably.
### 27. Power to make Ordinances. -
(1) Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters namely:-
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees and diplomas of the University;
(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students of the University;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointments and emoluments of employees other than those for whom provision has been made in the Statutes;
(k) the establishment of Centres of Studies. Boards of Studies, Special Centres, Specialised Laboratories and other Committees;
(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(o) the management of Colleges and Institutions established by the University;
(p) the setting up of a machinery for redressal of grievances of employees; and
(q) all other matters which by this Act or the Statutes may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended, repealed or added to at any time by the Board of Management in the manner prescribed by the Statutes.
### 28. Regulations. -
The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees, if any, appointed by them and not provided for by this Act, the Statutes or the Ordinances, in the manner prescribed by the Statutes.
### 29. Annual report. -
(1) The annual report of the University shall be prepared under the direction of the Board of Management, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects.
(2) The annual report so prepared shall be submitted to the Visitor on or before such date as may be prescribed by the Statutes.
(3) A copy of the annual report as prepared under sub-section (1), shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
### 30. Annual accounts. -
(1) The annual accounts and balance-sheet of the University shall be prepared under the directions of the Board of Management and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf.
(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Vistor.
(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Board of Management and the observations of the Board of Management, if any, shall be submitted to the Visitor.
(4) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both Houses of Parliament.
(5) The audited annual accounts after having been laid before both Houses of Parliament shall be published in the Gazette of India.
### 31. Conditions of service of employees. -
(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board of Management, one member nominated by the employee concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal in such matters shall be final.
(4) Every request made by the employee under sub-section (2), shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940 (2 of 1940).
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
### 32. Procedure of appeal and arbitration in disciplinary cases against students. -
(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Board of Management and the Board of Management may confirm modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 31 shall, as far as may be, apply to a reference made under this sub-section.
### 33. Right to appeal. -
Every employee or student of the University or of a College or Institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal within such time as may be prescribed by the Statutes, to the Board of Management against the decision of any officer or authority of the University or of the Principal of any College or Institution, as the case may be, and thereupon the Board of Management may confirm, modify or reverse the decision appealed against.
### 34. Provident and pension funds. -
(1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be presoribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provision of the Provident Funds Act, 1925 (
19 of 1925
), shall apply to such fund, as if it were a Government provident fund.
### 35. Disputes as to constitution of University authorities and bodies. -
If any question arises as to whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.
### 36. Constitution of Committees. -
Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such other person, if any, as the authority in each case may think fit.
### 37. Filling of casual vacancies. -
All casual vacancies among the members (other than ex officio members) of any authority or other body of the University shall be filled, as soon as may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant and the person appointed, elected or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term for which the person whose place he fills would have been a member.
### 38. Proceedings of University authorities or bodies not invalidated by vacancies. -
No act or proceedings of any authority or other body of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
### 39. Protection of action taken in good faith. -
No suit or other legal proceedings shall lie against any officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.
### 40. Mode of proof of University record. -
A copy of any receipt, application, notice order proceeding resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if certified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (
1 of 1872
) or in any other law for the time being in force.
### 41. 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 appear to it to be necessary of expedient for removing the difficulty. Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
### 42. Transitional provisions. -
Notwithstanding anything contained in this Act and the Statutes--
(a) the first Vice-Chancellor shall be appointed by the Visitor and the said officer shall hold office for a term of five years;
(b) the first Registrar and the first Finance Officer shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;
(c) the first Board of Management shall consist of not more than eleven members who shall be nominated by the Visitor and they shall hold office for a term of three years;
(d) the first Academic Council and the first Planning Board shall be nominated by the Visitor for a term of three years:
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the persons so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held that office, if such vacancy had not occurred.
### 43. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament. -
(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute, Ordinance or 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 Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance 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 Statute, Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statute, Ordinance or Regulation may be applicable.
THE FIRST SCHEDULE
(See section 4)
THE OBJECTS OF THE UNIVERSITY
The University shall endeavour to promote advanced knowledge by providing instructional and research facilities in Science and key and frontier areas of Technology and other allied disciplines and to offer appropriate courses relevant for the development of socially and economically depressed sections of the people, including agricultural technology and rural crafts; to promote the study of the principles for which Babasaheb Bhimrao Ambedkar worked during his lifetime, namely, national integration, social justice and democratic way of life, and also study of the constitutions, of the world. It would take appropriate measures for promoting innovations in teaching-learning processes in inter-disciplinary studies and research and pay special attention to the promotion of educational and economic interests and welfare of the people in general and of members belonging to Scheduled Castes and Scheduled Tribes in particular by providing adequate percentage of seats for Scheduled Castes and Scheduled Tribes. The University shall, in organising its activities, have due regard to the objects specified in the First Schedule.
THE SECOND SCHEDULE
(See section 27)
THE STATUTES OF THE UNIVERSITY
### 1. The Chancellor (1) The Chancellor shall be appointed by the visitor of the Babasaheb Bhimrao Ambedkar University recommended by the Board of Management from amongst persons of eminence in the academic or public life of the country: Provided that if the Visitor does not approve of any of the persons so recommended, he may call for fresh recommendations from the Board of Management.
(2) The Chancellor shall hold office for a term of five years and shall be eligible for re-appointment.
### 2. The Vice-Chancellor. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2): Provided that if the Visitor does not approve of any of the persons included in the panel, he may call for a fresh panel.
(2) The Committee referred to in clause (1), shall consist of three persons, none of whom shall be an employee of the University or a member of the Board of Management, Academic Council, member of any authority of the University or connected with an institution associated with the University and out of the three persons, two shall be nominated by the Board of Management and one by the Visitor and the nominee of the Visitor shall be the convenor of the Committee.
(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.
(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of sixty-five years, whichever is earlier, and he shall not be eligible for re-appointment:
Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office:
Provided further that the Visitor may direct any Vice-Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him.
(5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows:-
(i) The Vice-Chancellor shall be paid a monthly salary and allowances other than the house rent allowance, at the rates fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence.
(ii) The Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board of Management with the approval of the Visitor from time to time:
Provided that where an employee of the University or a College or an Institution maintained by it, or of any other University or any Institution maintained by or affiliated to such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor:
Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme.
(iii) The Vice-Chancellor shall be entitled to travelling allowance at such rates as may be fixed by the Board of Management.
(iv) The Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the 1st day of January and 1st day of July every year:
Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and-a-half days for each completed month of service.
(v) In addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service. This half pay leave may also be availed of as commuted leave on full pay on medical certificate. When commuted leave is availed, twice the amount of half pay leave shall be debited against half pay leave due.
(6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise or if he is unable to perform his duties due to ill health or any other cause, one of the Pro Vice-Chancellors shall perform the duties of the Vice-Chancellor:
Provided that if no Pro-Vice-Chancellor is available, the seniormost Professor shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the existing Vice-Chancellor attends to the duties of his office, as the case may be.
### 3. Powers and duties of the Vice-Chancellor. (1) The Vice-Chancellor shall be ex officio Chairman of the Board of Management, the Academic Council, the Planning Board and the Finance Committee and shall, in the absence of the Chancellor, preside at the convocations held for conferring degrees. (2)
The Vice-Chancellor shall be entitled to be present at, and address, 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 such authority or body.
(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance.
(4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University.
(5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit.
(6) The Vice-Chancellor shall have the power to convene or cause to be convened the meeting of the Board of Management, the Academic Council, the Planning Board and the Finance Committee.
### 4. Pro-Vice-Chancellor. (1) Every Pro-Vice-Chancellor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor: Provided that where the recommendation of the Vice-Chancellor is not accepted by the Board of Management, the matter shall be referred to the Visitor who may either appoint the person recommended by the Vice-Chancellor or ask the Vice-Chancellor to recommend another person to the Board of Management:
Provided further that the Board of Management may, on the recommendation of the Vice-Chancellor, appoint a Professor to discharge the duties of a Pro-Vice-Chancellor in addition to his own duties as a Professor.
(2) The term of office of a Pro-Vice-Chancellor shall be such as may be decided by the Board of Management but it shall not in any case exceed five years or until the expiration of the term of office of the Vice-Chancellor, whichever is earlier:
Provided that a Pro-Vice-Chancellor whose term of office has expired shall be eligible for reappointment:
Provided further that, in any case, a Pro-Vice-Chancellor shall retire on attaining the age of sixty-five years:
Provided also that the Pro-Vice-Chancellor shall, while discharging the duties of the Vice-Chancellor under clause (6) of Statute 2, continue in office notwithstanding the expiration of his term of office as Pro-Vice-Chancellor, until a new Vice-Chancellor or the existing Vice-Chancellor, as the case may be, assumes office:
Provided also that when the office of the Vice-Chancellor becomes vacant and there is no Pro-Vice-Chancellor to perform the functions of the Vice-Chancellor, the Board of Management may appoint a Pro-Vice-Chancellor and the Pro-Vice-Chancellor so appointed shall cease to hold office as such as soon as a Vice-Chancellor is appointed and enters upon his office.
(3) The emoluments and other terms and conditions of service of a Pro-Vice-Chancellor shall be such as may be prescribed by the Ordinances.
(4) A Pro-Vice-Chancellor shall assist the Vice-Chancellor in respect of such matters as may be specified by the Vice-Chancellor in this behalf, from time to time, and shall also exercise such powers and perform such duties as may be assigned or delegated to him by the Vice-Chancellor.
### 5. Registrar. (1) The Registrar shall be appointed by the Board of Management on the recommendation of a Selection Committee constituted for the purpose and shall be a whole-time salaried officer of the University. (2)
He shall be appointed for a term of five years and shall be eligible for reappointment.
(3) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances:
Provided that the Registrar shall retire on attaining the age of sixty years:
Provided further that a Registrar shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.
(4) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence or any other cause unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(5) (a)
The Registrar shall have power to take disciplinary action against such of the employees, excluding teachers and academic staff, as may be specified in the order of the Board of Management and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment:
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations:
Provided that an appeal shall lie to the Board of Management against an order of the Vice-Chancellor imposing any penalty.
(6) The Registrar shall be ex officio Secretary of the Board of Management, the Academic Council and the Planning Board, but shall not be deemed to be member of any of these authorities.
(7) It shall be the duty of the Registrar--
(a) to be the custodian of the records, the common seal and such other property of the University as the Board of Management shall commit to his charges;
(b) to issue all notices convening meetings of the Board of Management, the Academic Council, the Planning Board and of any Committees appointed by those authorities;
(c) to keep the minutes of all the meetings of the Board of Management, the Academic Council, the Planning Board and of any Committees appointed by those authorities;
(d) to conduct the official correspondence of the Board of Management, the Academic Council, and the Planning Board;
(e) to arrange for and superintend the examinations of the University in accordance with the manner prescribed by the Ordinances;
(f) to supply to the Visitor copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;
(g) to represent the University in suits or proceedings by or against the University, sign powers-of-attorney and verify pleadings or depute his representative for the purpose; and
(h) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Board of Management or the Vice-Chancellor.
### 6. The Finance Officer. (1) The Finance Officer shall be appointed by the Board of Management on the recommendations of a Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University. (2)
He shall be appointed for a term of five years and shall be eligible for reappointment.
(3) The emoluments and other terms and conditions of service of the Finance Officer shall be such as may be prescribed by the Ordinances:
Provided that a Finance Officer shall retire on attaining the age of sixty years:
Provided further that the Finance Officer shall, notwithstanding his attaining the age of sixty years, continue in office until his successor is appointed and enters upon his office or until the expiry of a period of one year, whichever is earlier.
(4) When the office of the Finance Officer is vacant or when the Finance Officer is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(5) The Finance Officer shall be ex officio Secretary of the Finance Committee, but shall not be deemed to be a member of such Committee.
(6) The Finance Officer shall--
(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and
(b) perform such other financial functions as may be assigned to him by the Board of Management or as may be prescribed by the Statutes or the Ordinances.
(7) Subject to the control of the Board of Management, the Finance Officer shall--
(a) hold and manage the property and investments of the University incuding trust and endowed property;
(b) ensure that the limits fixed by the Board of Management for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Board of Management;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;
(e) watch the progress of the collection of revenue and advise on the methods of collection employed;
(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centres, Specialised Laboratories, Colleges and Institutions maintained by the University;
(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and
(h) call for from any office, Centre, Laboratory, College or Institution maintained by the University and information or returns that he may consider necessary for the performance of his duties.
(8) Any receipt given by the Finance Officer or the person or persons duly authorised in this behalf by the Board of Management for any money payable to the University shall be sufficient discharge for payment of such money.
### 7. Deans of Schools of Studies. (1) Every Dean of a School of Studies shall be appointed by the Vice-Chancellor from among the Professors in the School for a period of three years and he shall be eligible for reappointment: Provided that a Dean on attaining the age of sixty years shall cease to hold office as such:
Provided further that if at any time there is no Professor in a School, the Vice-Chancellor, or a Dean authorised by the Vice-Chancellor in this behalf, shall exercise the powers of the Dean of the School.
(2) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(3) The Dean shall be the Head of the School and shall be responsible for the conduct and maintenance of the standards of teaching and research in the School and shall have such other functions as may be prescribed by the Ordinances.
(4) The Dean shall have the right to be present and to speak at any meeting of the Board of Studies or Committees of the School, as the case may be, but shall not have the right to vote thereat unless he is a member thereof.
### 8. Heads of Departments (1) In the case of Departments which have more than one Professor, the Head of the Department shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor from among the Professors. (2)
In the case of Departments where there is only one Professor, the Board of Management shall have the option to appoint, on the recommendation of the Vice-Chancellor, either the Professor or a Reader as the Head of the Department:
Provided that it shall be open to a Professor or Reader to decline the offer of appointment as the Head of the Department.
(3) A person appointed as the Head of the Department shall hold office as such for a period of three years and shall be eligible for re-appointment.
(4) A Head of a Department may resign his office at any time during his tenure of office.
(5) A Head of a Department shall perform such duties as may be prescribed by the Ordinances.
### 9. Proctors. (1) Every Proctor shall be appointed by the Board of Management on the recommendation of the Vice-Chancellor and shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor. (2)
Every Proctor shall hold office for a term of two years and shall be eligible for reappointment.
### 10. Librarian. (1) The Librarian shall be appointed by the Board of Management on the recommendations of the Selection Committee constituted for the purpose and he shall be whole-time officer of the University. (2)
The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Board of
### 11. Management. Quorum for meetings of the Board of Management. (1) The Board of Management shall consist of the following members, namely:-- (i)
Vice-Chancellor;
(ii) Pro-Vice-Chancellors;
(iii) Dean of Schools of studies to be appointed by the Vice-Chancellor by rotation according to seniority;
(iv) one Head of the Department of the University, who is not a Dean, to be nominated by the Vice-Chancellor by rotation according to seniority;
(v) one Professor, who is not a Dean or Head, to be appointed by the Vice-Chancellor by rotation according to seniority;
(vi) one Reader, who is not a Head, to be appointed by the Vice-Chancellor by rotation according to seniority;
(vii) one Lecturer to be appointed by the Vice-Chancellor by rotation according to seniority;
(viii) three representatives of the House of the People and the Council of States, two to be nominated by the Speaker of the House of the People and one by the Chairman of the Council of States from amongst the Members thereof;
(ix) a representative of the Ministry of Human Resource Development (Department of Education) Government of India, to be nominated by the Visitor;
(x) a representative of the University Grants Commission to be nominated by the Visitor;
(xi) four persons of distinction in academic and/or public life to be nominated by the Visitor.
(2) All members of the Board of Management, other than ex officio members, shall hold office for a period of three years from the date of their nomination.
(3) Seven members of the Board of Management shall form quorum for the meeting of the Board.
### 12. Powers and functions of the Board of Management.(1) The Board of Management shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for. (2)
Subject to the provisions of this Act, the Statutes and the Ordinances, the Board of Management shall, in addition to all other powers vested in it, have the following papers namely:--
(i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Professors, Readers, Lecturers and other academic staff and Principals of Colleges and Institutions maintained by the University:
Provided that no action shall be taken by the Board of Management in respect of the number, qualifications and the emoluments of teachers and academic staff otherwise than after consideration of the recommendations of the Academic Council;
(ii) to appoint such Professors, Readers, Lecturers and other academic staff, as may be necessary, and Principals of Colleges and Institutions maintained by the University on the recommendation of the Selection Committee consituted for the purpose and to fill up temporary vacancies therein;
(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;
(iv) to grant leave of absence to any officer of the University other than the Chancellor and the Vice-Chancellor, and to make necessary arrangements for the discharge of the functions of such officer during his absence;
(v) to regulate and enforce discipline among employees in accordance with the Statutes and the Ordinances;
(vi) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University, and for that purpose to appoint such agents as it may think fit;
(vii) to fix limits on the total recurring and the total non-recurring expenditure for a year on the recommendations of the Finance Committee;
(viii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, share or securities from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time;
(ix) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(xi) to entzr into, vary/carry out and cancel contracts on be-other means needed for carrying on the work of the University;
(xi) to enter into, vary carry out and cancel contracts on be-half of the University;
(xii) to entertain, adjudicate upon, and, if thought fit to redress any grievances of the employees and students of the University who may, for any reason, feel aggrieved:
(xiii) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travelling and other allowances, after consulting the Academic Council;
(xiv) to select a common seal for the University and provide for the custody and use of such seal;
(xv) to make such special arrangements as may be necessary for the residence and discipline of women students;
(xvi) to delegate any of its powers to the Vice-Chancellor, the Pro-Vice-Chancellor, the Deans, the Registrar or the Finance Officer or such other employee or authority of the University or to a committee appointed by it as it may deem fit;
(xvii) to institute fellowships, scholarships, studentships, medals and prizes;
(xviii) to provide for the appointment of Visiting Professors, Emeritus Professors; Consultants; and Scholars and determine the terms and conditions of such appointments; and
(xix) to exercise such other powers and perform such other duties as may be conferred or imposed on it by the Act, or the Statutes.
### 13. Academic Council. (1) The Academic Council shall consist of the following members, namely:-- (i)
Vice-Chancellor;
(ii) Pro-Vice-Chancellor;
(iii) Dean of Schools of studies;
(iv) Heads of the teaching departments;
(v) All Professors;
(vi) four Readers to be appointed by the Vice-Chancellor by rotation according to seniority;
(vii) four Lecturers to be appointed by the Vice-Chancellor by rotation according to seniority;
(viii) Librarian;
(ix) four persons not in the service of the University to be nominated by the Vice-Chancellor on the recommendations of the Academic Council for their special knowledge;
(x) two representatives of students to be nominated by the Vice-Chancellor on academic merit, one from amongst the research scholars and the other from the post-graduate students from the various schools of studies/Departments of the University on rotation basis.
(2) All members of the Academic Council, other than the ex officio and the student members, shall hold office for a term of three years from the date of their nomination/appointment:
Provided that the tenure of student members shall be one academic year.
(3) Half of the total members of the Academic Council shall form quorum for a meeting of the Academic Council.
(4) The student members shall not be allowed to participate in discussions in respect of matters relating to examinations, selection committees, appointments and conditions of service of the teaching staff and actual process of evaluating academic performance and merit of students.
### 14. Quorum for meetings of the Academic Council. Nine Members of the Academic Council shall form a quorum for a meeting of the Academic Council. ###
15. Powers of the Academic Council. Subject to the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely:--
(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instructions, co-operative teaching among Colleges and Institutions, evaluation of research or improvements in academic standards;
(b) to bring about inter-School co-ordination, to establish or appoint committees or boards, for taking up projects on an inter-School basis;
(c) to consider matters of general academic interest either on its own initiative or on a reference by a School or the Board of Management and to take appropriate action thereon; and
(d) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance.
### 16. The Planning Board (1) The Planning Board shall be the principal planning body of the University and shall be responsible for-- (a)
reviewing the educational programmes offered by the University;
(b) organising the structure of education in the University so as to provide opportunities to students to offer different combinations of subjects appropriate for the development of personality and skills for useful work in society;
(c) creating an atmosphere and environment conductive to value-oriented education; and
(d) developing new teaching-learning processes which will combine the lectures, tutorials, seminars; demonstrations; self-studies and collective practical projects.
(2) The Planning Board shall have the power to advise on the development of the University and review the progress implementation of programmes so as to ascertain whether they are on the lines recommended by it and shall also have the power to advise the Board of Management and the Academic Council on any matter in connection therewith.
(3) The Academic Council and the Board of Management shall be bound to consider the recommendations of the Planning Board and shall implement such of the recommendations as are accepted by it.
(4) Such of those recommendations of the Planning Board as have not been accepted by the Board of Management or the Academic Council under Clause (3) shall be submitted by the Vice-Chancellor along with the recommendations of the Board of Management or the Academic Council, to the Visitor for advise and the advise of the Visitor shall be implemented by the Board of Management or the Academic Council, as the case may be.
(5) The Planning Board may constitute such committee as may be necessary for planning and monitoring the programmes of the University.
### 17. Schools of Studies and Departments. (1) The University shall have such Schools of Studies as may be specified by the Ordinances. (2)
Every School shall have a School Board and the members of the first School Board shall be nominated by the Board of Management and shall hold office for a period of three years.
(3) The powers and functions of a School Board shall be prescribed by the Ordinances.
(4) The conduct of the meetings of a School Board and the quorum required for such meetings shall be prescribed by the Ordinances.
(5) (a)
Each School shall consist of such Departments as may be assigned to it by the Ordinances.
(b) No Department shall be established or abolished except by the Statutes:
Provided that the Board of Management may, on the recommendation of the Academic Council, establish Centres of Studies to which may be assigned such teachers of the University as the Board of Management may consider necessary.
(c) Each Department shall consist of the following members, namely:--
(i) Teachers of the Department;
(ii) Persons conducting research in the Department;
(iii) Dean of the School;
(iv) Honorary Professors, if any, attached to the Department; and
(v) such other persons as may be members of the Department in accordance with the provisions of the Ordinances.
### 18. Board of Studies. (1) Each Department shall have a Board of Post-graduate Studies and a Board of Under-graduate Studies. (2)
The constitution of a Board of Post-graduate Studies and the term of office of its members shall be prescribed by the Ordinances.
(3) The functions of a Board of Post-graduate studies shall be to approve subjects for research for various degrees and other requirements of research degrees and to recommend to the concerned School Board in the manner prescribed by the Ordinances--
(a) courses of studies and appointment of examiners for Post-graduate courses, but excluding research degrees;
(b) appointment of supervisors of research; and
(c) measures for the improvement of the standard of post-graduate teaching and research:
Provided that the above functions of a Board of Post-graduate Studies shall, during the period of three years immediately after the commencement of the Act, be performed by the Department.
(4) The constitution and functions of a Board of Under-graduate Studies and the term of its members shall be prescribed by the Ordinances.
### 19. Finance Committee. (1) The Finance Committee shall consist of the following members, namely:-- (i)
the Vice-Chancellor;
(ii) one or more Pro-Vice-Chancellors, as the case may be;
(iii) three persons nominated by the Board of Management, out of whom at least one shall be a member of the Board of Management; and
(iv) three persons nominated by the Visitor.
(2) Five members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.
(3) All the members of the Finance Committee, other then ex officio members, shall hold office for a term of three years.
(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.
(5) The Finance Committee shall meet at least thrice every year to examine the accounts and to scrutinise proposals for expenditure.
(6) All proposals relating to creation of posts, and those items which have not been included in the Budget, should be examined by the Finance Committee before they are considered by the Board of Management.
(7) The annual accounts and the financial estimates of the University prepared by the Finance Officer shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Board of Management for approval.
(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).
### 20. Selection Committees. (1) There shall be Selection Committees for making recommendations to the Board of Management for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Principals of Colleges and Institutions maintained by the University. (2)
The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of the Vice-Chancellor, Pro-Vice-Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in column 2 of the said Table:
TABLE
| | |
| --- | --- |
|
Professor
|
(i) The Head of the Department concerned if he is a Professor.
|
|
|
(ii) One Professor to be nominated by the Vice-Chancellor.
|
|
|
(iii) Three persons not in the service of the University, nominated by the Board of Management, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Professor will be concerned.
|
|
Reader/Lecturer
|
(i) The Head of the Department concerned.
|
|
|
(ii) One Professor to be nominated by the Vice-Chancellor.
|
|
|
(iii) Two persons not in the service of the University, nominated by the Board of Management, out of a panel of names recommended by the Academic Council for their special knowledge of, or interest in, the subject with which the Reader or a Lecturer will be concerned.
|
|
Registrar, Finance Officer
|
(i) Two members of the Board of Management nominated by it.
|
|
|
(ii) One person not in the service of the University nominated by the Board of Management.
|
|
Librarian
|
(i) Two persons not in the service of the University, who have special knowledge of the subject of the Library Science Library Administration to be nominated by the Board of Management.
|
|
|
(ii) One person not in the service of the University, nominated by the Board of Management.
|
|
Principal of College or Institution
|
Three persons not in the Institution maintained service of the University of by the University whom two shall be nominated by the Board of Management and one by the Academic Council for their special knowledge of, or interest in, a subject in which instruction is being provided by the College or Institution.
|
NOTE: 1. Where the appointment is being made for an inter-disciplinary project, the head of the project shall be deemed to be the Head of the Department concerned.
### 2. The Professor to be nominated shall be Professor concerned with the speciality for which the selection is being made and that the Vice-Chancellor shall consult the Head of the Department and the Dean of School before nominating the Professor. (3) The Vice-Chancellor, or in his absence, one of the Pro-Vice-Chancellor shall preside at the meetings of a Selection Committee:
Provided that the meetings of the Selection Committee shall be fixed after prior consultation with, and subject to the convenience of Visitor's nominee and the persons nominated by the Board of Management under clause (2) :
Provided further that the proceedings of the Selection Committee shall not be valid unless,--
(a) where the number of Visitor's nominee and the persons nominated by the Board of Management is four in all, at least three of them attend the meeting; and
(b) where the number of Visitor's nominee and the persons nominated by the Board of Management is three in all, at least two of them attend the meeting.
(4) The meeting of a Selection Committee shall be convened by the Vice-Chancellor or in his absence by the Pro-Vice-Chancellor.
(5) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Ordinances.
(6) If the Board of Management is unable to accept the recommendations made by a Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.
(7) Appointments to temporary posts shall be made in the manner indicated below:--
(i) If the temporary vacancy is for a duration longer than one academic session, it shall be filled on the advice of the Selection Committee in accordance with the procedure indicated in the foregoing clauses:
Provided that if the Vice-Chancellor is satisfied that in the interests of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by a local Selection Committee referred to in sub-clause (ii) for a period not exceeding six months.
(ii) If the temporary vacancy is for a period less than a year, an appointment to such vacancy shall be made on the recommendation of a local Selection Committee consisting of the Dean of the School concerned, the Head of the Department and a nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor:
Provided further that in case sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for a month and report to the Vice-Chancellor and the Registrar about such appointment.
(iii) No teacher appointed temporarily shall, if he is not recommended by a regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by a local Selection Committee or a regular Selection Committee, for a temporary or permanent appointment, as the case may be.
### 21. Special mode of appointment. (1) Notwithstanding anything contained in Statute 20, the Board of Management may invite a person of high academic distinction and professional attainments to accept a post of Professor or Reader or any other academic post in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so appoint him to the post. (2)
The Board of Management may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances.
### 22. Appointment for fixed tenure. The Board of Management may appoint a person selected in accordance with the procedure laid down in Statute 20 for a fixed tenure on such terms and conditions as it deems fit. ###
23. Recognised teachers. (1) The qualifications of recognised teachers shall be such as may be prescribed by the Ordinances.
(2) All applications for the recognition of teachers shall be made in such manner as may be laid down in the Ordinances.
(3) No teacher shall be recognised as a teacher except on the recommendation of a Selection Committee constituted for the purpose in the manner laid down in the Ordinances.
(4) The period of recognition of a teacher shall be determined by the Ordinances made in that behalf.
(5) The Academic Council may, be a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw recognition from a teacher:
Provided that no such resolution shall be passed until notice in writing has been given to the person concerned calling upon him to show cause, within such time as may be specified in the notice, why such resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them have been considered by the Academic Council.
(6) Any person aggrieved by an order of withdrawal under clause (5) may, within three months from the date of communication to him of such order, appeal to the Board of Management which may pass such orders thereon as it thinks fit.
### 24. Committees. (1) Any authority of the University may appoint as many standing or special Committees as it may deem fit, and may appoint to such Committees persons who are not members of such authority. (2)
Any such Committee appointed under clause (1) may deal with any subject delegated to it subject to subsequent confirmation by the authority appointing.
### 25. Terms and conditions of service and code of conduct of the teachers, etc. (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the statutes, the Ordinances and the Regulations. (2)
Every teacher and member of the academic staff of the University shall be appointed on a written contract, the form of which shall be prescribed by the Ordinances.
(3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar.
### 26. Terms and conditions of service and code of conduct of other employees. All the employees of the University other than the teachers and other academic staff of the University, shall, in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations. ###
24. Seniority list. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade, and, in accordance with such other principles as the Board of Management may, from time to time, prescribe.
(2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).
(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any person or persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any such person, submit the matter to the Board of Management whose decision thereon shall be final.
### 28. Removal of employees of the University. (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff, and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be under suspension and shall forthwith report to the Board of Management the circumstances in which the order was made: Provided that the Board of Management may, if it is of the opinion that the circumstances of the case do not warrant the suspension of the teacher or the member of the academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees the Board of Management in respect of teachers and other academic staff, and the appointing authority in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or as the case may be, other employee on grounds of misconduct.
(3) Save as aforesaid, the Board of Management or as the case may be, the appointing authority, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months' notice or on payment of three months' salary in lieu thereof.
(4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made.
Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.
(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign,--
(a) if he is a permanent employee, only after giving one months' notice in writing to the Board of Management or the appointing authority, as the case may be, or by paying three month's salary in lieu thereof;
(b) if he is not a permanent employee, only after giving one month's notice in writing to the Board of Management or, as the case may be, the appointing authority or by paying one months' salary in lieu thereof;
Provided that such resignation shall take effect only on the date on which the resignation is accepted by the Board of Management or the appointing authority, as the case may be.
### 29. Honorary degrees. (1) The Board of Management may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Board of Management may, on its own motion, make such proposals.
(2) The Board of Management may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.
### 30. Withdrawal of degrees, etc. The Board of Management may, by a special resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause: Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon, him to show cause within such time as may b specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Board of Management.
### 31. Maintenance of discipline among students of the University. (1) All powers relating to discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor. (2)
The Vice-Chancellor may delegate all or any of his powers as he deems proper to a Proctor and to such other officers as he may specify is this behalf.
(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a College, Institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in thee order, or be debarred from taking an examination or examinations conducted by the University, College, Institution or Department or a School for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.
(4) The Principals of Colleges and Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective Colleges, Institutions, Schools and teaching Departments in the University as may be necessary for the proper conduct of such Colleges, Institutions, Schools and teaching Departments.
(5) Without prejudice to the powers of the Vice-Chancellor, the Principals and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Principals of Colleges, Institutions, Deans of Schools of Studies and Heads of teaching Departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes.
(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.
### 32. Convocations. Convocations of the University for the conferring of degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances. ###
33. Acting Chairman of meetings. Where no provision is made for a President or Chairman to preside over a meeting of any authority of the University or any Committee of such authority or when the President or Chairman so provided for is absent, the members present shall elect one from among themselves to preside at such meeting.
### 34. Resignation. Any member, other than an ex-officio member of the Board of Management, the Academic Council or any other authority of the University or any Committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. ###
35. Disqualifications. (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University,--
(i) if he is of unsound mind;
(ii) if he is an undischarged insolvent;
(iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than six months.
(2) If any question arises as to whether a person is or had been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision shall be final and no suit or other proceeding shall lie in any civil court against such decision.
### 36. Residence condition for membership and office. Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall be eligible to be an officer of the University or a member of any authority of the University. ###
37. Membership of authorities by virtue of membership of other bodies. Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold such of office or membership only for so long as he continues to be a member of that particular authority or body or the holder of that particular appointment, as the case may be.
### 38. Alumni Association. (1) There shall be an Alumni Association for the University. (2)
The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.
(3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the Association for at least one year prior to the date of the election and is a degree holder of the University of at least five years standing:
Provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election.
### 39. Students' Council. (1) There shall be constituted in the University, a Students' Council for every academic year, consisting of-- (i)
the Dean of Students' Welfare who shall be the Chairman of the Students' Council;
(ii) all students who have won prizes in the previous academic year in the fields of studies, fine, arts, sports and extension work;
(iii) twenty students to be nominated by the Academic Council on the basis of merit in studies, sports activities and all-round development of personality:
Provided that any student of the University shall have the right to bring up any matter concerning the University before the Students' Council if so permitted by the Chairman, and he shall have the right to participate in the discussions at any meeting when the matter is taken up for consideration.
(2) The functions of the Students' Council shall be to make suggestions to the appropriate authorities of the University in regard to the programmes of studies, students' welfare and other matters of importance in regard to the working of the University in general and such suggestions shall be made on the basis of consensus of opinion.
(3) The Students' Council shall meet at least once in an academic year preferably in the beginning of that year.
### 40. Ordinances how made. (1) The first Ordinances made under sub-section (2) of section 28 may be amended, repealed or added to at any time by the Board of Management in the manner specified below. (2)
No Ordinance in respect of the matters enumerated in section 28 other than those enumerated in clause (n) of sub-section (1) thereof, shall be made by the Board of Management unless a draft of such Ordinance has been proposed by the Academic Council.
(3) The Board of Management shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for reconsideration, either in whole or in part, together with any amendment which the Board of Management may suggest.
(4) Where the Board of Management has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Board of Management which shall either adopt it or refer it to the Visitor whose decision shall be final.
(5) Every Ordinance made by the Board of Management shall come into effect immediately.
(6) Every Ordinance made by the Board of Management shall be submitted to the Visitor within two weeks from the date of its adopttion. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Board of Management about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance or disallow the Ordinance, and his decision shall be final.
### 41. Regulations . (1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely:-- (i)
laying down the procedure to be observed at their meetings and the number of members required to form a quorum;
(ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be prescribed by Regulations;
(iii) providing for all other matters solely concerning such authorities or committees appointed by them and not provided for by the Act, the Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authority of the dates of meeting and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.
(3) The Board of Management may direct the amendment in such manner as it may specify, of any Regulation made under the Statutes or the annulment of any such Regulation.
### 42. Delegation of powers. Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its powers to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers .
|
65ba8234ab84c7eca86ebcbc | acts |
Union of India - Act
----------------------
The Indian Power Alcohol Act, 1948
------------------------------------
UNION OF INDIA
India
The Indian Power Alcohol Act, 1948
====================================
Act 22 of 1948
----------------
* Published on 1 January 1948
* Commenced on 1 January 1948
An Act to provide for the development of the power alcohol industry.
WHEREAS it is expedient in the public interest that the power alcohol industry should be developed under the control of the Central Government;
It is hereby enacted as follows:--
### 1. Short title, extent and duration.
(1) This Act may be called the Indian Power Alcohol Act, 1948 .
(2) It extends to the whole of India
1
except the State of Jammu and Kashmir].
(3) This Act or such portion thereof shall come into force in such area, and on such date as the Central Government may, by notification in the Official Gazette, specify in this behalf.
### 2. 2
Declaration as to expediency of control by the Union.
It is hereby declared that it is expedient in the public interest that the Union should take under its control the power alcohol industry.]
### 3. Definitions.
In this Act, unless there is anything repugnant in the subject or context,--
(a) " molasses" means the heavy, dark- coloured residual syrup drained away in the final stage of the manufacture of sugar by vacuum pans in sugar factories either from sugarcane or by refining gur, when such a syrup has fermentable sugars (expressed as reducing sugars), but does not include the final residual syrup left in the manufacture of sugar by the open pan process;
(b) " petrol" means dangerous petroleum as defined in clause (b) of section 2 of the Petroleum Act, 1934 (
30 of 1934
);
(c) " power alcohol" means ethyl alcohol containing not less than 99. 5 per cent. by volume of ethanol measured at sixty degrees Fahrenheit corresponding to 74. 4 over proof strength.
### 1. Subs. by Act 73 of 1952, s. 2, for" except Part B States". 2. Subs. by s. 3, ibid., for s. 2. ###
4.
Production of power alcohol.
(1) No person shall manufacture power alcohol from any substance other than molasses or such other substance as may be specified by the Central Government.
(2) If any dispute arises as to whether any substance is or is not molasses, the decision of an officer, authorized by the Central Government in this behalf, regarding such dispute shall be final and shall not be called in question in any Court.
### 5. Power to regulate production and disposal of power alcohol.
The Central Government may regulate the production and disposal of power alcohol by any situated in any area in which this section is for the time being in force.
### 6. Power to direct use of power alcohol as motive power.
(1) The Central Government may, by notification in the Official Gazette, direct that in such area as may be specified therein no petrol shall be sold or kept for sale except with an admixture of power alcohol.
(2) The proportion of petrol and power alcohol in such mixture shall in any area and for any purpose be such as may from time to time be specified by the Central Government but such proportion of power alcohol in the case of mixture with petrol meant for use as motive power for any motor vehicle shall not be more than twenty- five per cent. or less than five per cent. by volume.
(3) The power alcohol to be employed for such mixture shall be obtained from such distilleries as may, from time to time, be specified by the Central Government.
### 7. Penalty.
Whoever contravenes any of the provisions of sections 4 and 6 or any order of the Central Government issued thereunder shall be punishable with imprisonment which may extend to six months or with fine not exceeding one thousand rupees or with both, and in the case of a continued contravention with a further fine which may extend to one hundred rupees for every day during which the contravention is continued after conviction therefor.
### 8. Delegation of powers.
The Central Government may, by notification in the Official Gazette, direct that any power conferred by this Act shall, subject to such conditions, if any, as may be specified in the direction, be exercisable also by--(a) such officer or authority subordinate to the Central Government, or
(b) Such State Government or such other officer or authority subordinate to a State Government as may be specified in the direction.
### 9. Offences to be bailable.
All offences punishable under this Act or any rule made thereunder shall be bailable within the meaning of the Code of Criminal Procedure, 1898 (5 of 1898 ).
### 10. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules
1
for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may--
(a) provide for the licensing of the manufacture of power alcohol;
(b) prescribe the specifications and tests in respect of the purity of power alcohol intended for admixture with petrol in order to ensure its suitability for use in motor vehicles;
(c) fix the price at which power alcohol may be sold for the purpose of admixture with petrol;
(d) provide for imposing and collecting a duty of excise on power alcohol intended for admixture with petrol;
(e) prescribe conditions in respect of the transport and storage of power alcohol intended for admixture with petrol and for the manner in which the admixture is to be affected;
(f) prescribe the submission by a manufacturer of power alcohol or importer or distributor of petrol of returns regarding the power alcohol and petrol manufactured, purchased, stored or sold, as the case may be;
(g) provide for denaturing of power alcohol at the distilleries;
(h) provide for any other matter which is to be or may be prescribed under this Act.
(3) Rules made under this Act may provide that any contravention of such rules shall render the offender liable on conviction to a fine not exceeding one thousand rupees.
### 11. Power of exemption.
Notwithstanding anything contained in this Act, the Central Government may, by notification
2
in the Official Gazette, declare that any of the provisions of this Act shall not apply to any case or class of cases.
### 1. For the Indian Power Alcohol Rules, 1950, see Gazette of India, Extraordinary, 1952, Pt. II, Sec. 3, p. 909. 2. For such notifications, see Gazette of India, 1953, Pt. II, Sec. 3, pp. 549 and 756 and ibid., 1955, p. 240 .
|
65ba1bcdab84c7eca86eaa13 | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Civil Courts Act, 1869
----------------------------------------
MAHARASHTRA
India
The Maharashtra Civil Courts Act, 1869
========================================
Act 14 of 1869
----------------
* Published on 19 March 1869
* Commenced on 19 March 1869
The Maharashtra Civil Courts Act, 1869
Act
No. 14 of 1869
[19th March, 1869]
For Statement of Objects and Reasons, see Gazette of India, 1869, page 100; and for Proceedings in Council see Gazette of India, 1869, Supplement, pages 59, 180, 185, 336, 421 and 464.
An Act to consolidate and amend the law relating to the District and subordinate Civil Courts in the Presidency of Bombay
Preamble
Whereas it is expedient to consolidate and amend the law relating to the district and other subordinate Civil Courts in the Presidency of Bombay; It is hereby enacted as follows:-
Part I – Preliminary
----------------------
### 1. [ Short title and extent.
[This section was substituted for the original by Bombay 94 of 1958, Section 3.]
(1) This Act may be called [the Maharashtra Civil Courts Act].
(2) It extends to the whole of the [State of Maharashtra]
[These words were substituted for the words 'State of Bombay' by the Maharashtra Adaptation of Laws (State and Concurrent Subject) Order, 1960, Schedule.]
].
### 2. [Repeal of enactments.]
Rep by Act XIV of 1870.
Part II – Districts and Sadr Stations
---------------------------------------
### 3. Alteration and creation of districts.
- The [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] may from time to time, by a notification in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Government Gazette' by the Adaptation of Indian Law Order in Council.]
, alter [the limits of existing zillas (which shall hereafter be called districts) and create new districts for the purposes of this Act]
[In this connection, see section 22A, infra.]
.
### 4. Position of sadr station.
- The [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] may also from time to time, by notification in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Government Gazette' by the Adaptation of Indian Law Order in Council.]
, alter the position of the sadr station in any district, and fix the position of the sadr station in any new district.
Part III – District Courts
----------------------------
### 5. District Judges.
- There shall be in each district a District Court presided over by a Judge to be called the District Judge [\* \* \* \* \*]
[The words 'He shall be appointed by the Governor of Bombay in Council by whose authority only he shall be liable to be suspended or removed from his appointment' were omitted by the Adaptation of Indian Laws Order in Council.]
[\* \* \* \*]
[The words 'The present Zilla Judges shall be the first District Judges under this Act' were repealed by the Repealing Act, 1876 (12 of 1876).]
.
### 6. Situation of District Court.
- The District Judge shall ordinarily hold the District Court at the sadr station in his district, but may, with the previous sanction of the High Court, hold it elsewhere within the district.
### 7. Original jurisdiction of District Court.
- The District Court shall be the Principal Court of original civil jurisdiction in the district, within the meaning of the Code of Civil Procedure;
### 8. Appellate jurisdiction of District Court.
- Except as provided in sections 16, 17 and 26 the District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate Courts from which an appeal lies under any law for the time being in force.
### 9. Control and inspection of Courts.
- The District Judge shall have general control over all the Civil Courts and their establishments within the district, and it shall be his duty to inspect, or to cause one of his assistants to inspect, the proceedings of all the Courts subordinate to him, and to give such directions with respect to matters not provided for by law as he may think necessary.
The District Judge shall also refer to the High Court all such matters as appear him to require that a rule of that Court should be made thereon.
### 10. Writs and orders.
- The District Judge shall obey all writs, orders or processes issued to him by the High Court, and shall make such returns or reports thereto under his signature and the seal of the Court as the exigencies of the case require.
Reports and Returns
He shall further furnish such reports and returns and copies of proceedings as may be called for by the High Court or the [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government].
### 11. Seal of District Judge.
- The District Judge shall use a circular seal, two inches in diameter, which shall bear thereon [the Asoka Capital of Motif]
[These words were substituted for the words 'the Royal Arms' by Bombay 22 of 1949, Section 3.]
, with the following inscription in English and the principal language of the district:-
"District Court of."
Part IV – [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
------------------------------------------------------------------------------------------------------------------------------------------
### 12. Power to appoint [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
- The [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] may [\* \* \*]
[The words 'with the previous sanction of the Governor-General of India in Council' were repealed by section 3 and the 2nd Schedule of the Bombay Repealing and Amending Act, 1910, (Bombay 1 of 1910).]
appoint in any District a [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
who shall be invested with co-extensive powers and a concurrent jurisdiction with the District Judges, except that he shall not keep a file of civil suits and shall transact such civil business only as he may receive from the District Judge, or as may have been referred to the [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
by order of the High Court.
[\* \* \* \* \* ]
[The second clause of section 12 was repealed by Maharashtra 27 of 1984.]
### 12A. [ Power to appoint District Judge or [Additional District Judge]
[Section 12A was inserted by Section 2 of the Bombay Civil Courts (Amendment) Act, 1942, (Bombay 11 of 1942), read with Section 3 of Bombay 48 of 1947.]
in one district to be [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
in another district.
- The [State]
[This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.]
Government may appoint the District Judge or the [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
in any district to be also a [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
in another district. Such [Joint District Judges]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
may hold his Court and transact civil business at such place or places in either district as he may deem fit.]
### 13. Enactments applied to [Joint District Judge, Joint District Judge's]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
seal.
- All Regulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to apply also to the [Joint District Judge, Joint District Judge's]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
and the seal of the [Joint District Judge, Joint District Judge's]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
shall be the same as is used by the District Judge.
Part V – [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
--------------------------------------------------------------------------------------------------------------------------------------------------
### 14. Power to appoint [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
.
- The [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] [\* \* \* \*]
[The words 'under the general control of the Governor-General of India in Council' and 'and may suspend or remove from his appointment any Assistant so appointed' were omitted by the Adaptation of Indian Laws Order in Council.]
may appoint one or more [Additional District Judges]
[Theses words were substituted for the word 'Assistants' in accordance with the provisions of Maharashtra 27 of 1984, Section 2(c) .]
to the District Judge [\* \*]
[The words 'under the general control of the Governor-General of India in Council' and 'and may suspend or remove from his appointment any Assistant so appointed' were omitted by the Adaptation of Indian Laws Order in Council.]
[\* \* \* \* \*]
[The words 'The present Assistant Judges shall be the first Assistant Judges under this Act' were repealed by the Repealing Act, 1876, (12 of 1876).]
.
### 15. Situation of [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
Court.
- An [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
shall ordinarily hold his Court at the same place as the District Judge, but he may hold his Court elsewhere within the district, whenever the District Judge shall, with the previous sanction of the High Court, direct him so to do.
### 16. Original Jurisdiction of [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
- The District Judge may refer to any [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
subordinate to him [any original suits and proceedings of a civil nature]
[These words were substituted for the words 'original suits of which the subject matter does not amount to forty thousand rupees' by Maharashtra 10 of 1983, Section 2(a) .]
, [applications or references under special Acts,]
[These words were inserted by section 2 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900).]
and miscellaneous applications [\* \*]
[The words 'not being of the nature of appeals' were deleted by Bombay 94 of 1958, Section 4.]
.
The [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
shall have jurisdiction to try such suits and to dispose of such applications [or references]
[The words 'The present Assistant Judges shall be the first Assistant Judges under this Act' were repeated by the Repealing Act, 1876 (12 of 1876).]
.
When the [Additional District Judges]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
decrees and orders in such cases are appealable, the appeal shall lie to the District Judge or to High Court according as the amount or value of the subject-matter does not exceed or exceeds [ten lakh rupees]
[These words were substituted for the words 'two lakhs rupees' by Maharashtra 44 of 2011, Section 2 (w.e.f. 16-1-2012).]
.
[\* \* \* \* \* \* \*]
[The words and figures 'The Assistant Judge shall, when directed by the District Judge so to do also take evidence on applications for certificates under Bombay Regulation 8 to 1827 (to provide for the formal recognition of heirs, executors and administrators and for the appointment of administrators and managers of property by the Courtd) Act No. VII of 1860 (for facilitating the collection of debts on succession and for the security of parties paying debts to the representatives of deceased persons), were repealed by the Succession Certificate Act, 1889 (7 of 1889), and the words and figures and Act No. XX of 1864 (for making better provisions for the care of the persons and property of minors in the Presidency of Bombay) and shall forward it with his opinion thereon for the final orders of the District Judge, were repealed by the Guardians and Wards Act, 1890 (8 of 1890).]
### 17. [ Appellate jurisdiction of [Additional District Judge]
[This Section was substituted for the original by Bombay 94 of 1958 Section 5.]
.
- An [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
shall have jurisdiction to try such appeals from the decrees and orders of the subordinate courts as would lie to the District Judge and as may be referred by him to the [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
.
Decrees and orders passed under this section by an [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
shall have the same force and shall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the District Judge.]
### 18. [Continuance of [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
appellate jurisdiction.]
Deleted by Bombay XCIV of 1958, Section 6.
### 19. Power to invest [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
with powers of District Judge.
- The [ [State]
[The words 'Provincial Government' were substituted for the word 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] may, by notification in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Government Gazette' by the Adaptation of Indian Laws Order in Council.]
, invest an [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
with all or any of the powers of a District Judge within a particular part of a district, and may, by like notification, from time to time determine and alter the limits of such part.
The jurisdiction of an [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
so invested shall pro tanto exclude the jurisdiction of the District Judge from within the said limits.
Every [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
so invested shall ordinarily hold his Court as such place within the local limits of his jurisdiction as may be determined by the [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government], and may, with the previous sanction of the High Court, hold it at any other place within such limits.
### 20. [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
to use seal of District Judge.
- Every [Additional District Judge]
[These words were substituted for the words 'Assistant Judge' by Maharashtra 27 of 1984, Section 2(a) .]
shall use the seal of the District Judge to whom he is [Additional District judge]
[These words were substituted for the word 'Assistant' in accordance with the provisions of Maharashtra 27 of 1984. Section 2(c) .]
.
Part VI – [Civil Judges]
[The heading 'Civil Judges' were substituted for the heading 'Subordinate Judges' by Section 2 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
### 21. Number of subordinate Civil Courts.
- There shall, be in each district so many Civil Courts subordinate to the District Court as the [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government], [\* \* \*]
[The words 'acting under the general control of the Governor-General of Indian in Council' were omitted by the Adaptation of Indian Laws Order in Council.]
shall from time to time direct:
[Provided that for special reasons it shall be lawful for the [ [State]
[This proviso was inserted by section 3 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900.).]
Government] at any time to close temporarily any such Subordinate Court].
### 22. Appointment of [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.
- The Judges of such Subordinate Courts shall be appointed by the [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government], and shall be called [Civil Judges]
[The heading 'Civil Judges' were substituted for the heading 'Subordinate Judges' by Section 2 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.
[\* \* \* \* \* \* \* \* ] [[The words 'No person shall be appointed a Subordinate Judge unless he be a subject of Her Majesty or a subject of a Native Prince or State in India under the suzerainty of Her Majesty, and is also a person who has practiced three years as an advocate of a High Court in India or as a vakil in the High Court of Judicature in Bombay, or who has qualified for the duties of a subordinate Judge according to such testes as may for the time being be prescribed by such High Court, or who has taken the degree of Bachelor of Laws in the University of Bombay.
The tests so prescribed by the High Court shall be notified in the 'Government Gazette' were omitted by the Adaptation of Indian Laws Order in Council.]]
### 22A. [ Power to fix local limits of jurisdiction of [Civil Judges]
[Section 22A was inserted by section 2 of the Bombay Civil Courts Act, 1880 (9 of 1880).]
- The [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] may, by notification in the Official Gazette, fix, and, by a like notification, from time to time, alter the local limits of the ordinary jurisdiction of the [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.]
### 23. Situation of Subordinate Courts.
- The [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall hold their Courts at such place or places as the [ [State]
[The words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government] may from time to time appoint within the local limits of their respective jurisdictions:
[Provided that for special reasons it shall be lawful for the [ [State]
[This proviso was inserted by section 4 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900).]
Government] to order that a [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall hold his Court at a place outside the local limits of his jurisdiction.]
Wherever more than one such place is appointed the District Judge shall, subject to the control of the High Court, fix the days on which the [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall hold his Court at each of such places, and the [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall cause such days to be duly notified throughout the local limits of his jurisdiction.
The same person may be the Judge of more than one subordinate Court [and may dispose of the civil business of any one of his Courts at the headquarters of any of his Courts]
[The words 'and may dispose of the civil business of any one of his Court at the headquarters of any other of his Courts' were inserted by section 2(1) of Bombay' 7 of 1930.]
; and in such cases the District Judge shall, subject to the control of the High Court, prescribe rules for regulating the time during which the [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall sit in each Court.
Appointment of Joint [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.
[For the purpose of assisting' the Judge of any subordinate Court in the disposal of the civil business on his file, [the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the [State] [[These two paragraphs were substituted for the original last paragraph of section 23 by Bombay 1 of 1900, Section 4.
The original paragraph was as follows :-
'The Judge of any subordinate Court may, with the previous sanction of the High Court, be deputed by the District Judge to the Court of another Subordinate Judge for the purpose of assisting him in the disposal of the suits on his file.']] ] one or more Joint [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
, or the District Judge may, with the previous sanction of the High Court, depute to such Court the Judge of another subordinate Court within the district. A [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
thus appointed or deputed to assist in the Court of another [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by Judge of such Court. [He may also dispose of the Civil business of his Court at the place of his deputation subject to the general or special orders of the High Court in this behalf.]
[The sentence was added by section 2(2) of Bombay 7 of 1930.]
Provisions applicable to Joint [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
For the purpose of this section the provisions of the Act applicable to [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall be, and shall be deemed always to have been applicable to joint [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
:
Provided that no such Joint [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall hear and determine any suit instituted under section 4 of the Dekkhan Agriculturists' Relief Act, 1879, unless the value of the said suit falls within the limits of the pecuniary jurisdiction conferred on him by that Act.]
### 24. Classes of [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
- The [Civil Judges]
[The words 'Civil Judges' were substituted for the words 'Subordinate Judges' by Section 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall be of two classes.
Jurisdiction of [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.
The jurisdiction of a [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
extends to all original suits and proceedings of a civil nature.
Jurisdiction of [Civil Judge (Junior Division)]
[The words 'Civil Judge (Junior Division)' were substituted for the words 'Subordinate Judge of the Second class' by Section 6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.
The jurisdiction of a [Civil Judge (Junior Division)]
[The words 'Civil Judge (Junior Division)' were substituted for the words 'Subordinate Judge of the Second class' by Section 6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
extends to all original suits and proceedings of a civil nature wherein the subject matter does not exceed its amount or value [five lakh rupees]
[These words were substituted for the words 'one lakh rupees' by Maharashtra 44 of 2011, Section 3(a) , (w.e.f. 16.1.2012).]
:
[Provided that the [ [State]
[The proviso was added by section 3 of Bombay 7 of 1930.]
Government] may increase the limit of [five lakh rupees to seven lakh fifty thousand rupees]
[These words were substituted for the words 'one lakh rupees to one lakh fifty thousand rupees' by Maharashtra 44 of 2011, Section 3(b) , (w.e.f. 16.1.2012).]
in the case of any [Civil Judge (Junior Division)]
[The words 'Civil Judge (Junior Division)' were substituted for the words 'Subordinate Judge of the Second class' by Section 6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
of not less than ten years' standing and specially recommended in this behalf by the High Court. A [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
so empowered shall continue to exercise this power so long and as often as he may fill the office of a [Civil Judge (Junior Division)]
[The words 'Civil Judge (Junior Division)' were substituted for the words 'Subordinate Judge of the Second class' by Section 6 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
, without reference to the District in which he may be employed, unless the powers are withdrawn by [the [State]
[The words 'The Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.]
Government] .]
### 25. Special jurisdiction of [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
.
- A [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature, [\* \*]
[The words 'wherein the subject-matter exceeds five thousand rupees In amount or value' were omitted by section 4(1) of Bombay 7 of 1930.]
as may arise within the local jurisdiction of the Courts in the district presided over by [Civil Judges (Junior Division)]
[The words 'Civil Judges (Junior Division)' were substituted for the words 'Subordinate Judges of the second Class' by Section 7 of The Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
[and wherein the subject-matter exceeds the pecuniary jurisdiction of the [Civil Judge (Junior Division)]
[These words and figures were added by section 4(2) of Bombay 7 of 1930.]
as defined by section 24.]
In districts to which more than one [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
have been appointed, the District Judge to the orders of the High Court, shall assign to each the local limits within which his said special jurisdiction is to be exercised.
### 26. Appeals from his decision.
- In all suits decided by a [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947.]
[\* \* \* \*]
[The words 'of the first class in the exercise of his ordinary and special original jurisdiction' were repealed by section 2 of Act 28 of 1930.]
of which the amount or v of the subject-matter exceeds [ten lakh rupees]
[These words were substituted for the words 'two lakh rupees' by Maharashtra 44 of 2011, Section 4, (w.e.f. 16.1.2012).]
the appeal from his decision direct to the High Court.
### 27. Appellate jurisdiction of [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first Class' by Section 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
or Judge of Court of Small Causes.
- [Provincial Government]
[These words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
may invest any [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first Class' by Section 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
[or any Judge of the Court of Small Causes established under the Provincial Small Cause Court Act, 1887, in any place to which this section extends]
[These words were inserted by section 5 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900).]
with power to hear appeals from such decrees and orders of Subordinate Courts as may be referred to him by the Judge of the district.
Decrees and orders so passed in appeal by a [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first Class' by Section 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
[or a Judge of a Court of Small Causes]
[These words were inserted by section 5 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900).]
shall have the same force as if passed by a District Judge.
[A [Civil Judge (Senior Division)] [[This paragraph was substituted for the original paragraph by Bombay 1 of 1900, section 5. The original paragraph was as follows :-
'The Governor or Bombay in Council may, whenever he thinks fit, withdraw such jurisdiction from any Subordinate Judge so invested,']] or a Judge of a Court of Small Causes, on whom the power of hearing appeals has once been conferred under this section, shall continue to have this power so long and so often as he may fill the office of [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the first Class' by Section 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
or Judge of a Court of Small Causes respectively, without reference to the district in which he may be employed:
Provided that the [Provincial Government]
[These words 'Provincial Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
may, by notification in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Government Gazette' by the Adaptation of Indian Laws Order in Council.]
, at any time withdraw such power.]
### 28. [ Power to invest Civil Judges with small cause powers.
[This section was substituted for the original by Bombay 94 of 1958, Section 7.]
(1) The High Court may invest any Civil Judge with the jurisdiction of a Court of Small Causes for the trial of suits cognizable by such courts upto such amount as it may deem proper, not exceeding in the case of a Civil Judge (Senior Division) [twelve thousand rupees] and in the case of a Civil Judge (Junior Division) [Six thousand rupees]
[These word were substituted for the words 'one thousand and five hundred rupees' by Maharashtra 35 of 2001, Section 2(b) .]
.
(2) A Civil Judge (Senior Division) or a Civil Judge (Junior Division), who is invested with the jurisdiction of a Court of Small Causes under sub-section (1), shall continue to have such jurisdiction within the local limits of his ordinary jurisdiction so long and as often as he may fill the office of Civil Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, without reference to the District in which he may be employed.
(3) The High Court may, whenever it thinks fir, withdraw such jurisdiction from any Civil Judge so invested.]
### 28A. [ Power to invest [Civil Judges]
[Section 28A was inserted by section 2 of the Bombay Civil Courts (Amendment) Act, 1912 (Bombay 5 of 1912).]
with jurisdiction under certain Acts.
(1) The High Court may be general or special order invest any [Civil Judges]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
, within such local limits and subject to such pecuniary limitation as may be prescribed in such order, with all or any of the powers of a District Judge or a District Court as the case my be under the [Indian Succession Act, 1865]
[See now the Indian Succession Act, 1925.]
the [Probate and Administration Act 1881]
[See now the Indian Succession Act, 1925.]
, or paragraph 3 of Schedule III to the Code of Civil Procedure, 1908.
(2) Every order made by a [Civil Judges]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal to the High Court or the District Court according as the amount or value of the subject-matter exceeds or does not exceed [ten lakh rupees]
[These words were substituted for the words 'two lakhs rupees' by Maharashtra 44 of 2011, Section 5 (w.e.f 16.1.2012).]
(3) Every order of the District Judge passed an appeal under sub-section (2) from the order of a [Civil Judges]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall be subject to an appeal to the High Court under the rules contained in the Code of Civil Procedure applicable to appeals from appellate decrees.]
### 28B. [ Transfer of pending suits and appeals.
[This section was inserted by Maharashtra 44 of 2011, Section 6 (w.e.f 16.1.2012).]
- On the commencement of the Bombay Civil Courts (Amendment) Act, 2011,-
(1) all suits in which the amount or value of the subject matter does not exceed rupees five lakhs and which are pending before the Court of Civil Judge (Senior Division), immediately, before such commencement, shall stand transferred to the concerned Court of Civil Judge (Junior Division) and such court may deal with such suit from the stage which was reached before such transfer or from any earlier stage or de-novo as such court may deem fit;
(2) all appeals in which the amount or value of the subject matter does not exceed rupees ten lakhs and pending before the High Court immediately before such commencement, shall stand transferred to the concerned District Court and such District Court may deal with such appeal from the stage which was reached before such transfer or from any earlier stage or de-novo as such court may deem fit:
Provided that, this section shall not apply to any suits and appeals which are pending before the Court of Civil Judge (Senior Division) or, as the case may be, before the High Court, which are statutorily provided under the relevant enactment before such Court.]
### 29. Seal of [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
. - Each [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
shall use a seal one inch and-a-half in diameter, bearing [the Asoka Capital Motif]
[These words were substituted for the words 'the Royal Crown' by Bombay 22 of 1949, Section 4.]
with the following inscription in English and the principal Language of the district:-
"[Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
of
### 30. , 31. [First Subordinate Judges; pending proceedings.]
Rep. Act XII of 1876.
### 32. [ Government suits
[This section was substituted for the original section 32 by section 2 of the Bombay Civil Courts (Amendment) Act, 1926 (Bombay VI of 1926).]
(1) No subordinate court other than the court of a [Civil Judge (Senior Division)] and no court of small causes shall receive or register any suit in which [the Crown]
[The words 'the Crown' were substituted for the words 'the Secretary of State for India in Council' by the Adaptation of Indian Laws Order in Council.]
or any officer of the [Government]
[This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]
in his official capacity is a party.
(2) In every such case the plaintiff shall be referred to the court of the [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the First Class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
and such suit shall be instituted only in the court of the [Civil Judge (Senior Division)]
[The words 'Civil Judge (Senior Division)' were substituted for the words 'Subordinate Judge of the First Class' by Section 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945) read with Bombay 48 of 1947, Section 3.]
and shall be heard by such [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendement) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
, subject to the provisions of section 24 of the Code of Civil Procedure, 1908.
(3) Nothing in this section shall be deemed, to apply to a suit against the administration of a Government railway; or to apply to any suit merely because an officer of the [Government]
[This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]
is a party thereto, in his capacity of-
(a) member of a local authority,
(b) curator, guardian, manager or representative of a private person or estate in virtue of an appointment, delegation, declaration or exercise of powers under:-
(i) Order 32, rule 4(4), of the code of Civil Procedure, 1908;
(ii) Section 69 or 71 of the Indian Lunacy Act, 1912;
(iii) Section 7, 18 or 42 of the Guardian and Wards Act, 1890
(iv) Section 1 or 17 of the Ahmedabad Talukdar's Act, 1862;
(v) Section 3, 19(1), 19(2), 20, 22(1) or 41(1) of the Bombay Court of Wards Act, 1905].
Removal or Suspension
### 33. [Commission of inquiry into alleged misconduct.]
Omitted by the Adaptation of Indian Laws order in Council.
### 34. [Suspension of Subordinate Judges by High Court; by District Judge Saving power of Government to suspend or dismiss.]
Omitted, by the Adaptation of Indian Laws Order in Council.
Part VII – Temporary Vacancies
--------------------------------
### 35. [ Temporary vacancy in office of District Judge.
[Section 35 was substituted for the original by Maharashtra 46 of 1977, Section 17.]
- In the event of the death of the District Judge or of his absence from his district on leave or of his becoming incapable of acting, the first in rank of the [Joint District Judge] in the district, or in the absence of any [Joint District Judge]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
the first in rank of the [Additional District Judge]
[These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a) .]
in the district, or in the absence of any [Joint District Judge]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
and [Additional District Judge]
[These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a) .]
the first in rank of the Civil Judges in the district, shall assume charge or the District Court without interruption to his ordinary jurisdiction and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution processes, return of writs and the like and shall also dispose of any urgent suits, appeals and other proceedings (including any applications or references under any special Acts) which are or may be filed or pending before the District Judge. The Judge performing such duties and exercising such powers shall be designated [Joint District Judge]
[These words were substituted for the words 'Joint Judge' by Maharashtra 27 of 1984, Section 2(b) .]
[Additional District Judge]
[These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a) .]
or Civil Judge, as the case may be, in charge of the district, and shall continue in such charge until the office of the District Judge may be resumed or assumed by an officer duly appointed thereto.]
### 36. Delegation of powers of District Judge.
- Any District Judge leaving the sadr station and proceeding on duty to any place within his district may [where no [Joint District Judge]
[These words were inserted by Maharashtra 46 of 1977, Section 18.]
is available] delegate to an [Additional District Judge]
[These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a) .]
, or in the absence of an [Additional District Judge]
[These words were substituted for the words 'Assistant Judge,' by Maharashtra 27 of 1984, Section 2(a) .]
, to [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
at the sadr station, the power of performing such of the duties enumerated in section 35 as may be emergent; and such officer shall be designated [Additional District Judge]
[These words were substituted for the words 'Assistant' in accordance with the provisions of Maharashtra 27 of 1984, Section 2(c) .]
or [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
, as the case may be, in charge of the said station.
### 37. Temporary vacancy of office of Subordinate Judge.
- In the event of the death, suspension or temporary absence of any [Civil Judge]
[The words 'Civil Judge' were substituted for the words 'Subordinate Judge' by Section 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bombay 10 of 1945), read with Bombay 48 of 1947, Section 3.]
, the District Judge may empower the Judge of any subordinate Court of the same, district to perform the duties of the Judge of the vacated subordinate Court, either at the place of such Court or his own Court; but in every such case the registers and records of the two Courts shall be kept distinct.
Part VIII – Ministerial Officers
----------------------------------
### 38. [Appointment etc, of ministerial officers]
Omitted by the Adaptation of India Laws Order in Council.
### 39. Duties of ministerial officers.
- The duties of [the ministerial officers of the Civil Courts]
[The words 'the ministerial officers of the Civil Courts' were substituted for the words 'the said ministerial officers' by the Adaptation of Indian Laws Order in Council.]
shall be regulated by such rules as the High Court may from time to time prescribe.
### 40. Power to appoint clerks of the Courts.
- [There may be appointed to any Civil Court under this Act]
[The words 'There may be appointed to any Civil Court under this Act' were substituted for the words. 'The District Judge may, under the general control of the Governor or Bombay in Council appoint to any Civil Court under this Act within the local limits of his jurisdiction' by the Adaptation of Indian Laws Order in Council.]
a clerk of the Court, who, in addition to such duties as may from time to time be prescribed by the High Court, may receive and register plaints, and shall refer such as he may consider should be refused for the orders of the Judge of the Court, and may sigh all processes, an authenticate copies of papers.
### 40A. [Powers to transfer clerks of the Court or ministerial officer.]
Omitted by the Adaptation of Indian Laws Order in Council.
Part IX – Miscellaneous
-------------------------
### 41. Rules for keeping proceedings.
- The proceedings of each Civil Court shall be kept and recorded according to such rules as the High Court may from time to time prescribe. The High Court shall also lay down rules under which copies of papers may be granted.
### 41A. [ Licensed petition-writers.
[Section 41A was inserted by section 9 of the Bombay Civil Courts (Amendment) Act, 1900 (Bombay 1 of 1900).]
(1) The High Court may, from time to time, make rules consistent with this Act and any other enactment for the time being in force-
(a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; and
(c) providing a penalty of fine not exceeding fifty rupees for the breach of any of the rules so made, and determining the authority by which such breaches of the rules shall be investigated and the penalties imposed.
(2) Every fine imposed under clause (c) of sub-section (1) shall be recoverable as if it were a fine imposed by Magistrate in the exercise of his ordinary jurisdiction.]
### 42. Fees for process.
- The High Court shall from time to time, with the sanction of the [ [State]
[The words 'Provincial Government' were substituted for the words' Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
Government], prescribe and regulate the fees to be taken for any process issued by any Court the constitution of which is declared by this Act, or by an officer of such Court.
Tables of the fees so prescribed shall be published in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Government Gazette' by the Adaptation of Indian Laws Order in Council.]
.
### 43. Sittings of Courts.
- The District and Subordinate Courts shall sit from day to day except on Sundays, [\* \* \*]
[The words 'New Year's Day, Good Friday and Christmas Day' were deleted by Maharashtra 10 of 1983, Section 5.]
and such other days as may be sanctioned for each or every district by the High Court.
Vacation.
The High Court may also permit the Civil Courts under its control to adjourn for a period or periods not exceeding in the whole six weeks in each year.
The Schedule
Enactments Repealed
[Rep. Act XIV of 1987]
Notifications
G.N., H.D., No. SRO. 1057/5329(i) -III, dated 23rd March, 1959 (B. G., Part 4-A, page 449) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Civil Courts (Extension and Amendment) Act, 1958 (Bombay XCIV of 1958), the Government of Bombay hereby appoints the 1st day of April 1959 as the day on which the said Act shall come into force.
G. N., L. & J.D., No. CCS 2774/804 (385) X, dated 17th December, 1977 (M. G., 1978, Part 4-B, page 63) - In exercise of the powers conferred by sub-section(2) of section 1 of the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1977 (Maharashtra XLVI of 1977), the Government of Maharashtra hereby appoints the 1st day of January 1978 to be the date on which the said Act shall come into force.
G.N., H.D., No. CPR. 1256/ 18420-(III) , dated 25th September, 1956 (B. G., Part 4-A, page 559) - In exercise of the powers conferred by section 3 of the Bombay Civil Courts Act, 1869 (XIV of 1869), the Government of Bombay hereby alters the existing limits of the Judicial Districts of Belgaum and Kolhapur and directs that the areas comprising the revenue talukas of Chandgad at present included in the Judicial District of Belgaum shall with effect from the 1st day of October 1956 be excluded therefrom, and be included in the Judicial District of Kolhapur.
G.N., H.D., No. SRO. 1060/1280(i) -III, dated 23rd April, 1960 (B. G., Part 4-A, page 956) - In exercise of the powers conferred by section (3) of the Bombay Civil Courts Act, 1869 (XIV of 1869), the Government of Bombay hereby alters the limits of the judicial districts of Thane, [\* \* \*]
[Not printed as it pertains to Gujarat State.]
and West Khandesh and directs that on and from the 30th day of April 1960, the limits-
(1) of the judicial district of Thane shall be co-extensive with the limits of the revenue district of Thane as constituted under the Bombay Land Revenue Code, 1879 (hereinafter referred to as the said Code) on the 30th April, 1960;
(2) [\* \* \* \* \*]
[Not printed as it pertains to Gujarat State.]
(3) [\* \* \* \* \*]
[Not printed as it pertains to Gujarat State.]
(4) of the Judicial district of West Khandesh shall be co-extensive with the limits of the revenue district of West Khandesh as constituted under the said Code, on the 30th April, 1960.
Amended by G.N., H.D., No. SRO. 1057/5329 (ii) -III, dated 4th July, 1959 (B. G., Part 4-A, page 860).
Amended by G. N., L. & J.D., No. CJM.1671/1257 (i) -H-2, dated 15th September, 1972 (M. G., Part 4-A, page 789)
Amended by G. N., L. & J.D., No. CJM.1671/1257 (ii) -H-2, dated 15th September, 1972 (M. G., Part 4-A, page 790)
G.N., H.D., No. SRO. 1057/5329 (ii) -III, dated 23rd March, 1959 (B.G., Part 4-A, page 449) - In exercise of the powers conferred by sections 3 and 4 of the Bombay Civil Courts Act, 1869 (XIV of 1869) and in supersession of all previous notifications or orders issued in this behalf under any of the laws specified in clauses (i) to (iv) of section 8 of the Bombay Civil Courts (Extension and Amendment) Act, 1958 (Bombay XCIV of 1958), the Government of Bombay hereby creates, with effect from and on the 1st day of April 1959, new Judicial districts specified in 1 of the Schedule appended hereto comprising the areas respectively specified against then? column 2 of the said Schedule and fixes the places respectively specified against them in column 3 of the said Schedule as the said stations of the said Judicial districts.
Schedule
----------
| | | | |
| --- | --- | --- | --- |
|
Judicial District
|
Areas
|
|
Places
|
|
1
|
2
|
|
3
|
|
Nagpur
|
The district of Nagpur as Constituted under
the Madhya Pradesh Land Revenue Code, 1954
|
|
Nagpur
|
|
Bhandara
|
The district of Bhandara as Constituted under
the Madhya Pradesh Land Revenue Code, 1954
|
|
Bhandara
|
|
Wardha
|
The district of Wardha as Constituted under
the Madhya Pradesh Land Revenue Code, 1954
|
|
Wardha
|
|
Chanda
|
The district of Chanda as Constituted under
the Madhya Pradesh Land Revenue Code, 1954[and the taluka of
Rajura as included in that district under the Maharashtra Land
Revenue Code, 1966]
[Substituted by G.N. of 15-9-1972.]
|
|
Chanda
|
|
Akola
|
The district of Akola as Constituted under the
Madhya Pradesh Land Revenue Code, 1954
|
|
Akola
|
|
Buldana
|
The district of Buldana as Constituted under
the Madhya Pradesh Land Revenue Code, 1954
|
|
Buldana
|
|
Amravati
|
The district of Amravati as Constituted under
the Madhya Pradesh Land Revenue Code, 1954
|
|
Amravati
|
|
Yavatmal
|
The district of Yavatmal as Constituted under
the Madhya Pradesh Land Revenue Code, 1954
|
|
Yavatmal
|
|
[\*
[Not printed as it pertains to Gujarat State.]
|
\*
[Not printed as it pertains to Gujarat State.]
|
\*
[Not printed as it pertains to Gujarat State.]
|
[Not printed as it pertains to Gujarat State.]
| \*
[Not printed as it pertains to Gujarat State.]
|
\*]
[Not printed as it pertains to Gujarat State.]
|
|
Osmanabad
|
The district of Osmanabad as Constituted under
the Hyderabad Land Revenue Act.
|
|
Osmanabad
|
|
Nanded
|
The district of Naded as Constituted under the
Hyderabad Land Revenue Act.[excluding the area comprised in
the new district of Rajura as constituted under that Act]
[Inserted by G.N. of 4-7-1959.]
|
|
Nanded
|
|
Parbhani
|
The district of Parbani as Constituted under
the Hyderabad Land Revenue Act.
|
|
Parbhani
|
|
Aurangabad
|
The district of Aurangabad as Constituted
under the Hyderabad Land Revenue Act.
|
|
Aurangabad
|
|
Beed
|
The district of Beed as Constituted under the
Hyderabad Land Revenue Act.
|
|
Beed
|
|
[\*
[Not printed as it pertains to Gujarat State.]
|
\*
[Not printed as it pertains to Gujarat State.]
|
\*
[Not printed as it pertains to Gujarat State.]
|
\*
[Not printed as it pertains to Gujarat State.]
|
\*
[Not printed as it pertains to Gujarat State.]
|
\*]
[Not printed as it pertains to Gujarat State.]
|
G. N., L. & J. D., No. CRC.3081/175(i) -XV, dated 1st May, 1981 (M.G., Part 4-A page 447) - In exercise of the powers conferred by sections 3 and 4 of the Bombay Civil Courts Act, 1869 (XIV of 1869) and in partial modification of Government Notification, Home Department, No. SRO. 1057/5329 (ii)-III, dated the 23rd March, 1959, the Government of Maharashtra hereby alters and, as the case may be, creates, with effect from and on the 1st day of May 1981, new judicial Districts specified in column (1) of the Schedule hereto, comprising the areas respectively specified against them in column (2) of the said Schedule and fixes the places respectively specified against them in column (3) of the said Schedule as the sadar stations of the said judicial districts.
Schedule 2
------------
| | | | |
| --- | --- | --- | --- |
|
Judicial Districts
|
Areas
|
|
Places
|
|
1
|
2
|
|
3
|
|
Aurangabad
|
The district of Aurangabad as constituted,
from time to time, under the Maharashtra Land Revenue Code, 1966
|
|
Aurangabad
|
|
Jalna
|
The district of Jalna as constituted, from
time to time, under the Maharashtra Land Revenue Code, 1966
|
|
Jalna
|
|
Parbhani
|
The district of Parbhani as constituted, from
time to time, under the Maharashtra Land Revenue Code, 1966.
|
|
Parbhani
|
G. N., L. & J. D., No. CRC.5782/ 1412-(234) -(1)-XI, dated 19th November, 1982 (M.G., Part 4-A page 1210) - In exercise of the powers conferred by sections 3 and 4 of the Bombay Civil Courts Act, 1869 (XIV of 1969) and in modification of Government Notification, Home Department, No. SRO. 1975/5329 (ii)-III, dated the 23rd March, 1959, and all other previous notifications and orders issued in this behalf, the Government of Maharashtra hereby, with effect from the 1st December 1982, creates new Judicial Districts specified in column 1 of the Schedule appended hereto, comprising the areas respectively specified against them in column 2 of the said Schedule, and fixes the places respectively specified against them in column 3 of the said Schedule as the sadar stations of the said judicial Districts.
Schedule 3
------------
| | | | |
| --- | --- | --- | --- |
|
Judicial Districts
|
Areas
|
|
Places
|
|
1
|
2
|
|
3
|
|
Osmanabad
|
The district of Osmanabad as constituted under
the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of
1966)
|
|
Osmanabad
|
|
Latur
|
The district of Latur as constituted under the
Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966).
|
|
Latur
|
|
Beed
|
The district of Beed as constituted under the
Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966).
|
|
Beed
|
|
Solapur
|
The district of Solapur as constituted under
the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of
1966).
|
|
Solapur
|
G. N., L. & J. D., No. CRC.2984/823/(129) /(i)-XI, dated 19th November, 1985 (M.G., Part 4-A page 1034) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 2nd day of October, 1985,-
(a) there shall be a Court at Sawantwadi in the revenue district of Sindhudurga and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the area comprising the revenue district of Sindhudurga; and
(c) all the powers of the District Judge, Ratnagiri shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Sawantwadi, or, withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
Amended by G. N., L. & J. D. No. CRC. 2584/1595/(285) (i)-XVI, dated 20th March, 1989 (M. G. Part 4-A, page 295)
G. N., L. & J. D., No. CRC. 2584/1595/(285) (i)-XVI, dated 11th October, 1988 (M.G., Part 4-A page 1295) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 29th day of October, 1988-
(a) there shall be a Court at Malegaon in the revenue district of Nashik and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue talukas of Malegaon, [\* \* \*]
[Deleted by G.N. of 20th March, 1989.]
Satana and Nandagaon in Nashik District;
(c) all the powers of the District Judge, Nashik shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Malegaon or withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
Amended by G. N., L. & J. D., No. CRC-1186/475(74((i) - XVI, dated 14th December, 1989 (M. G., Part 4-A, 1990, page 37)
G. N., L. & J. D., No. CRC. 1186/475/(74) (i)-XVI, dated 24th 3anuary, 1989 (M.G., Part 4-A page 110) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 18th day of February 1989:-
(a) there shall be a Court at Washim in the revenue district of Akola and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue tahsils of [Washim, Malegaon, Risod, Mangrulpir and Manora]
[Substituted by G.N. of 14th December, 1989.]
in Akola District;
(c) all the powers of the District Judge, Akola shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Washim or withdraw unto himself or assign to another Court of competent jurisdiction, such matter as he thinks fit.
G. N., L. & J. D., No. CRC.1385/213(61) -(i)-XVI, dated 1st February, 1989 (M.G., Part 4-A page 212) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 1st day of February, 1989,-
(a) there shall be a Court at Hingoli in the revenue district of Parbhani and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue talukas of Hingoli and Kalamnuri in Parbhani District;
(c) all the powers of the District Judge, Parbhani shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Hingoli or withdraw unto himself or assign to another Court of competent jurisdiction, such matter as he thinks fit.
G. N., L. & J. D., No. CRC-2083/2331(340) -(i)-XVI, dated 15th February, 1989 (M.G., Part 4-A page 252) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby cancels Government Notification, Law and Judiciary Department, No. CRC. 2083/2331 (340)(i)-XVI, dated the 3rd February, 1989.
G.N., L. & J. D., No. CRC.2083/2331(340) -(i)-XVI, dated 4th March, 1989 (M.G., Part 4-A page 288) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 14th day of March, 1989,-
(a) there shall be a Court at Amalner in the revenue district of Jalgaon and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue talukas of Amalner, Parola and Chopda in Jalgaon District;
(c) all the powers of the District Judge, Jalgaon, shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Amalner or withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
G. N., L. & J. D., No. CRC. 1786/408(77) -(i)-XVI, dated 6th 3uly, 1989 (M.G., Part 4-A page 1117) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 17th day of July, 1989,-
(a) there shall be a Court at Gadchiroli for the revenue district of Gadchiroli in the Judicial District of Chandrapur and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue district of Gadchiroli;
(c) all the powers of the District Judge, Chandrapur, shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Gadchiroli or withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
G. N., L. & J. D., No. CRC. 1585/1805(603) -(i)-XVI, dated 31st 3uly, 1989 (M.G., Part 4-A page 1220) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 12th day of August, 1989,-
(a) there shall be a Court at Ambejogai for the revenue district of Beed in the Judicial District of Beed and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue talukas of Ambejogai and Kaij in Beed District;
(c) all the powers of the District Judge, Beed, shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Ambejogai or withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
G. N., L. & J. D., No. 3288/1145(131) -(i)-XVI, dated 31st August, 1989 (M.G., Part 4-A page 1427) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (Bombay XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 1st day of October, 1989,-
(a) there shall be Court at Pandharpur in the revenue district of Solapur in the Judicial District of Solapur and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue talukas of Pandharpur, Sangola, Mangalvedha and Malshiras in Solapur District;
(c) all the powers of the District Judge, Solapur, shall vest in the said Additional District Judge, except those vested in the District Judge under section 9 of the said Act and his power to assign to the Additional District Judge, Pandharpur or withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
G. N., L. & J. D., No. CRC. 3589/1446(251) -(i)-XVI dated 21st February, 1990 (M.G., Part 4-A page 213) - In exercise of the powers conferred by section 19 of the Bombay Civil Courts Act, 1869 (XIV of 1869), the Government of Maharashtra, hereby directs that with effect from the 26th day of February, 1990,-
(a) there shall be a Court at Pusad for the revenue district of Yavatmal in the Judicial District of Yavatmal and the said Court shall be presided over by an Additional District Judge;
(b) the local limits of the ordinary jurisdiction shall be co-extensive with and cover the areas comprising the revenue talukas of Pusad, Mahagaon, Umarkhed and Digras in Yavatmal District;
(c) all the powers of the District Judge, Yavatmal, shall vest in the said Additional District Judge, except those vested in the District Judge, under section 9 of the said Act and his power to assign to the Additional District Judge, Pusad or withdraw unto himself or assign to another Court of competent jurisdiction, such matters as he thinks fit.
|
65b9c4efab84c7eca86e9ec8 | acts |
State of Madhya Pradesh - Act
-------------------------------
M.P. Jaiv Anaashya Apashishta (Niyantran) Sanshodhan Adhyadhesh, 2017
-----------------------------------------------------------------------
MADHYA PRADESH
India
M.P. Jaiv Anaashya Apashishta (Niyantran) Sanshodhan Adhyadhesh, 2017
=======================================================================
Act 26 of 2017
----------------
* Published on 22 August 2017
* Commenced on 22 August 2017
M.P. Jaiv Anaashya Apashishta (Niyantran) Sanshodhan Adhyadhesh, 2017
(M.P. Act
No. 26 of 2017
)
[Received the assent of the Governor on the 22nd August, 2017; assent first published in the "Madhya Pradesh Gazette (Extraordinary) ", dated the 26.8.2017].
An Act to amend the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Adhiniyam, 2004.
Be it enacted by the Madhya Pradesh Legislature in the Sixth-eighth year of the Republic of India as follow:-
### 1. Shot title.
- This Act may be called the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Adhiniyam, 2017.
### 2. Amendment of section 2.
- In Section 2 of the Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Adhiniyam, 2004 (No. 20 of 2004) hereinafter referred to as the principal Act), after clause (i), the following clause shall be inserted, namely:-
"(ia) "plastic carry bags" means bags made from any plastic material used for the purpose of carrying or dispensing commodities, but do not include bags that constitute or from an intergral part of the packaging in which goods are sealed prior to use:
Provided that the bag which is used for packaging shall be treated as plastic carry bag, if it is re-cycled.
### 3. Substitution of section 3.
- For Section 3 of the principal Act, the following Section shall be substituted, namely:-
"3. Prohibition on usage of plastic carry bags. - The State Government may, if it consider necessary so to do in the public interest, notify the thickness of plastic carry bags or containers, for the production, storage, transportation, sale and use thereof, or by a notification, completely ban the production, storage, transportation, sale and use of plastic carry bags in the entire State or any part of the State.
### 4. Repeal and savings.
(1) The Madhya Pradesh Jaiv Anaashya Apashishta (Niyantran) Sanshodhan Adhyadesh, 2017 (No. 1 of 2017) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action taken under the said Ordinances shall be deemed or deemed to have been done or taken under the corresponding provisions of this Act.
|
65b941deab84c7eca86e8be1 | acts |
State of Uttarakhand - Act
----------------------------
Uttarakhand Compulsory Registration of Marriage Act, 2010
-----------------------------------------------------------
UTTARAKHAND
India
Uttarakhand Compulsory Registration of Marriage Act, 2010
===========================================================
Act 19 of 2010
----------------
* Published on 1 January 2010
* Commenced on 1 January 2010
Uttarakhand Compulsory Registration of Marriage Act, 2010
(Uttarakhand Act
No. 19 of 2010
)
Last Updated 4th March, 2020
An Act to provide for the compulsory registration of all marriages solemnized in the State of Uttarakhand so as to prevent child marriages, check bigamy or polygamy, help women to exercise their rights of maintenance from husband and custody of children, enable widows to claim inheritance and to serve as deterrent to husband deserting their wives and for matters connected therewith or incidental thereto.
Be it enacted by the State Legislature in the Sixty-first year of the Republic of India as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Uttarakhand Compulsory Registration of Marriage Rules, 2010.
(2) It shall come into force on such date as the State Government may, by notification in the Uttarakhand Gazette, appoint.
(3) It extend to the whole of the State of Uttarakhand.
### 2. Definition.
- In these Act, unless the context otherwise requires -
(a) "State Government" means the Government of Uttarakhand;
(b) "Registrar General" means the Inspector-General of Registration appointed under Section 3 of the Registration Act, 1908 (Act No. 16 of 1908);
(c) "District Registrar" means the Registrar of the District appointed under Section 6 of the Registration Act, 1908 (Act No. 16 of 1908) and includes the officer performing the duties of a Registrar under Sections 10 and 11 of that Act;
(d) "local Registrar" means a Local Registrar of marriages appointed by the State Government under this Act"
(e) "Marriage" includes all the marriages contracted by person belonging to any caste, tribe or religion, and the marriages contracted as per any custom, practices or traditions,and also includes re-marriages;
(f) "To contract a marriage" means to solemnize or enter into a marriage in any form or manner,in accordance with any custom,practices or traditions in force;
(g) "Memorandum" means a memorandum of marriage referred to in section 5 or 6
(h) "Priest" means any person who get the marriage performed in accordance with the custom of the community concerned;
(i) "Register" means a register of marriages maintained under this Act;
(j) "Prescribed" means prescribed by rules made under this Act.
### 3. Compulsory registration of marriage.
(1) Notwithstanding anything contained in any other law for the time being in force or in any custom or usage to the contrary, all the marriage solemnized in the State after the commencement of this Act shall be registered within ninety days of solemnization of marriage in such manner as may be prescribed.
(2) Each husband shall be responsible to get the marriage registered :
Provided that where such husband is under the age of 18 year or is an idiot, or a lunatic or is from sickness or infirm or is serving in any of the Armed Forces and is unable to obtain leave to register his marriage, wife shall be responsible to get the marriage registered :
Provided Further that where the wife who is under the age of 18 years or is an idiot, or a lunatic or is sick or infirm or is serving in any of the Armed Forces and is unable to obtained leave to register his marriage,wife shall be responsible to get the marriage registered.
### 4. Appointment of Local Registrar.
(1) The State Government shall, by notification, appoint such persons as it considers necessary to be the Local Registrar for such local area, as may be specified in such notification.
(2) The District Registrar or Local Registrar shall maintain in the prescribed manner a register of marriage and such other registers as may be prescribed.
### 5. Memorandum and Registration of Marriage.
(1) The parties to a marriage shall, prepare and sign memorandum in the form specified in Schedule "A" and deliver or send by registered post the said memorandum in duplicate to the Registrar of the area in which the marriage was contracted, within a period of ninety days from the date of marriage.
(2) The memorandum shall be accompanied by the prescribed fee and shall be attested by a prescribed person.
(3) On receipt of the memorandum, the Registrar shall file the same, enter the particulars thereof in the register within seven days and send the duplicate copy thereof to the District Registrar and issue a marriage certificate in such form and manner as may be prescribed.
### 6. Notice to Parties for Non Registration of marriage.
(1) The Registrar may suo moto or otherwise issue notice to the parties to a marriage which has not been registered under this Act, to appear before him and get the memorandum of marriage signed and delivered with the prescribed fee in such manner and within such time as may be specified in the notice.
(2) On receipt of a memorandum under sub-section (1) the Registrar shall file the same, enter the particulars thereof in the register, send the duplicate copy thereof to the District Registrar and issue the marriage certificate as provided in section 5.
(3) Nothing contained in sub-section (1) shall affect the liability of any person under the provisions of section 13.
(4) Where any party to the marriage or parties to the marriage are minor the Registrar shall inform, to the local Police that the marriage is solemnized in contravention of Child Marriage Restraint Act,1929.
### 7. Register to be open for public inspection.
- The register maintained under this Act, shall at all reasonable times, be open to inspection, on working hours by any person and certified extracts there form, shall be on application, be issued by the Registrar or Local Registrar on the payment of prescribed feel The entries in the memorandum or the registrar or the certified extract thereof or the marriage certificate issued under section 5 or section 6 shall be admissible in evidence and be proof of the statement contained therein.
### 8. Non Registration not to in invalidate the marriage.
- No marriage contracted in the State shall be deemed to be invalid solely by reason of the fact that it was not registered under this Act or that the memorandum was not delivered or sent or the Registrar or that such memorandum was defective, irregular or incorrect.
### 9. Registrar to keep registers in prescribed form.
(1) Every Registrar shall keep in the prescribed form a Register of marriage Registration made in the area under his jurisdiction.
(2) The Registrar-General shall from time to time cause to be printed and supplied to the Registrars sufficient number of Registrar in the prescribed form.
### 10. Search of register.
- Subject to any rules made in this behalf by the State Government, including the rules relating to payment of fees, any person may-
(a) Cause a search to be made for any entry in the Register of Marriage Registration, and
(b) Obtain an extract from such register.
### 11. Admissibility of certificate abstract and evidentiary value.
(1) All extract (s) obtained under sub-section (1) shall be sighed by the registrar concerned, and shall be admissible in evidence in any court of law for the purpose of establishing the factum of marriage to which the entry, relates.
(2) Certificate of marriage issued under the Act, or any abstract (s) of the register kept under this Act issued by the Registrar or Local Registrar shall be presumed correct unless the contrary is proved.
### 12. Penalty for neglect or false statement.
- Any person who-
(a) omits or neglects to deliver or send the memorandum as required by section 5 or 6
(b) makes any statement in the memorandum which is false in any material particular, and which he knows or has reason to believe to be false, shall, on conviction, be punished with fine which may extend to one thousand rupees.
(c) Shall, also not be entitled to any benefits under the various schemes of the central or the State Government or their undertakings.
### 13. Punishment for non-memorandum.
- The Registrar who will fully fails to file the memorandum pursuant to section 5 or 6 shall on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand rupees or with both.
### 14. Punishment for concealment of fact.
- Any person secreting destroying or dishonestly or fraudulently altering the register of marriage or any part there of ,shall,on conviction, be punished with extend to ten thousand rupees or with both.
### 15. Cognizence of offences.
(1) No court shall take cognizance except ,the complaint under sub-clause (b) of section 12 made by the aggrieved husband or the wife :
Provided that where such person is under the age of 18 year,or is an idiot or a lunatic, or is sick or infirm, unable to make a complaint,or is a woman who, according to the local customs and manners, ought not be compelled to appear in public, mother or father or guardian with the leaves of the court make a complaint on his or her behalf.
(2) No court shall take cognizance except, the complaint made by District Registrar of the concern of District under sub-clauses (a) of section 12, 13 and 14.
### 16. Compounding of offence.
(1) Offence under sub-section (b) to section 12 shall be compoundable
(2) Offence punishable under clause (a) of section 12 may be compounded by the District Registrar on his being satisfied,that the marriage has been registered.
(3) On inquiry or showing sufficient cause by the accused, District Registrar may withdraw the complaint under section 13, on being satisfied that the accused has discharged his duties according to Section 5 and 6.
### 17. Protection for action taken in good faith.
- No suit or prosecution or other legal proceeding shall be instituted against any person for anything, done in good faith.
### 18. Savings.
- Any marriage registered under, the Uttar Pradesh Hindu Marriage (Registration) Rules, 1973 (as applicable to the State of Uttarakhand) or under the special marriage Act, 1954 shall be deemed registered under this Act.
### 19. Power to make rules.
(1) The State Government may, by notification in the Official Gazette and subject to the previous publication in particular and without prejudice to the generality of the foregoing powers, for carrying out the purpose of this Act, provide for all or any of the following matters, namely:-
(a) The powers and duties of the Local Registrar, District Registrar and Registrar General.
(b) The form and manner, in which the memorandum shall be filled.
(c) The form and manner , in which register of marriage and records required to be maintained and the form of certificate of registration of marriage to be issued under section 5 and 6.
(d) The custody, in which the register and records are to be kept and the preservation of such registers and records.
(e) The Fee to be paid under the relevant provisions of this Act.
(f) Creating awareness for registration of marriages.
(g) Any other matter which may be or require to be prescribed
(2) All rules made this section shall be laid before the State Legislative Assembly as soon as possible after they are made and shall be effective subject to approval or modifications by the State Legislative Assembly.
### 20. Application of other laws not barred.
- Save as otherwise provided, the provisions of this Act shall be in additions to and not in derogation of any other law for the time being in force.
### 21. Power to remove difficulty.
(1) If any difficulty arises in giving effect to the provisions of this Act, Governor may, by order, give such directions, not inconsistent with the provisions of this Act, as appear to be necessary or expedient for the purpose of removing the difficulty :
Provided that no order under sub-section (1) shall be made after the expiry of two years from the date on which this Act comes into force .
(2) Every order made under this section shall be put before the State Legislative Assembly.
"A"
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Memorandum of Marriage
(Section 5 and 6)
of
The Uttarakhand Compulsory Registration of Marriage Act, 2010
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bridegroom's self attested photo
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bride's self
attested photo
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To,
The Registrar,
Compulsory Registration of Marriage,
................. District
Uttarakhand.
Sir,
A marriage in accordance with the provisions applicable to us (as per Religion, ............................... Custom or Practice applicable to the parties be mentioned) has been solemnized between us, the undersigned parties, on ..................... and we request that the following particulars of our marriage be registered in the Uttarakhand Compulsory Registration of Marriage Register :-
Particulars of Marriage
### 1. Date of marriage ......................................................................................... ###
2. Place of marriage (with sufficient particulars to locate the place) ............................... ..............................................................................................................
### 3. Particulars of the bridegroom : (a) Full name and occupation ........................................................................
(b) Domicile (only the particulars to be filled up) ................................................
(c) Age ................................................
(d) Usual place of residence ..........................................................................
(e) Permanent address .................................................................................
(f) Address at the time of application ...............................................................
(g) Status at the time of marriage ....................................................................
Whether- Unmarried ..................................................
Widower ...................................................
Divorced ...................................................
Dated ..........
Signature of the Bridegroom ............................
### 4. Particulars of the bride : (a) Full name ..........................................................................................
(b) Domicile (only the particulars to be filled up) ................................................
(c) Age ................................................
(d) Usual place of residence ........................................................................
(e) Permanent address .................................................................................
(f) Address at the time of application ...............................................................
(g) Status at the time of marriage ....................................................................
Whether- Unmarried ..................................................
Widower ....................................................
Divorced ...................................................
Dated ..........
Signature of the Bridegroom ............................
### 5. Full particulars of bridegroom's father : (a) Full name ............................................................................................
(b) Age ...................................................................................................
(c) Occupation ..........................................................................................
(d) Usual place of residence ..........................................................................
(e) Address at the time of application ...............................................................
(f) Whether alive or dead .............................................................................
Dated ..........
Signature of the father of the bridegroom
### 6. Particulars of the bride's father or other guardian : (a) Full name ............................................................................................
(b) Age ...................................................................................................
(c) Occupation ..........................................................................................
(d) Usual place of residence ..........................................................................
(e) Address at the time of application ...............................................................
(f) Relationship of guardian with bride ............................................................
Dated ..........
Signature of the father of the bridegroom
Note. - Signature of the bridegroom's father is not obligatory.
N.B. Signature of the bride's father or guardian is not obligatory where the bride's age is not less than 18, on the date of application but signature of her father or guardian is necessary where on the date of application she is below 18 and the marriage was performed in accordance with the law in force on the date of marriage.)
### 7. Particulars of the priest: (a) Full name ............................................................................................
(b) Age ...................................................................................................
(c) Usual place of residence ..........................................................................
(d) Address ..............................................................................................
Note. - It shall not be obligatory to enter particulars of the priest, if the marriage took place more than a year before the date of the application. His signature is not obligatory.
Dated ..........
Signature of the priest..................
Declaration
I, solemnly declare that the particulars given in this application, so for as they relate to myself and to the solemnization of marriage are true to the best of my knowledge and the rest are based on information received and believed to be true.
### 8. Signature of Bridegroom ................... Dated ..............................
Signature of Bride .....................
Dated ....................................
### 9. 1. Witness : (a) Full name .....................................................................................
(b) Address ..........................................................................................
### 2. Witness : (a) Full name .....................................................................................
(b) Address ..........................................................................................
Signature ........................................
Dated .............................................
Certificate by ................................... (Designation) ......................................
(The identification of the bridegroom and the bride and other particulars of this application by the Member of Parliament/Member of the State Legislature/Gazetted Officer/Pradhan/ Sarpanch/Pramukh/President of a local body/Counsel/Vice-Counsel, as are appended with the application.)
Note. - Certificate may be by more than one such person where one cannot certify the identify of both the parties or all other particulars.
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65b8fa87ab84c7eca86e819d | acts |
State of Karnataka - Act
--------------------------
The Karnataka Control Of Organized Crimes Acts, 2000.
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KARNATAKA
India
The Karnataka Control Of Organized Crimes Acts, 2000.
=======================================================
Act 1 of 2002
---------------
* Published in Gazette 1 on 20 January 2017
* Assented to on 20 January 2017
* Commenced on 20 January 2017
The Karnataka Control Of Organized Crimes Acts, 2000.
KARNATAKA ACT 1 OF 2002
An Act to make special provisions for prevention and control of, and for coping with, criminal activity by organized crime syndicate or gang, and for matters connected therewith or incidental thereto;
Whereas it is expedient to make special provisions for prevention and control of, and coping with, criminal activity by organized crime syndicate or gang and for matters connected therewith or incidental thereto;
Be it enacted by the Karnataka State Legislature in the fifty first year of the Republic of India as follows: -
### 1. Short title, extent and commencement.–
(1) This Act may be called the Karnataka Control of Organized Crimes Act, 2000.
(2) It extends to the whole of the State of Karnataka.
(3) It shall come into force at once.
### 2. Definitions.–
(1) In this Act, unless the context otherwise requires, -
(a) “Abet”, with its grammatical variations and cognate expressions, includes, -
(i) communication or association with any person with the knowledge or having reason to believe that such person is engaged in assisting in any manner, an organized crime syndicate;
(ii) Passing on or publication of, without any lawful authority, any information likely to assist an organized crime syndicate and the passing on or publication of or distribution of any document or matter obtained from an organized crime syndicate; and
(iii) Rendering of any assistance, whether financial or otherwise, to an organized crime syndicate;
(b) “Code” means the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
(c) “Competent Authority” means the Competent Authority appointed under section 13;
(d) “Continuing unlawful activity” means an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years or more, undertaken either singly or jointly, as a member of an organized crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheet have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence;
(e) “Organized crime” means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, with the objective of gaining pecuniary benefits, or gaining undue economic or other advantage for himself or any other person or promoting insurgency;
(f) “Organized crime syndicate”, means a group of two or more persons who acting either singly or collectively, as a syndicate or gang, indulge in activities of organized crime;
(g) “Review Committee” means a Review Committee constituted under section 16;
(h) “Special court” means the Special Court constituted under section 5.
(2) Words and expressions used but not defined in the Act and defined in the Code shall have the meanings respectively assigned to them in the Code.
### 3. Punishment for organized crime –
(1) whoever commits an organized crime shall, -
(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to a fine, which shall not be less than one lakh rupees.
(ii) In any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine, which shall not be less than five lakh rupees.
(2) Whoever conspires or attempts to commit or advocates, abets or knowingly facilitates the commission of an organized crime or any act preparatory to organized crime, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a fine, which shall not be less than five lakh rupees.
(3) Whoever harbors or conceals or attempts to harbor or conceal, any member of an organized crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to a fine, which shall not be less than five lakh rupees.
(4) Any person who is a member of an organized crime syndicate shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to a fine which shall not be less than five lakh rupees.
(5) Whoever holds any property derived or obtained from commission of an organized crime or which has been acquired through the organized crime syndicate funds shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to a fine, which shall not be less than two lakh rupees.
### 4. Punishment for possessing unaccountable wealth on behalf of a member of organized crime syndicate.–
If any person on behalf of a member of an organized crime syndicate is, or, at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for a term of ten years and shall also be liable to a fine, which shall not be less than one lakh rupees and such property shall also be liable for attachment and forfeiture, as provided by section 21.
### 5. Special Courts.–
(1) The State Government may, by notification, constitute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification.
(2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the State Government, whose decision thereon shall be final.
(3) A Special court shall be presided over by a judge to be appointed by the State Government, with the concurrence of the Chief Justice of the High Court of Karnataka. The State Government may also appoint with the concurrence of the Chief Justice of the High Court of Karnataka additional judges to exercise jurisdiction in a Special court.
(4) A person shall not be qualified for appointment as a judge or an additional judge of a Special Court, unless he immediately before such appointment is a session’s judge or an additional sessions judge.
(5) Where any additional judge is or additional judges are appointed in a Special Court, the judge of the Special court may, from time to time, by general or special order in writing, provide for the distribution of the business of the Special court among himself and the additional judge or additional judges and also for the disposal of urgent business in the event of his absence or the absence of any additional judge.
### 6. Jurisdiction of Special Court.–
Notwithstanding anything contained in the Code, every offence punishable under this Act shall be triable only by the Special court within whose local jurisdiction it was committed, or as the case may be, by the Special court constituted for trying such offence under sub-section (1) of Section 5.
### 7. Power of Special Courts with respect to other offences.–
(1) When trying any offence punishable under this Act, a Special court may also try any other offence with which the accused may, under the Code, be charged at the same trial, if the offence is connected with such other offence.
(2) If, in the course of any trial of any offence under this Act, it is found that the accused persons have committed any other offence under this Act or under any other law, the Special Court may convict such person of such other offence and may pass any sentence authorized by the Act, or as the case may be, such other law, for the punishment thereof.
### 8. Public Prosecutor.-
(1) For every Special court, the State Government shall appoint a person to be the Public Prosecutor and may appoint one or more persons to be the Additional Public Prosecutor or Additional Public Prosecutors:
Provided that the State Government may also appoint for any case or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor, an Additional Public Prosecutor or a Special Public Prosecutor unless he has been in practice as an Advocate for not less than ten years.
(3) Every person appointed as a Public Prosecutor or Additional Public Prosecutor or Special Public Prosecutor under this section shall be deemed to be a Public Prosecutor within the meaning of clause (u) of section 2 of the Code, and the provisions of the Code shall have effect accordingly.
### 9. Procedure and powers of Special Court.–
(1) A Special Court may take cognizance of any offence without the accused being committed to it for trial, upon receiving a complaint of facts, which constitute such offence, or upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with imprisonment for a term not exceeding three years or with fine or with both, the Special court may notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure specified in the Code and the provisions of sections 263 to 265 of the Code shall, as far as may be, apply to such trial:
Provided that, where in the course of a summary trial under this sub-section, it appears to the Special court that the nature of the case is such that it is undesirable to try in a summary way, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation, to a Special Court as they apply to and in relation, to a Magistrate:
Provided further that, in case of any conviction in summary trial under this section, it shall be lawful for a Special court to pass a sentence of imprisonment for a term not exceeding two years.
(3) A Special court may, with a view to obtaining the evidence of any person, supposed to have been directly concerned in or privy to an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relative 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, be deemed to have been tendered under section 307 thereof.
(4) Subject to other provisions of the Act, a Special court shall, for the purpose of trial of any offence, have all the powers of a court of Session and shall try such offence as if it were a Court of Session, so far as may be, in accordance with the procedure specified in the Code for the trial before a Court of Session.
### 10. Trial by Special courts to have precedence.–
The trial of any offence under this Act by special court shall have precedence over the trial of any other case against the accused in any other court (not being a special court) and shall be concluded in preference to the trial of such other case and accordingly the trial of such other case shall remain in abeyance.
### 11. Power to transfer cases to regular Courts.–
Where after taking cognizance of an offence, a Special court is of the opinion that the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence to any court having jurisdiction under the Code and Court to which the case is transferred may proceed with the trial of the offence as if it had taken cognizance of the offence.
### 12. Appeal.–
(1) Notwithstanding anything contained in the code, an appeal shall lie from any judgement, sentence or order, not being an interlocutory order, of a Special court to the High Court.
(2) Every appeal under this section shall be preferred within thirty days from the date of the judgment, sentence or order.
### 13. Appointment of Competent Authority.–
The State Government may appoint any of its officers, in Home Department, not below the rank of a Secretary to Government, to be the Competent Authority for the purposes of section 14.
### 14. Authorization of interception of wire, electronic or oral communication.–
(1) A police officer not below the rank of a Superintendent of Police supervising the investigation of an organized crime under this Act may submit an application in writing to the competent authority for an order authorizing or approving the interception of wire, electronic or oral communication by the investigating officer when such interception may provide or has provided evidence of any offence involving an organized crime.
(2) Each application shall include the following information:
(a) The identity of the investigating or law enforcement officer making the application and the head of the department authorizing the application;
(b) A statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued including-
(i) Details as to the offence of organized crime that has been, is being or is about to be committed;
(ii) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
(iii) A particular description of the type of communications sought to be intercepted; and
(iv) The identity of the person, if known, committing the offence of organized crime and whose communications is to be intercepted;
(c) A statement as to whether or not other modes of enquiry or intelligence gathering have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;
(d) A statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorization for interception should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;
(e) A statement of the facts concerning all previous applications (known to the individual making the application) made to the Competent authority for authorization to intercept or for approval of interceptions of, wire, electronic or oral communications involving any of the same persons, facilities or places specified in the application and the action taken by the Competent Authority on each such application; and
(f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional oral or documentary evidence in support of the application.
(4) Upon such application, the competent Authority may after recording the reasons in writing reject the application, or issue an order, as requested or as modified, authorizing or approving interception of wire, electronic or oral communications, if the Competent authority determines on the basis of the facts submitted by the applicant that-
(a) There is a probable cause for belief that an individual is committing, has committed or is about to commit a particular offence described and made punishable under sections 3 and 4;
(b) There is a probable cause for belief that particular communications concerning that offence will be obtained through such interception;
(c) Normal modes of enquiry and intelligence gathering have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous or is likely to expose the identity of those connected with the operation of interception;
(d) There is probable cause for belief that the facilities from which, or the place where the wire, electronic or oral communications are to be intercepted or be used or are about to be used, in connection with the commission of such offence, are leased to, or are listed in the name of or commonly used by such person.
(5) Each order by the Competent authority authorizing or approving the interception of any wire, electronic or oral communication under this section shall specify:-
(a) The identity of the person, if known, whose communications are to be intercepted;
(b) The nature and location of the communication facilities as to which, or the place where, authority to intercept is granted;
(c) A particular description of the type of communication sought to be intercepted, and a statement of the particular offence to which it relates;
(d) The identity of the agency authorized to intercept the communication, and of the person authorizing the applications; and
(e) The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
(6) The competent authority shall immediately after passing the order under sub-section (4) but in any case not later than seven days from the passing of the order submit a copy of the same to the Review Committee constituted under section 16 along with all the relevant underlying papers, record and his own findings, etc., in respect of the said order, for consideration and approval of the order by the Review Committee.
(7) An order authorizing the interception of a wire, electronic or oral communication under this section shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish to the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that such service provider, landlord, custodian or person is providing to the person whose communications are to be intercepted.
(8) No order issued under this section may authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of the authorization, or in any event for a longer than sixty days.
Such period of sixty days shall begin on the day immediately preceding the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is issued, whichever is earlier. Extension of an order may be granted, but only upon an application for an extension is made in accordance with sub-section (1) and the Competent Authority recording the reasons required by sub-section (4). The period of extension shall not be longer than the Competent Authority deems necessary to achieve the purposes for which it was granted and in no event for longer than sixty days at a time. Every order and extension thereof shall contain a provision that the authorization to intercept shall be executed as far as practicable and shall be conducted in such a manner as to minimize the interception of communications not otherwise subject to interception under this section and must terminate upon attainment of the authorized objective or in any event on expiry of the period of order. In the event the intercepted communication is in a code or foreign language, and an expert in that foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after such interception. An interception under this section may be conducted in whole or in part by a Government servant, or by an individual operating under a contract with the State Government, acting under the supervision of the investigating or law enforcement officer authorized to conduct the interception.
(9) Whenever an order authorizing interception is issued pursuant to this section, the order may require reports to be made to the Competent Authority who issued the order showing that progress has been made towards achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the Competent Authority may require.
(10) Notwithstanding anything contained in any other provision of this section an Officer not below the rank of an Additional Director General of Police who reasonably determines that, -
(a) An emergency situation exists that involves, -
(i) Immediate danger of death or serious physical injury to any person;
(ii) Conspiratorial activities threatening the security or interest of the State; or
(iii) Conspiratorial activities, characteristic of organized crime, that requires a wire, electronic or oral communication to be intercepted before an order from the Competent Authority authorizing such interception can, with due diligence, be obtained, and
(b) There are grounds upon which an order could be issued under this section to authorize such interception;
May authorize, in writing the investigating Officer to intercept such wire, electronic or oral communication, if an application for an order approving the interception is made in accordance with the provisions of sub-sections (1) and (2) within forty-eight hours after the interception has occurred, or begins to occur.
(11) In the absence of an order approving the interception made under sub-section (10), such interception shall immediately terminate when the communication sought is obtained or when the application for the order is rejected, whichever is earlier. In the event of an application under sub-section (4) for permitting to intercept or an application under sub-section (10) for approval is rejected or in any other case where the interception terminated without an order having been issued, the contents of any wire, electronic or oral communication intercepted shall be treated as having been obtained in violation of this section.
(12) (a)
The contents of any wire, electronic or oral communication intercepted by any means authorized by this section shall, if possible be recorded on tape or wire or other comparable devise. Recording of the contents of any wire, electronic or oral communication under this sub-section shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of order, or extension thereof, such recordings shall be made available to the Competent Authority issuing such order and shall be sealed under his directions. Custody of the recording shall be whenever the Competent Authority orders. They shall not be destroyed except upon an order of the Competent Authority and in any event shall be kept for ten years.
(b) Applications made and orders issued under this section shall be sealed by the Competent Authority. Custody of the applications and orders shall be wherever the Competent Authority directs, and shall not be destroyed except on an order of the Competent Authority and in any event shall be kept for ten years. The Competent Authority upon the filing of a motion, may in its discretion make available to such person or his counsel for inspection such portions of the intercepted communications, applications and orders as the Competent Authority determines to be in the interest of justice.
(13) Notwithstanding anything in the Code or in any other law for the time being in force, the evidence collected through the interception of wire, electronic or oral communication under this section shall be admissible in evidence against the accused before the Special Court during the trial of a case:
Provided that the contents of any wire, electronic or oral communication intercepted pursuant to this section or evidence derived there from shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court unless each party, as been not less than ten days before trial, hearing or proceeding furnished with a copy or the order of the Competent Authority and accompanying application, under which the interception was authorized or approved:
Provided further that the said ten days period may be waived by the judge trying the matter, if he finds that it was not possible to furnish the party with the above information ten days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information.
Explanation. - For the purpose of this section,-
(a) ‘Wire communication’ means any aural transfer made in whole or part through the use of facilities for the transmission of communication by the aid of wire, cable or other like connection, between the point of origin and the point of reception including the use of such connection in switching station and such term includes any electronic storage of such communication.
(b) ‘Oral communication’ means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation but such term does not include any electronic communication.
(c) ‘Electronic communication’ means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include, -
(i) The radio portion of a cordless telephone communication that is transmitted between the wireless telephone handset and the base unit;
(ii) Any wire or oral communication;
(iii) Any communication made through a tone only paging device; or
(iv) Any communication from a tracking device;
(d) ‘Intercept’ means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device.
### 15. Special provisions regarding Cellular Phones.–
(1) A police officer not below the rank of a Superintendent of Police supervising the investigation of an organized crime under this Act may submit an application in writing to the Competent Authority for an order directing a cellular phone operator to de-activate any mobile phone and delink the calls from or to any mobile phone reasonably suspected of being used for any criminal act or conspiracy. Such competent authority may also direct the cellular phone operators operating in its jurisdiction, by a general or specific order, to provide the details of simcard purchasers and the simcards provided by them to a particular person or persons during a particular period. It shall be mandatory for such cellular phone operator to provide the required information to the person specified in the above said direction immediately.
(2) Any person violating any directions given under the sub-section (1) shall be punishable with imprisonment for a term, which may extend to two years and with a fine, which may extend to rupees five lakhs.
### 16. Constitution of Review Committee for review of authorization orders.–
(1) There shall be a Review Committee to review every order passed by the Competent Authority under section 14 or an order passed by the Officer referred to in sub-section (10) of that section.
(2) The Review Committee shall consist of the following ex-officio members, namely: -
(i) The Chief Secretary, Government of Karnataka... Chairman
(ii) The Principal Secretary, Home Department, Government of Karnataka... Member
(iii) The Secretary to Government Law Department, Government of Karnataka... Member
(3) Every order passed by the Competent Authority under section 14 or by the officer referred to in sub-section (10) of that section shall be placed before the Review Committee and be considered by the Review Committee within ten days after its receipt, to decide whether the order, authorizing or approving the application under sub-section
(4) of section 14 or for interception or disapproving the interception made under sub-section (10) of that section in emergency situation, passed by the Officer concerned was necessary, reasonable and justified.
(4) The review committee after examining the entire record and holding such enquiry, if any, deemed necessary may, by order in writing, either approve the order passed by the Competent Authority or by the officer under sub-section (10) of section 14 or may issue order disapproving the same. On issue of an order of disapproved by the review committee, the interception, if any, already commenced shall be forthwith discontinued. The intercepted communication, if any, in the form of tape, wire or other device shall, thereupon, not be admissible as evidence in any case and shall be directed to be destroyed.
### 17. Interception and disclosure of wire, electronic or oral communications prohibited.–
Except as otherwise specifically provided in section 14, any police officer who-
(a) Intentionally intercepts, endeavors to intercept or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;
(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavors to use any electronic, mechanical or other device to intercept any oral communication when-
(i) Such device is affixed to or otherwise transmits a signal through a wire, cable or other like connection used in wire communication; or
(ii) Such device transmits communications by ratio, or interferes with the transmission of such communications;
(c) Intentionally discloses or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this sub-section;
(d) Intentionally uses or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication in violation of this sub-section; or
(e) (i)
intentionally disclose or endeavor to disclose, to any other person the contents of any wire, electronic or oral communication, intercepted by means authorized by section 14;
(ii) Knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation under this Act;
(iii) Having obtained or recorded any information in connection with a criminal investigation; and
(iv) With intend to improperly obstruct, impede or interfere with a duly authorized criminal investigation; or
(v) Intentionally continues the interception of wire, electronic or oral communication after the specific order of disapproval by the Review Committee under sub-section (4) of section 16;
Shall for such violation be punished with imprisonment for a term, which may extend to one year and fine which may extend to rupees fifty thousand.
### 18. Special rules of evidence.-
(1) Notwithstanding anything to the contrary contained in the Code or the Evidence Act, 1872 for the purpose of trial and punishment for offences under this Act or connected offences the Court may take into consideration as having probative value, the fact that the accused was, -
(a) On any previous occasion bound under section 107 or section 110 of the Code.
(b) Detained under any law relating to preventive detention, or
(c) On any previous occasion was prosecuted in the Special court under this Act.
(2) Where it is proved that any person involved in an organized crime or any person on his behalf is or has at any time been in possession of movable or immovable property which he cannot satisfactorily account for, the Special Court shall unless contrary is proved presume that such property or pecuniary resources have been acquired or derived by his illegal activities.
(3) Where it is proved that the accused has kidnapped or abducted any person, the Special Count shall presume that it was for ransom.
### 19. Certain confessions made to police officer to be taken into consideration.-
Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 but subject to the provisions of this section, a confession made by a person before a police officer not below the rank of the Superintendent of Police and recorded by such police officer either in writing or on any mechanical devices like cassettes, tapes or sound tracks from which sounds or images can be reproduced shall be admissible in the trial of such person or co-accused, abettor or conspirator:
Provided that the co-accused, abettor or conspirator is charged and tried in the same case together with the accused.
(2) The confession shall be recorded in free atmosphere in the same language in which the person is examined and as narrated by him.
(3) The police officer shall before recording any confession under sub-section (1) explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him and such police officer shall not record any such confession unless upon questioning the person making it, he is satisfied that it is being made voluntarily. The concerned police officer shall, after recording such voluntary confession, certify in writing below the confession about his personal satisfaction of the voluntary character of such confession, putting the date and time of the same.
(4) Every confession recorded under sub-section (1) shall be sent forthwith to the Chief Metropolitan Magistrate or the Chief Judicial Magistrate having jurisdiction over the area in which such confession has been recorded and such Magistrate shall forward the recorded confession so received to the Special Court which may take cognizance of the offence.
(5) The person from whom a confession has been recorded under sub-section (1) shall also be produced before the Chief Metropolitan Magistrate or the Chief Judicial Magistrate to whom the confession is required to be sent under sub-section (3) along with the original statement of confession written or recorded on mechanical device without unreasonable delay.
(6) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate shall scrupulously record the statement if any made by the accused so produced, and get the signature. In case of any complaint of torture the accused shall be directed to be produced for medical examination before a Medical Officer not below the rank of an Assistant Civil surgeon.
### 20. Protection of witness, -
(1) Notwithstanding anything contained in the Code the proceedings under this Act may be held in camera, if the Special Court so desires.
(2) A Special Court may on an application made by a witness in any proceeding before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of any witness secret.
(3) In particular and without prejudice to the generality of the provisions of sub-section (2), the measures, which a Special Court may take under that sub-section, may include;
(a) The holding of the proceedings at a place to be decided by the Special Court;
(b) The avoiding of the mention of the names and address of the witness in its orders or Judgements or in any records of the case accessible to public;
(c) The issuing of any directions for securing the identity and addresses of the witnesses are not disclosed.
(d) That it is in the public interest to order that all or any of the proceedings pending before such a Court shall not be published in any manner.
(4) Any person who contravenes any direction issued under sub-section (3) shall be punishable with imprisonment for a term, which may extend to one year and with fine, which may extend to one thousand rupees.
### 21. Forfeiture and attachment of property.–
Where a person has been convicted of any offence punishable under this Act, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the accused and specified in the order, shall stand forfeited to the State Government, free from all encumbrances.
(a) If upon a report in writing made by an investigating police officer with the approval of the supervisory officer referred to in sub-section (1) of section 14, any Special Court has reason to believe that any person, who has committed an offence punishable under this Act has absconded or is concealing himself so that he may not be apprehended, such Court may, notwithstanding anything contained in section 82 of the Code, publish a written proclamation requiring him to appear at a specified place and at a specified time not less than fifteen days but not more than thirty days from the publication of such proclamation:
Provided that if the investigating officer concerned fails to arrest the accused, who has absconded or is concealing himself, within a period of three months from the date of registering the offence against such person, the officer shall, on the expiry of the said period make a report to the Special Court for issuing the proclamation.
(b) The Special court issuing a proclamation under clause (a) may, at any time, order the attachment of any property, movable or immovable or both, belonging to the proclaimed person, and thereupon the provisions of sections 83 to 85 of the Code shall apply to such attachment as if such attachment were made under that Code.
(c) If, within six months from the date of attachment, any person whose property is or has been, at the disposal of the State Government under sub-section (2) of section 85 of the Code, appears voluntarily or is apprehended and brought before the Special Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding apprehension and that he had not received such notice of the proclamation as to enable him to attend within the specified time therein, such property or if the same has been sold, the net proceeds of the same and the residue of the property, shall, after satisfying there from all costs incurred in consequence of the attachment, be delivered to him.
### 22. Modified application of certain provisions of the Code.–
(1) Notwithstanding anything contained in the Code or in any other law, every offence punishable under this Act, shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code and “Cognizable case” as defined in that clause shall be constructed accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modifications that, in sub-section (2), -
(a) The references to “fifteen days” and “Sixty days” wherever they occur, shall be constructed as references to “Thirty days” and “ninety days” respectively;
(b) After the proviso, the following proviso shall be inserted namely:-
“Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall extend the said period up to one hundred and eighty days on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days.”
(3) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under this Act.
(4) Notwithstanding anything contained in the code no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on own bond, unless-
(a) The Public Prosecutor has been given an opportunity to oppose the application of such release; and
(b) Where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(5) Notwithstanding anything contained in the Code, the accused shall not be granted bail if it is noticed by the Court that he was on bail in an offence under this Act or under any other Act on the date of the offence in question.
(6) The limitations on granting of bail specified in sub-section (4) are in addition to the limitations under the Code or any other law for the time being in force on the granting of bail.
(7) The police officer seeking the custody of any person for pre-indictment or pretrial interrogation from the judicial custody shall file a written statement explaining the reason for seeking such custody and also for the delay if any, seeking the police custody.
### 23. Presumption as to offences under section 3.–
(1) In a prosecution for an offence of organized crime punishable under section 3, if it is proved. -
(a) That unlawful arms and other material including documents or papers were recovered from possession of the accused and there is reason to believe that such unlawful arms and other material including documents or papers were used in the commission of such offence; or
(b) That the evidence of an expert, the finger prints of the accused were found at the site of the offence or on anything including unlawful arms and other material including documents or papers and vehicle used in connection with the commission of such offence, the Special Court shall presume, unless the contrary is proved, that the accused had committed such offence.
(2) In a prosecution for an offence of organized crime punishable under sub-section (2) of section 3, if it is proved that the accused provided any financial assistance to a person accused of, or reasonably suspected of, an offence of organized crime, the Special Court shall presume, unless the contrary is proved, that such person has committed the offence under the said sub-section (2).
### 24. Cognizance of and investigation into an offence.–
(1) Notwithstanding anything contained in the Code, -
(a) No information about the commission of an offence of organized crime under this Act shall be recorded by a police officer without the prior approval of the police officer not below the rank of the Deputy Inspector General of Police;
(b) No investigation of an offence under the provisions of this Act shall be carried out by a police officer below the rank of the Deputy Superintendent of Police.
(2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the police officer not below the rank of an Additional Director General of Police.
### 25. Punishment for public servants failing in the discharge of their duties.–
Whoever being a public servant renders any help or support in any manner in the commission of organized crime as defined in clause (c) of section 2, whether before or after the commission of any offence by a member of an organized crime syndicate or abstains from taking lawful measures under this Act or intentionally avoids to carry out the directions of any Court or of the superior police officers in this respect shall be punished with imprisonment of either description for a term which may extend to three years and also with fine.
### 26. Overriding effects.–
The provisions of the Act or any rule made there under or any order made under any such rule shall, have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force having the force of law.
### 27. Protection of action taken in good faith.–
No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made there under or any order issued under any such rule.
### 28. Annual Report of Interceptions.–
(1) The State Government shall cause an annual report to be prepared giving a full account of. -
(i) The number of applications for authorization of interceptions received by the Competent Authority from the Police Department in which prosecutions have been launched.
(ii) The number of such applications permitted or rejected;
(iii) The number of interceptions carried out in emergency situations and the number of ex-post-facto authorizations or approvals granted or rejected in such matters;
(iv) The number of prosecutions launched based on such interceptions and convictions resulting from such interceptions along with an explanatory memorandum giving general assessment of the utility and importance of the interceptions authorized.
(2) Such annual report shall be laid by the State Government before each House of the State Legislature within three months of the completion of every calendar year:
Provided that if the State Government is of the opinion that the inclusion of any matter in the annual report would be prejudicial to the security of the State or to the prevention or detection of any organized crime, the State Government may exclude such matter from being included in such annual report.
### 29. Power of High Court to make rules.–
The High Court may by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the provisions of this Act relating to the Special Courts.
### 30. Powers of State Government to make rules.–
(1) Without prejudice to the powers of the High Court to make rules under section 29, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before 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, and notify such decision in the Official Gazette, the rule shall form the date of publication 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 under that rule.
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65b9fce1ab84c7eca86ea643 | acts |
State of Andhra Pradesh - Act
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Andhra Pradesh Building Rules - 2012
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ANDHRA PRADESH
India
Andhra Pradesh Building Rules - 2012
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Rule ANDHRA-PRADESH-BUILDING-RULES-2012 of 2012
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* Published on 7 April 2012
* Commenced on 7 April 2012
Andhra Pradesh Building Rules - 2012
Published vide Notification No. G.O. Ms. No. 168, M.A. & U.D., dated 07.04.2012
Last Updated 10th September, 2019
No. G.O. Ms. No. 168. - In exercise of the powers conferred by Section 585 read with 592 of the Greater Hyderabad Municipal Corporation Act, 1955; Proviso under sub section (1) read with sub section (2) of Section 14, 32, 46 and 58 of the Andhra Pradesh Urban Areas (Development) Act, 1975; Section 56 (1) of Hyderabad Metropolitan Development Authority (HMDA) Act, 2008; Section 18 of the Andhra Pradesh Municipal Corporations Act, 1994; Section 326 of the Andhra Pradesh Municipalities Act, 1965 and Section 44 (1) of the Andhra Pradesh Town Planning Act,1920 and in supersession of all the existing rules on the subject, the Government of Andhra Pradesh hereby issue the following rules applicable to all Urban Development Authority areas and Urban Local Bodies together with Gram Panchayat areas in the State covered in Master Plans / General Town Planning Schemes / Outline Development Plans.
### 1. Short Title, Applicability & Commencement.
(a) These Rules may be called 'The Andhra Pradesh Building Rules - 2012.
(b) They shall apply to the building activities in the areas falling in;
(i) Hyderabad Metropolitan Development Authority (HMDA),
(ii) All Urban Development Authorities,
(iii) All Municipal Corporations,
(iv) All Municipalities,
(v) All Nagar Panchayats,
(vi) Gram Panchayat areas covered in Master Plans/General Town Planning Schemes notified under Andhra Pradesh Town Planning Act,1920 and
(vii) Industrial Area Local Authority (IALA) / Special Economic Zone (SEZ) notified by Government.
(c) These rules shall apply to all building activity. All existing rules, regulations, bye laws orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules.
(d) They shall come in to force from the date of publication in the Andhra Pradesh Gazettee.
### 2. Definitions.
- In these rules,
(a) 'Competent Authority' means - (i) The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority in HMDA area exclusive of Greater Hyderabad Municipal Corporation (GHMC) Area,
(ii) The Commissioner, Greater Hyderabad Municipal Corporation (GHMC)
(iii) The Vice Chairman of the respective Urban Development Authority.
(iv) The Director of Town & Country Planning in case of Municipal Corporations, Municipalities, Nagara Panchayats not covered in Urban Development Authorities and Gram Panchayat areas covered in Master Plans / General Town Planning Schemes notified under Andhra Pradesh Town Planning Act, 1920.
(b) 'Enforcement Authority' means. - (i) The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority.
(ii) The Vice Chairman of the respective Urban Development Authority.
(iii) The Commissioner of respective Urban Local Body.
(iv) The Executive Authority of the Gram Panchayat.
(v) The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable.
(c) 'Group Development Scheme' is reckoned as development of Residential Buildings in a Campus or Site of 4000sq.m and above in area and could be row houses, semi-detached, detached Houses, Apartment blocks or High-Rise buildings or mix or combination of the above.
(d) 'Group Housing' means the development of building having 5 or more multiple dwelling units and common services on a given site or plot in a single or multiple blocks without customary subdivision of land by way of individual plots.
(e) '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. The parapet wall, staircase head room, lift room, water tank are excluded from the height of the building.
(f) 'High-Rise Building' means a building with 18m 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 are excluded.
(g) 'Parking Complex/Parking Lot' means premises either built or open which is utilized purely for parking of vehicles permitted in specific areas.
(h) 'Sanctioning Authority' means. - (i) The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority.
(ii) The Vice Chairman of the respective Urban Development Authority.
(iii) The Commissioner of respective Urban Local Body.
(iv) The Executive Authority of the Gram Panchayat.
(v) The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable.
(i) '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, in lieu of surrendering land free of cost which is required to be set apart or affected for public purpose as per the Master Plan or in road widening or covered in recreational use zone, etc. The award is in the form of a TDR Certificate issued by the Competent Authority. Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective rules / regulations / bye 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 of Building Activity In The Vicinity of Certain Areas.
(a) Water Bodies: -
(i) 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.
Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake / Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department.
(ii) The above water bodies and courses shall be maintained as Recreational/Green Buffer Zone and no building activity shall be carried out within:
(1) 100m from the boundary of the River outside the Municipal Corporation / Municipality / Nagara Panchayat limits and 50m with in the Municipal Corporation / Municipality / Nagara Panchayat limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.
(2) 30m from the FTL boundary of Lakes / Tanks / Kuntas of area 10Ha and above.
(3) 9m from the FTL boundary of Lakes / Tanks / Kuntas of area less than 10Ha / shikam lands;
(4) 9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.
(5) 2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10m.
(iii) Unless and otherwise specified in the Master Plan / Zonal Development Plan.
(1) In case of (ii) (1) & (2) above, the buffer zone may be utilised for road of minimum 12m width, wherever feasible.
(2) In case of (ii) (2) above, in addition to development of recreational / green belt along the foreshores, a ring road or promenade of minimum 12m may be developed, wherever feasible.
(3) The above buffer zone to be left may be reckoned as part of tot lot or organized open space and not for setback requirements.
(iv) In case of Protection of Catchment area of Osmansagar and Himayatsagar lakes covered under the G.O.Ms.No.111 MA dated 08.03.1996, the restrictions on building and development activity imposed there in shall be applicable in Hyderabad Metropolitan Development Authority (HMDA) area.
(v) In case of areas along the Sea Coast, the Coastal Regulation Zone (CRZ) regulations shall be followed.
(b) Railways. - The distance between the Railway Property Boundary and the edge of the building shall be 30m as per Indian Railways Works Manual or as per No Objection Certificate (NOC) given by the Railway Authorities.
(c) Electrical Lines. - (i) In case of sites in the vicinity of High Tension Electricity Transmission Lines besides taking other safety precautions, a minimum safety distance (both vertical and horizontal) of 3m shall be maintained between the building and the High Tension Electricity Lines and 1.5m shall be maintained between the building and the Low Tension Electricity Lines.
(ii) In case of Electricity Tower lines, the land all along below the tower line shall be developed as green belt to an extent of the width of tower base and on either side of green belt there shall be a minimum of 10m wide roads or as defined in the Master Plan.
(d) Airport. - (i) Building Restrictions
(1) For building activity within the Restricted Zone / Air Funnel Zone near the airport, necessary clearance from the concerned Airport Authority shall be obtained.
(2) The building heights and other parameters shall be regulated as per the stipulations of the Airport Authority of India as notified in Gazette of India Extraordinary (S.O.1589) dated 30-06-2008 and as amended from time to time by Ministry of Civil Aviation, Government of India.
(3) Irrespective of their distance from the aerodrome, even beyond 22km limit from the Aerodrome Reference Point, no radio masts or similar installation exceeding 152m in height shall be erected except with the prior clearance from Civil Aviation Authorities.
(4) In respect of any land located within 1000m from the boundary of Military Airport no building is allowed except with prior clearance from the concerned airport authority with regard to building height permissible and safe distance to be maintained between the building and boundary of the aerodrome.
(ii) Other Structures
(1) No chimneys or smoke producing factories shall be constructed within a radius of 8km from the Airport Reference Point.
(2) Slaughter House, Butcheries, Meat shops and Solid Waste Disposal Sites and other areas for activities like depositing of garbage which may encourage collection of high flying birds, like eagles and hawks, shall not be permitted within 10 km from the Airport Reference Point.
(3) Within a 5km radius of the Aerodrome Reference Point, every structure/installation/building shall be designed so as to meet the pigeon/bird proofing requirement of the Civil Aviation Authorities. Such requirement may stipulate the prohibition of any cavity, niche, or other opening on the exterior of such building/installation/structure so as to prevent the nesting and habitation of pigeon or other birds.
(e) Provisions laid under Environmental Impact Assessment Notification-2006. - As per the provisions laid under the EIA Notification S.O.1533, Dated 14.9.2006 and it's amendment, dated 01.12.2009 issued by MOE&F, GOI and Notifications issued from time to time with reference to "Building / Construction Projects/ Area Development Projects and Townships" complying with the following threshold limits fall under category B and are required to obtain prior Environmental Clearance (EC) from State Environmental Impact Assessment Authority (SEIAA), Ministry of Environment and Forests, Government of India.
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Building/Construction Projects/Area Development
Projects and Townships
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Project / Activity
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B
Category with threshold limit
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Conditions, if any
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8(a) |
Buildings and Construction Projects
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>20000sq.m and
<1,50,000sq.m
of built up area
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Built up area for covered construction; in case of facilities
open to the sky, it will be the activity area
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8(b) |
Townships and Area Development Projects
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Covering
an area > 50ha and or built up area >1,50,000sq.m ++
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++All Projects under Item8(b) shall be appraised as Category B1
|
(f) Defence Establishments. - (i) In case of Sites within 500m distance from the boundary of Defence Areas / Military Establishments prior clearance of Defence Authority shall be obtained.
(ii) In case of Naval Science and Technological Laboratory (NSTL), Visakhapatnam, no building shall be allowed with in a distance of 20m from the boundary wall of NSTL, Visakhapatnam.
(g) Oil / Gas Pipelines. - In case of Sites in the vicinity of Oil / Gas pipelines, clearance distance and other stipulations of the Respective Authority shall be complied with. The Oil / Gas Authorities shall also specify the clearances required stretch wise to Local Body.
(h) Heritage Structures. - (i) In case of Sites located within the distance up to 100m from protected monuments as notified under Archaeological Monuments and Ancient Sites and Remains Act 1955 and as amended no construction is allowed.
(ii) For the Sites located within distance of above 100m and up to 200m from the protected monuments, the construction is allowed only after obtaining prior permission from the National Monument Authority.
(i) Religious Structures. - (i) In case of Sites located within a radius of 100m from the notified religious structure as given in the list in Annexure - VII / notified from time to time, the construction is allowed up to 10m height only.
(ii) For the Sites located within a radius of above 100m and up to 300m from the notified religious structure as given in the list in Annexure - VII / notified from time to time, only non high rise structures are allowed.
(iii) For the Sites located within the vicinity of any Heritage Structure notified as per the respective law, the prior clearance from the concerned authority shall be obtained.
(iv) For the development / redevelopment of any notified Heritage Structure the stipulations as prescribed by the respective authority shall be followed.
(j) Special Regulations for Banjara Hills & Jubilee Hills Areas of Hyderabad. - (i) The following are the Special Regulations to maintain special characteristics of Banjara Hills and Jubilee Hills areas covered by Block 1 & 2, and part of Block No. 3 of Ward no. 8, of erstwhile Municipal Corporation of Hyderabad area of GHMC.
Table - I
| | | |
| --- | --- | --- |
|
Sl. No.
|
Type of the
Building
|
Maximum
Height
|
|
1.
|
Individual
Residential Buildings/ Apartment Complexes
|
15m
(Including Stilt floor)
|
|
2.
|
Commercial /
Institutional Buildings
|
15m
|
(ii) The building with height beyond 10m in these areas shall be permitted only if the plot abuts to a minimum of 12m wide road.
(iii) In case of Jubilee Hills Co-operative House Building Society and Prashasan Nagar Co-operative House Building Society Layout, Jubilee Hills the height of the building is restricted to 10m excluding stilt with a maximum FAR of 1:1.
(iv) In case of plots abutting Road No.1, 2 & 3 Banjara Hills and Road No.36 Jubilee Hills the building height shall be limited to 30m and further the said height relaxations are allowed only on plots where the land owners have surrendered their land in the past or will surrender their land free of cost to Municipal Corporation for road widening.
(v) The setbacks shall be followed as per Table-III of rule-5 and also parking & other requirement shall be as per these rules.
### 4. Requirement of Approach Road For Building Sites / Plots.
(a) The minimum abutting existing road width required for various uses of building activities shall be as given below.
Table - II
| | | |
| --- | --- | --- |
|
Category
|
Type / Use of Building Plot permissible
|
Minimum abutting existing road width required
(in meters)
|
|
A
|
Sites In Old /existing Built-Up Areas
/congested Areas /settlement / Gram Khantam/abadi
|
|
|
|
(see
Annexure-I)
|
|
|
|
All Residential (other than Group Housing) &
Commercial Buildings with maximum permissible height of 10 m
|
|
|
|
For other categories the Minimum road width
shall be as given in B1 Category
|
9 \*
|
|
B
|
Sites In New Areas / Approved Layout Areas
|
|
|
B 1
|
Non-High Rise (Residential) Buildings including
Group Housing (Cellar and / or Stilt as permissible + maximum up
to 5 floors), Basic level social amenities like Nursery School
Primary School / Religious Place /Clinic / Dispensary /
Diagnostic Laboratory,
|
9 \*\*
|
|
B 2
|
High Rise Buildings
/ Complexes up to height of 24 meters, Non High Rise Group
Housing (Cellars as applicable + 6 floors), Group Housing with
more than 100 units, Group Development Scheme; Middle school /
Tutorial institution / General Industry / Godown / Petrol /
Diesel/ Gas Filling Station; High School, Junior College/
Commercial Complex, Computer units /Office Building, ITES
Complex, Nursing Home /Hospital of not more than 20 beds /
Community Hall/Function/Marriage Hall/ Assembly Hall/Cinema
Theatre; Service establishment / Workshop;
Others not specified in the Table and all Non
High-Rise buildings up to 18m height
|
12
|
|
B 3
|
General Degree and other non-professional
College / Polytechnic, ITI; Professional College Campus;
Multiplex Complexes, Shopping Malls (above 4000sq.m), Hospitals
of more than 20 beds and all High-Rise buildings above 24m and
up to 30 m height
|
18
|
|
B4
|
All High Rise Building above 30 meters will be
permitted as per the Minimum Road width and setbacks as
specified in Table-IV of rule-7
|
(b) \*In case of Sites in Category-A, if a Site is abutting to a road which is less than 9m in width, a building may be permitted with a maximum height of 10m in such site, after leaving 4.5m from the Centre Line of such road for widening and the same shall be handed over to the Local Body and shall leave the prescribed setback as per Table-III after the said road widening portion. No relaxations are permissible in such cases.
(c) \*\*In case of Sites in Category-B, if a Site is abutting to a road which is less than 9m in width, Individual Residential Building may be permitted with a maximum height of 12m, after leaving 4.5m from the Centre Line of such road for widening and the same shall be handed over to the Local Body and shall leave the prescribed setback as per Table-III of rule-5 after the said road widening portion. No relaxations are permissible in such cases.
(d) In case of Notified Slums / Economically Weaker Section (EWS) Buildings, the special regulations as notified by the Government from time to time shall be followed.
(e) The sites in old / Existing Built-up Areas / Congested Areas / Settlement / Gram Khantam / Abadi (Annexure-I) and List of Areas Prohibited for High- Rise Buildings (Annexure-II) shall be notified by the Local Bodies in consultation with the Competent Authority. The Government may add to or delete from the list of the said areas.
(f) In case of single plot sub-division approved by the competent authority, a means of independent access of minimum 3.6m pathway may be considered for Individual Residential Building and 6m for Non-High-Rise Group Housing Building.
### 5. Permissible Setbacks & Height Stipulations For All Types of Non-High Rise Buildings.
- (Buildings below 18m in height inclusive of Stilt / Parking Floor):
(a) The height of buildings permissible in a given site / plot shall be subject to restrictions given in Annexure - I to II.
(b) The minimum setbacks and permissible height as per Table - III and other conditions stipulated below shall be followed.
Table - III
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Plot Size (in Sqm) Above - Up to
|
Parking provision
|
Height (in m) Permissible Up to
|
Building Line or Minimum Front Setback to be left
(in m)
|
Minimum setbacks on remaining sides (in m)
|
|
Abutting Road Width
|
|
Up to 12 m
|
Above 12m & up to 18m
|
Above 18m & up to 24 m
|
Above 24m & up to 30m
|
Above 30m
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
1
|
Less than 50
|
-
|
7
|
1.5
|
1.5
|
3
|
3
|
3
|
-
|
|
2
|
50-100
|
-
|
7
|
1.5
|
1.5
|
3
|
3
|
3
|
-
|
|
|
|
|
10
|
1.5
|
1.5
|
3
|
3
|
3
|
0.5
|
|
3
|
100-200
|
-
|
10
|
1.5
|
1.5
|
3
|
3
|
3
|
1.0
|
|
4
|
200- 300
|
Stilt floor
|
7
|
2
|
3
|
3
|
4
|
5
|
1.0
|
|
|
|
|
10
|
2
|
3
|
3
|
5
|
6
|
1.5
|
|
5
|
300 - 400
|
Stilt floor
|
7
|
3
|
4
|
5
|
6
|
7.5
|
1.5
|
|
|
|
|
12
|
3
|
4
|
5
|
6
|
7.5
|
2.0
|
|
6
|
400 - 500
|
Stilt floor
|
7
|
3
|
4
|
5
|
6
|
7.5
|
2.0
|
|
|
|
|
12
|
3
|
4
|
5
|
6
|
7.5
|
2.5
|
|
7
|
\* 500 - 750
|
Stilt floor
|
7
|
3
|
4
|
5
|
6
|
7.5
|
2.5
|
|
|
|
|
12
|
3
|
4
|
5
|
6
|
7.5
|
3.0
|
|
|
|
|
15
|
3
|
4
|
5
|
6
|
7.5
|
3.5
|
|
8
|
750 - 1000
|
Stilt + One Cellar floor
|
7
|
3
|
4
|
5
|
6
|
7.5
|
3.0
|
|
|
|
|
12
|
3
|
4
|
5
|
6
|
7.5
|
3.5
|
|
|
|
|
15
|
3
|
4
|
5
|
6
|
7.5
|
4.0
|
|
9
|
1000-1500
|
Stilt + 2 One Cellar floor
|
7
|
3
|
4
|
5
|
6
|
7.5
|
3.5
|
|
|
|
|
12
|
3
|
4
|
5
|
6
|
7.5
|
4.0
|
|
|
|
|
15
|
3
|
4
|
5
|
6
|
7.5
|
5.0
|
|
|
|
|
18\*\*
|
3
|
4
|
5
|
6
|
7.5
|
6.0
|
|
10
|
1500 - 2500
|
Stilt + 2 Cellar floors
|
7
|
3
|
4
|
5
|
6
|
7.5
|
4.0
|
|
|
|
|
15
|
3
|
4
|
5
|
6
|
7.5
|
5.0
|
|
|
|
|
18\*\*
|
3
|
4
|
5
|
6
|
7.5
|
6.0
|
|
11
|
Above 2500
|
Stilt + 2 or more Cellar floors
|
7
|
3
|
4
|
5
|
6
|
7.5
|
5.0
|
|
|
|
|
15
|
3
|
4
|
5
|
6
|
7.5
|
6.0
|
|
|
|
|
18\*\*
|
3
|
4
|
5
|
6
|
7.5
|
7.0
|
(c) Stilt Floor meant for parking is excluded from the permissible height in the above Table Height of stilt floor shall not be less than 2.5m. In case of parking floors where mechanical system and lift are provided, height of such parking floor shall not be less than 4.5m.
(d) \*In case of commercial buildings proposed in plots having an extent of 500-750sq.m cellar floor for parking may be considered subject to condition that required parking shall be fulfilled as per Table-V of rule-13 and feasibility on ground.
(e) \*\*Buildings of height above 15m and below 18m in Sl.Nos.9, 10 and 11 above, shall be permitted only if such plots abut minimum 12m wide roads only.
(f) Other conditions:
(i) The setbacks are to be left after leaving the affected area of the plot/ site, if any, for road widening.
(ii) Where a site abuts more than one road, then the front setback should be insisted towards the bigger road width and for the remaining side or sides, the setback as at Column-10 shall be insisted. In case of individual residential buildings the option is given to the applicant to propose front setback on one of the roads. In such case he shall not have access from the other side / sides. On the other side / sides the applicant can leave the setback either as per the required front setback based on the road width or to provide the side setback as given in Column-10.
(iii) A strip of at least 1m greenery / lawn along the frontage of the site within the front setback shall be developed and maintained with greenery.
(iv) For Plots above 300sq.m in addition to (iii) above, a minimum 1m wide continuous green planting strip in the periphery on remaining sides are required to be developed and maintained within the setback.
(v) For all residential / institutional / industrial plots above 750sq.m, in addition to (iii) and (iv) above, 5% of the site area to be developed as organized open space and be utilized as greenery, tot lot or soft landscaping etc., and shall be provided over and above the mandatory setbacks. Such organized open space could be in more than one location and shall be of a minimum width of 3m with a minimum area of 15sq.m at each location.
(vi) If the strip of greenery / lawn and the organized open space (tot lot) are not maintained, 10% of additional Property Tax every year would be imposed as penalty by the Sanctioning Authority till the condition is fulfilled.
(vii) In all plots 750sq.m and above, provision shall be made for earmarking an area of 3m X 3m for the purpose of setting of public utilities like distribution transformer, etc. within the owner's site subject to mandated public safety requirements.
(viii) In case of plots 300 - 750sq.m, it is permitted to transfer up to 1m of setback from any one side to any other side without exceeding overall permissible plinth area. The transfer of setback from front setback is not allowed.
(ix) In case of plots above 750sq.m, it is permitted to transfer up to 2m of setback from any one side to any other side without exceeding overall permissible plinth area, subject to maintaining of a minimum 2.5m setback on other side and a minimum building line. The transfer of setback from front setback is not allowed.
(x) For narrow plots having extent not more than 400sq.m and where the length is 4 times of 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 side setback of 1m in case of buildings of height up to 10m and minimum of 2m in case of buildings of height above 10m and up to 15m without exceeding overall permissible plinth area. (This Rule shall not be applicable for made-up plots).
(xi) 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 9sq.m and no side shall be less than 2m. Such open spaces / ducts may be allowed above stilt floor.
(xii) The space between 2 blocks shall not be less than the side setback of the tallest block as mentioned in Table - III and this shall not be considered for organised open space (tot lot).
(xiii) 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.
(xiv) Splay at road junctions, including 'Y' junctions shall be provided as follows. The area of such splay would be deemed to form part of the road junction.
| | | |
| --- | --- | --- |
|
Sl.No
|
Road Width (in m)
|
Splay / Offset (in m)
|
|
1
2
3
|
Less than 12
Above 12 up to 24
Above 24
|
3 X 3
4.5 X 4.5
6 X 6
|
(xv) As per the provisions of the Andhra Pradesh Fire Service Act, 1999, Residential buildings of height more than 18 m, Commercial buildings of height 15m and above and buildings of public congregation like Educational Buildings, Cinema Theatres, Function Halls and other Assembly Buildings on plot area of 500Sq.m. and above or of height above 6m are required to obtain prior clearance from Andhra Pradesh State Disasters Response & Fire Services Department from fire safety point of view.
(xvi) 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.
(xvii) For the purpose of these Rules, the following conversion from M.K.S. and F.P.S. system shall be reckoned for the road widths only:
(1) 3m = 10ft (2) 6m = 20ft (3) 7.5m = 25ft (4) 9m = 30ft
(5) 12m = 40ft (6) 15m = 50ft (7) 18m = 60ft (8) 24m = 80ft
(9) 30m = 100ft (10) 45m = 150ft (11) 60m = 200ft.
(xviii) All building applications for sanction of building permission for construction of above 10m height shall be accompanied with the following details:
(a) Report of Soil Test / Geo-technical Investigation Report issued after personal inspection by Institution / Consultant empanelled with / licenced by the local authority.
(b) Structural designs and drawings prepared duly taking the soil bearing capacity into consideration and certified by qualified Structural Engineer / Consultant Firm empanelled with / licenced by the local authority. The Structural Engineer / Consultant Firm is held responsible for defect in the design.
(c) Building Plan and Application shall be invariably signed by the owner of the property, builder if any, the Architect and the Structural Engineer who designed the structure. They shall give their present and permanent addresses.
(d) If the construction is being taken up by a builder, an attested copy of the registered agreement entered between the owner of the property and the builder shall be submitted. In case of any changes in the agreement at a later date, a copy of the same shall also be submitted to the local authority.
(e) An undertaking on a Stamp Paper of Rs.100/-duly signed by the owner and builder specifying that no flat or built-up area shall be given possession to the purchaser / tenant unless they obtain the occupancy certificate from the local authority and provide all regular service connections.
(f) Contractor / Builders / Developer / Owner shall submit All Risks Insurance Policy for the construction period.
### 6. Restrictions On Projections In Mandatory Open Spaces.
- The following are the Restrictions on Projections in the mandatory open spaces / setbacks / interior open spaces:
(a) Cornice, Chajjas / weather shades only of width not exceeding 60cm shall be allowed in the mandatory setbacks.
(b) No balcony projections or corridor shall be permitted projecting within the mandatory open spaces / setbacks in case of non-high rise buildings. These, if provided for, shall be set back as per the minimum mandatory open spaces and the setbacks shall be clear from the edge of the balcony or corridor. However, a Portico or Canopy without access to the top may be considered in the front open space.
(c) In case of Individual Residential Building in plots more than 300sq.m:
(i) In the front setback only a security guard booth of 2sq.m is allowed.
(ii) Septic tank, well may be allowed in the rear and side open spaces.
(iii) A setback of at least 1m from the property or boundary line of the plot shall be provided for these structures.
(iv) Parking sheds, generator room may be allowed in the rear and side open Spaces.
(v) The height of these accessory buildings shall not be more than 2.5m and shall not occupy more than 1/4th of the plot width. These shall be so located that they do not hinder the fire safety measures and operations.
### 7. Requirements For High Rise Buildings.
(a) High Rise Buildings / Complexes
(i) High Rise Buildings / Complexes shall be permissible only in areas other than those given in Annexure - I & II.
(ii) The minimum size of plot for High Rise building shall be 2000sq.m.
(iii) 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.
(iv) 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 detailed plans, floor plans of all floors along with complete set of structural drawings and detailed specifications duly certified by a qualified licenced structural engineer.
(v) Prior Clearance from Airport Authority:
For any High Rise Building located in the 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.
(vi) Prior No Objection Certificate (NOC) from the Andhra Pradesh State Disasters Response & Fire Services Department:
For all High Rise Buildings prior No objection Certificate (NOC) from the Andhra Pradesh State Disasters Response & Fire Services Department shall be obtained and copy of the approved plan and No Objection Certificate (NOC) issued by the said department shall be enclosed along with the building application.
(vii) In every high rise building site, an organized open space shall be utilized as greenery, tot lot or soft landscaping, etc. shall be provided over and above the mandatory setbacks to be left in and around the building. This space shall be at least 10% of total site area at ground level open to sky and shall be a minimum width of 3m. This may be in one or more pockets with minimum area of 50sq.m at each location.
(viii) In addition to the above, a minimum of 2m wide green planting strip in the periphery on all sides within the setbacks are required to be developed and maintained.
(ix) Buildings abutting major road of 30m and above width shall be permitted only after providing black-topped service roads of minimum 7m width with minimum 2 Lane carriageway with in the defined right of way. It will 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. The Sanctioning Authority may consider sanctioning building permission if the developer / builder / owner deposits the full cost for laying such service road to the Sanctioning Authority. The amount so levied and collected shall be maintained in a separate exclusive account by the Sanctioning Authority and utilized only for this purpose.
(x) The minimum abutting road width and all round open space / setback for High Rise Building / Complex shall be as follows:
Table - IV
| | | |
| --- | --- | --- |
|
Height of building(in meters)
|
Minimum abutting road width required (in meters)
|
Minimum all-round open space on remaining sides
(in meters) \*
|
|
above
|
Up to
|
|
1
|
2
|
3
|
4
|
|
-
|
21
|
12
|
7
|
|
21
|
24
|
12
|
8
|
|
24
|
27
|
18
|
9
|
|
27
|
30
|
18
|
10
|
|
30
|
35
|
24
|
11
|
|
35
|
40
|
24
|
12
|
|
40
|
45
|
24
|
13
|
|
45
|
50
|
30
|
14
|
|
50
|
55
|
30
|
16
|
After 55m 0.5m additional setback for every 5m of height shall be insisted
(xi) \* The front open space shall be on the basis of the abutting road width and shall be either as given in Col. 4 of above Table - IV or the Building Line given in Table - III of rule-5 whichever is higher.
(xii) The open space to be left between two blocks shall be equivalent to the open space mentioned in Col. 4 of above Table - IV and this shall not be considered for organized open space (Tot lot).
(xiii) In case of high rise buildings up to 30m height, it is permitted to transfer up to 2m 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 7m on all sides subject to not exceeding the permissible / allowable plinth area.
(xiv) The balcony projection of up to 2m may be allowed projecting onto the open spaces for upper floors from 6m height onwards.
(xv) 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 area of at least 25sq.m and no side shall be less than 3m.
(b) Tower and Podium Type Building:
(i) Height of the building shall be allowed up to 50m.
(ii) For Podium, i.e., Ground plus first floor: alround setbacks shall be 7m.
(iii) For Tower block. - The coverage and alround setbacks shall be minimum 50 % of the Podium Block, and shall be at least 3m from the Podium edge on all sides,
(iv) The fire safety and fire escape measures for the Tower Block shall be independent of the Podium Block.
(c) "Stepped Type" or "Pyramidal Type" Building:
Such type of High Rise Building blocks may be allowed for heights above 30m with the following open space requirements:
(i) At Ground level: Minimum 9m all round open space for the first five floors.
(ii) At Upper floors: Increase of 1m all round open space or more, for every 5 upper floors or 15m height or part thereof, over and above the ground level open space of minimum 9m.
(d) Multiplex Complexes. - In case of Multiplex Complexes, "The Andhra Pradesh Rules for Construction and Regulation of Multiplex Complexes, 2007" issued vide G.O.Ms.No. 486, Dt.07.07.2007 shall be followed (Annexure-III).
(e) Hospital Buildings with more than 30m height
In case of Hospital Buildings with more than 30m height,"The Andhra Pradesh Fire Prevention and Safety measures in High Rise Hospital Buildings (above 30m height) Rules 2011" issued vide G.O.Ms.No.2, Dated 03.01.2011 shall be followed (Annexure-IV).
### 8. Group Development Schemes.
(a) The minimum site / plot area shall be 4000sq.m.
(b) The minimum abutting existing road width shall be 12m and black topped.
(c) If the site is not abutting to an existing road, 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 12m which should be implemented by the Licenced Developer within a period of three years.
(d) Group Development Schemes shall be considered where the site is developed together with construction of building and all amenities and facilities and not disposed as open plots.
(e) All such applications shall in addition to the requirements under these Rules be accompanied by the provisional plans of.
(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 / water recycling details.
(iii) Parking & Internal Circulation Plan along with common pool parking area plan, if any.
(f) The above shall be drawn to suitable scale with relevant details.
(g) Minimum of 10% of site area shall be earmarked for organised open space and be utilised as greenery, tot lot or soft landscaping, etc. and shall be provided over and above the mandatory setbacks. Such open space shall be open to sky with a minimum width of 3m. This may be in one or more pockets with minimum area of 50sq.m at each location.
(h) No additional or proportionate open space charges need to be levied in such schemes.
(i) These shall not be applicable in case of Government sponsored Housing Scheme / approved Non Government Organisations (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.
(j) The Building setbacks shall be as per the type of housing & requirements given above for the said type of housing and as per Table - III of rule-5 and Table - IV of rule-7. The open space to be left between two blocks also shall be equivalent to the setback mentioned in Column -10 of Table- III of rule-5 and Column - 4 of Table- IV of rule-7 as the case may be.
(k) A thorough public access road of 12m width with 2-lane black-topped is to be developed within the applicant's site 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 condition would not apply if there is an existing abutting peripheral road on any side.
(l) In case of blocks up to 12m 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 with good design, practises, good built environment and standards.
(m) Road requirements
• 9m to 18m for main internal approach roads;
• 9m for other internal roads and also for looped roads.
• 8m for cul-de-sacs roads (with a minimum radius 9m.) between 50- 100m length.
(n) All roads and open spaces mentioned in this Rule shall be handed over to local body at free of cost through a registered gift deed before issue of occupancy certificate. The society / association may in turn enter into 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 shall summarily demolish the encroachments and resume back the roads and open spaces and keep it under its custody.
### 9. Row Type Housing / Row Type Shopping Precincts.
(a) Row Houses shall abut internal roads only.
(b) Minimum site area shall be not less than 1000sq.m.
(c) Minimum size of individual plot shall be 50sq.m.
(d) Maximum plot size shall be 125sq.m.
(e) Number of plots in a row shall not be more than 8.
(f) Separation between two blocks shall not be less than 6 m which may be an open space or an alley/pedestrian plaza.
(g) Only internal staircase is allowed.
(h) Minimum width of internal roads: 9m.
(i) Internal cul-de-sac road 6m with maximum length 50m is allowed.
(j) Minimum open space : 10 % of site area.
(k) Height permissible:
i. Ground + 1 floor or 7m in plot area up to 100sq.m.
ii. Ground + 2 floors or 10m in plot area of above 100sq.m.
(l) Minimum setbacks: Front 3m; Rear 1.5m.
(m) The setbacks in a row can be interchangeable.
(n) In case of row type shopping precincts, back to back shops with above front setback of 3m would be allowed.
(o) 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 minimum 5 % of the site area.
(p) In case of Row Type Shopping Precincts, common basement parking in one or more levels would be permissible subject to conditions mentioned in Rule -13.
### 10. Cluster Housing.
(a) Minimum site area shall be not less than 1000sq.m.
(b) Minimum plot size 25sq.m with maximum number of 20 houses in a cluster.
(c) Minimum size of cluster open space 36sq.m with a minimum width of 6m.
(d) Height permissible 2 floors or 6m.
(e) Minimum access road 9m.
(f) Internal access may be through pedestrian paths of 6m.
(g) Minimum space between two clusters shall be 6m which may be utilised 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 sides that are abutting peripheral thoroughfare roads or property boundary, setback / building line shall be as per Table - III of rule-5.
(i) 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 minimum 5 % of the site area.
### 11. Provisions For Economically Weaker Section (Ews) / Low Income Group (Lig) Housing Category.
(a) In case of areas falling in Hyderabad Metropolitan Development Authority (HMDA), Visakhapatnam Urban Development Authority (VUDA), Vijayawada-Guntur-Tenali-Mangalagiri Urban Development Authority (VGTMUDA) where the proposed site area for residential projects is 4000sq.m and above, the developer shall provide at least 20% of developed land for Economically Weaker Sections (EWS) and Low Income Groups (LIG) housing in such projects.
(b) In case of areas falling in Municipal Corporations and the Urban Development Authorities in the State except Greater Hyderabad Municipal Corporation, Greater Visakhapatnam Municipal Corporation, Vijayawada Municipal Corporation, Guntur Municipal Corporation, HMDA, VUDA, VGTMUDA areas where the proposed site area for residential projects is 3000sq.m and above, the developer shall provide at least 20% of developed land for Economically Weaker Sections (EWS) and Low Income Groups (LIG) housing in such projects.
(c) In case of areas falling in Municipalities / Nagar Panchayats constituted under the provisions of the Andhra Pradesh Municipalities Act, 1965 and excluding the Municipalities which are within the jurisdiction of any Urban Development Authority where the proposed site area for residential projects is 2000sq.m and above, the developer shall provide at least 20% of developed land for Economically Weaker Sections (EWS) and Low Income Groups (LIG) housing in such projects.
### 12. Buildings With Central Courtyard For Commercial Use.
(a) 'U' type commercial buildings with central courtyard are allowed with a minimum plot area of 2000sq.m with the following conditions:
(b) The Front setback shall be as per Table-III of rule-5 & Table-IV of rule-7 for Non High Rise & High Rise buildings respectively.
(c) The minimum open space / setback on sides and rear except front, shall be
(i) 2m for building height up to 15m;
(ii) 3m for building height up to 18m;
(iii) 7m in case of high rise buildings up to 30m height and buildings coming under purview of Andhra Pradesh Fire Services Act-1999.
(d) The area so saved is transferred to the central area / space or court yard;
(e) The depth of such courtyard shall be at least 50% of the average building depth and the minimum width shall be 10m.
### 13. Parking Requirements.
(a) In all Buildings provision shall be made for parking spaces as per the following requirements:
Table - V
| | | |
| --- | --- | --- |
|
Sl. No.
|
Category of building/ activity
|
Parking area to be provided as percentage of
total built up area
|
|
HMDA Area
|
All Municipal Corporations & UDA Areas
|
Municipalities/ N.Ps/ G.Ps. other than UDA Areas
|
|
GHMC
|
Municipalities/ N.Ps/
G.Ps. in HMDA Areas
|
All Municipal Corporations
|
Municipalities/ N.Ps/ G.Ps. in UDA Areas
|
Selection & Special Grade Municipalities
|
Other Municipalities/ N.Ps/ G.Ps.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
1
|
Multiplexes
|
60
|
50
|
60
|
50
|
60
|
50
|
|
2
|
Shopping Malls (above 4000 sq.m), Information
TechnologyEnabling Services Complexes
|
60
|
50
|
50
|
40
|
40
|
30
|
|
3
|
Hotels, Restaurants, Lodges, Cinema halls, Business
buildings, Other Commercial buildings, Kalyana Mandapams,
Offices, & High- Rise Buildings / Complexes of Non
Residential Category
|
40
|
30
|
30
|
25
|
25
|
25
|
|
4
|
Residential Apartment Complexes, Hospitals,
Institutional buildings, Industrial buildings, Schools, Colleges,
Other Educational Buildings & God owns & Others
|
30
|
20
|
20
|
20
|
20
|
20
|
(b) The parking spaces may be provided in
(i) Basements or cellars (one or more) / multilevel (allowed for plots 750sq.m and above only) or
(ii) Stilt floor or in upper floors (at any level) or
(iii) The Open space over and above the setbacks i.e. after leaving the setbacks to be left around the building with adequate vehicular access, aisle, drives, ramps required for maneuverings of vehicles, or
(iv) Common pool parking area (in the case of Group Housing Scheme / Cluster Housing / Row Housing Schemes).
(v) Any of the above or all the above or combination of the above.
(vi) Wherever Mechanical system and car lifts are proposed enabling two tier parking, the required parking is computed accordingly.
(c) The other aspects for providing parking spaces are:
(i) Misuse of the area specified for parking of vehicles for any other use shall be summarily demolished / removed by the Enforcement Authority.
(ii) The parking spaces should be efficiently designed and clearly marked and provided with adequate access, aisle, drives and ramps required for maneuverings of vehicles.
(iii) Cellar floor shall be used only for parking and not for any habitation purpose. There shall be ventilation to cellars with not less than 2.5% of each cellar floor area.
(iv) In respect of Apartment Complexes / Building / Block of residential nature, in sites up to 750sq.m the Parking requirement shall be deemed to be met if the entire stilt floor is left for parking.
(v) Common and Continuous cellar parking floors between adjoining buildings would be allowed depending upon structural safety aspects, mutual agreement between owners, etc.
(vi) In the Stilt floor a watchman room and 2 toilets (W.C), with maximum built up area of 25sq.m may be allowed. Such space shall not be disposed and shall be part of common facility of the complex. For the sites above 750sq.m area it is permitted subject to fulfilment of parking requirement as per Table-V.
(vii) For parking spaces in basements and upper floors, at least two ramps of minimum 3.6m width or one ramp of minimum 5.4m width and adequate slope 1 in 8 shall be provided. Such ramps shall not be allowed in mandatory setbacks including building line, however they may be permitted in the side and rear setbacks after leaving minimum 7m of setback for movement of fire-fighting vehicles. Access to these may also be accomplished through provisions of mechanical lifts.
(viii) The minimum width of the drive way shall be 4.5m.
(ix) In case where the permissible set back is less than 4.6m the pillars position in stilt floor shall be so designed that there shall be clear space of 3.6m (excluding Greenery) is available for movement of vehicles.
(x) Cellar shall be with a setback of at least 1.5m in the sites of extent of up to 1000sq.m, 2m in the sites of extent of more than 1000sq.m and up to 2000sq.m, and 3m in the sites of extent of more than 2000sq.m from the property line. In case of more than one cellar, 0.5m additional setback for every additional cellar floor shall be insisted.
(xi) Up to 10% of cellar may be utilised for utilities and non-habitation purpose like A/C Plant room, Generator room, Sewerage Treatment Plant (STP), Electrical installations, Laundry, etc,
(xii) Visitors' parking shall be provided with minimum 10% of the parking area mentioned in Table-V and may be accommodated in the mandatory setbacks other than front setback where ever such setbacks are more than 6m (excluding green strip).How ever this is not permissible in case of transfer of setback. The Visitors' Parking facility shall be open to all visitors which shall be properly demarcated on ground.
### 14. 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 Competent 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 / Transferable Development Right (TDR) would be considered by the sanctioning authority.
(c) The setbacks for Parking Complexes shall be as follows: front setback - as per building line in Table-III of rule-5. Setbacks on remaining sides - 50% of setbacks given in Table-III of rule-5.
(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;
(f) For the next 5 years - Property Tax shall be levied on the lowest slab of residential category.
(g) Such parking complexes may be permitted along main commercial roads, City Centers, close to Bus Stations, Railway Stations and any Public Transport System so as to encourage parking facility, 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.
### 15. Compliance of National Building Code Provisions For Amenities And Facilities In All Buildings.
(a) Non 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, licenced builders / developers and licenced structural engineers. The designs and building plans shall be countersigned by the owner, licenced developer, registered architect, licenced engineer and a qualified & licenced Structural Engineer who shall be responsible for the supervision, structural safety, fire safety and specifications compliance of such buildings.
(iii) The work of the building services like sanitation, plumbing, fire 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) The parking requirements shall comply as given in these rules. The parking facilities and vehicles driveways etc. shall be maintained to the satisfaction of the Sanctioning Authority.
(v) All Public and Semi-Public Buildings and Institutional Buildings shall be designed and constructed to provide facilities to the Specially Enabled Persons as prescribed in the National Building Code of India as given in Annexure - V.
(vi) In all Buildings, 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 National Building Code of India.
(vii) Rain Water Harvesting Structures shall be provided as given in G.O.Ms.No.350 MA, Dated. 09.06.2000 (Annexure-VI).
(viii) Provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 shall be complied in such sites and schemes where ever applicable.
(ix) 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, compliance with structural safety and fire safety requirements.
(x) In case of Group Housing Buildings where there are 100 units and above, a minimum 3% of the total built up area shall be planned and developed for common amenities and facilities like convenient shopping, committee hall / club house, crèche, gymnasium etc. as per National Building Code of India (NBC)-2005. Amenities block shall not be part of the residential blocks. However in case of single apartment block, amenities can be provided in the same block.
(xi) In case of Group Housing Buildings where there are 100 units and above, buildings proposed for Nursing Homes, Hospitals and Hotels provision for Solar Water Heating System and Solar Lighting System in the building and in the site for outdoor lighting, etc. shall be made and the applicant shall give a bank guarantee to this effect to the sanctioning authority for compliance of the same.
(xii) In case of Group Housing Buildings where there are 100 units and above, Nursing Homes, Hospitals and Hotels provision for Recycling of Water shall be made.
(b) High Rise Buildings: in addition to the above the following conditions shall also be complied with
(i) In addition to the required staircases and lifts, there shall be at least one fire escape staircase and lift. These staircases and lifts shall be got certified from the manufacturer's authorized service technical personnel from time to time.
(ii) Such buildings shall be undertaken by owners by engaging registered architect, licenced builders / developers and licenced structural engineers. The designs and building plans shall be countersigned by the owner, licenced developer, registered architect, licenced engineer and a qualified & licenced Structural Engineer who shall be responsible for the supervision, structural safety, fire safety and specifications compliance of such buildings.
(iii) Provision for power generator shall be made.
(iv) These buildings shall be planned, designed and constructed to ensure fire safety requirements are met and maintained and shall comply in accordance with the Fire Protection Requirements of National Building Code of India (NBC)-2005 / Andhra Pradesh Fire Services Act,1999.
(v) The facilities for providing fire protection and firefighting facilities in such buildings should be in compliance with the stipulations laid down and clearance issued by the Andhra Pradesh State Disasters Response & Fire Services Department from time to time. No Objection Certificate (NOC) from the Andhra Pradesh State Disasters Response & Fire Services 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.
(vi) 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, compliance with structural safety and fire safety requirements.
### 16. Concessions In Road Widening Cases.
(a) Where any land or site or premises for building is affected in the Statutory Plan / Master Plan Road or Circulation network or a road required to be widened as per Road Development Plan, such area so affected in the road or circulation network shall be surrendered free of cost to the Sanctioning Authority by the owner of land. No development permission shall be given unless this condition is complied with.
(b) Upon surrendering such affected area the owner of the site would be entitled to a Transferable Development Right (TDR) as given in Rule-17.
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 concessions in setbacks including the front set-back (subject to ensuring a building line of 6m in respect of roads 30m and above, 3m in respect of roads 18m and below 30m and 2m in respect of roads less than 18m and subject to ensuring minimum side and rear setback of 2m in case of building of height up to 12m and 2.5m in case of buildings of height above 12m and up to 15m and 3m for buildings of height above 15 and up to 18m).
(c) The extent of concessions given shall be such that the total built up area after concession shall not exceed the sum of built up area allowed (as proposed) on total area without road widening and built up area equivalent to surrendered area.
(d) In case of plots less than 750sq.m in addition to concessions in setbacks and height, the cellar floor may be allowed keeping in view of its feasibility on ground.
(e) In case of High Rise Buildings the concessions in setbacks, other than the front setback would be considered subject to maintaining minimum clear setback of 7m on the sides and rear side and such minimum setback area shall be clear without any obstructions to facilitate movement or fire fighting vehicles and effective firefighting operation.
(f) The above concessions shall be considered at the level of Sanctioning Authority / Competent Authority. The Sanctioning Authority / Competent Authority may consider any other concession as deemed fit with the prior approval of Government.
### 17. Grant of Transferable Development Right.
(a) Transferable Development Right" (TDR) can be awarded only when such lands are transferred to the local body / Urban Development Authority as the case may be by way of registered gift deed. The award would be in the form of a TDR certificate issued by the Competent Authority / Sanctioning Authority.
(b) Grant of TDR can be considered by the Competent Authority / Sanctioning Authority for the following areas subject to the owners complying with the conditions of development above, as per the following norms:
(i) For the Master Plan Road / Road Development Plan undertaken and developed: equivalent to 200% of built up area of such area surrendered. For conservation and development of lakes / water bodies / nalas foreshores & Recreational buffer development with greenery, etc: equivalent to 100% of built up area of such recreational buffer area developed at his cost.
(ii) For Heritage buildings and heritage precincts maintained with adaptive reuse: equivalent to 100% of built up area of such site area.
(c) 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 issued would be valid or utilized / disposed only within the concerned local body area and as per guidelines and conditions prescribed.
(d) Guidelines On Transferable Development Right. - In order to adopt uniform guidelines throughout the State the following conditions and guidelines are prescribed.
(i) As and when the owner of the building intends to construct the building in the remaining area of the site, he is entitled to construct the building as per the provisions of these Building Rules. In the event the owner doesn't take up any construction, the owner is entitled for TDR which can be used $$disposed depending on convenience.
(ii) A composite Register shall be maintained by the Sanctioning Authority as per the proforma enclosed at Annexure -VIII on the award of TDR and its sale / disposal and utilization. A responsible officer shall be the custodian of the Register.
(iii) At the time of sale / disposal / utilization of a particular TDR, the utilization details of the sale / disposal need to be entered at relevant columns in the register and that therefore the relevant file need to be referred to the custodian of the Register for making necessary entries in the register. The custodian is held responsible to enter relevant details in the register and also to enter utilization details in the TDR. When TDR Certificate is sold / utilized totally, the same shall be surrendered by the owners and the custodian shall take possession of the Certificate and make necessary entries in the register. As per Government Orders, TDR award is to be arrived on the basis of relevant land value at both export and import areas as per prevailing Registration value.
(iv) TDR can either be sold or can be utilized by the same owner depending on convenience.
(v) TDR can be allowed to be utilized for construction of one additional floor over the normal permissible floors without insisting additional setbacks subject to compliance of other norms.
(vi) Every TDR sold or disposed shall be accompanied by a prescribed agreement on Rs.l00/ - non-judiciary stamp paper between the person disposing the TDR and the person who intend to utilize the TDR. Draft agreement as per Annexure - XI.
(e) Documents Required With Application For Grant Of Transferrable Development Right Certificate:
Application to be made by owner in the prescribed format giving the following details:
(i) Name of the owner with clear address, contact phone number, etc.
(ii) Copy of the ownership documents along with clear site plan and location plan.
(iii) Site Plan showing the land surrendered, its extent, location with dimensions.
(iv) Building permission Plan for the site by the urban local body.
(v) Details of Building permission granted / applied for like use or purpose of building, number of floors permitted, all-round setbacks, floor area permitted and utilized, parking area permitted; etc.
(vi) Whether already benefit of relaxations been utilized for the site?
(vii) Whether any Court case is pending against Urban Local Body?
(viii) Land value of the site where TDR is to be availed (latest copy from concerned Sub Registrar to be enclosed)
(ix) TDR admissible in terms of sq.m and equivalent land value.
### 18. Urban Design and Architectural Control.
- For certain areas as well as sites abutting major roads of 30m and above, the Competent Authority may enforce urban design and architectural control. These shall be detailed out keeping in view the development conditionalities 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 Competent Authority shall be complied with.
### 19. Building Permit / License Fees.
(a) The Sanctioning 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.
(b) In case of rejection of building application, the above initial fees would be forfeited.
(c) No fees and charges would be levied for parking spaces provided in any floor.
(d) The permission is valid for 5years in case of High Rise Buildings & Group Development Schemes and 3years in case of Non High Rise Buildings subject to condition that the construction shall be commenced with in 18 months. The permission can be revalidated for another 2years on payment of building permit fee.
### 20. 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 System / Multi Modal Transit System / Bus Rapid Transit System route indicated in the Master Plan, at the rates and procedure prescribed by the Government.
### 21. City Level Infrastructure Impact Fees Applicable In Certain Cases.
(a) With a view to ensure development of City Level Infrastructure facilities and the City Level Infrastructure Impact Fees shall be levied as given in the table below:
Table - VI
| | |
| --- | --- |
|
Areas
|
Height (No. of Floors), Use of the Building and
Rate in Rs. per sq. m of Built Up Area
|
|
Above 15 m & up to 7 floors
|
Above 7 floors & up to 10 floors
|
Above 10 floors & up to 17 floors
|
Above 17 floors
|
|
Residential
|
Commercial, Offices, ITES, Institutional,
Educational & Others (except Industrial)
|
Residential
|
Commercial, Offices, ITES, Institutional,
Educational & Others (except Industrial)
|
Residential
|
Commercial, Offices, ITES, Institutional,
Educational & Others (except Industrial)
|
Residential
|
Commercial, Offices, ITES, Institutional,
Educational & Others (except Industrial)
|
|
1
|
2(a) |
2(b) |
3(a) |
3(b) |
4(a) |
4(b) |
5(a) |
5(b) |
|
HMDA Area
|
|
GHMC
Municipalities
G.P Areas
|
500
250
175
|
1000
500
250
|
750
500
350
|
1500
1000
500
|
1500
1000
750
|
2500
2000
1000
|
3000
2000
1500
|
5000
4000
2000
|
|
UDA Areas
|
|
Municipal
Corporations
Rest of the UDAs
|
350
175
|
500
350
|
500
350
|
1000
500
|
1000
750
|
2000
1000
|
2000
1500
|
3000
2000
|
|
Other than UDA Areas
|
|
Municipal
Corporations
Municipalities
Sel/Spl/1st grade
2nd/3rd/N.Ps/ G.Ps
|
350
150
100
|
500
350
200
|
500
250
200
|
800
500
300
|
1000
400
300
|
1500
1000
500
|
2000
800
500
|
2000
1500
1000
|
(b) For The first 15m height of the building (excluding stilt floor) there will be no levy of City Level Impact Fee.
(c) In case of Multiplexes the rates given in the Multiplex Rules shall be applicable.
(d) The Government may revise the above rates from time to time.
(e) The above rates shall not be applicable for Government Departments and Public Agencies like Urban Development Authority, Andhra Pradesh Industrial Infrastructure Corporation (APIIC), Local Bodies and Hyderabad Metropolitan Water Supply & Sewerage Board (HMWSSB). This exemption shall not be applicable for commercial projects taken up by such agencies.
(f) The amount levied and collected under the above Rule shall be credited and maintained in a separate escrow account by the concerned sanctioning authority and 50% of it shall be utilised for development of infrastructure in the same area and balance amount is to be utilised towards improvement of city level capital infrastructure in the area. An Infrastructure Plan and Action Plan for implementation is required to be undertaken by the Competent Authority and the said Fund is utilised accordingly.
### 22. Incentives For Owners Leaving More Setbacks / Installing Solar Heating System / Lighting / 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:
(i) Install and use solar heating and lighting system: 10% rebate.
(ii) Undertake both recycling of waste water and rain water harvesting structures: 10% rebate.
### 23. Technical Approval From The Competent Authority.
(a) Hyderabad Metropolitan Development Authority (HMDA) / Urban Development Authority (UDA) Areas:
In case of areas falling under the jurisdiction of HMDA / UDA, the development control powers shall be as per the delegation issued by the concerned HMDA / UDA from time to time.
(b) Areas not covered under HMDA / UDA Areas:
(i) Where the Town Planning Section Head is below the cadre of Deputy Director, the Sanctioning Authority is empowered to sanction the building permission up to 10m height in plot area up to 300sq.m, in the sites where the proposed activity is permissible in normal course as per Zoning Regulations.
If the site area is above 300sq.m and up to 1000sq.m. prior
Technical Approval from the concerned Regional Deputy Director shall be obtained where the proposed activity is permissible in normal course as per Zoning Regulations.
(ii) Where the Town Planning Section Head is in the cadre of Deputy Director or above, the Sanctioning Authority is empowered to sanction the building permission in plot area up to 1000sq.m, in the sites where the proposed activity is permissible in normal course as per Zoning Regulations.
(iii) Other than (i) & (ii) above the proposals of building approvals shall be submitted to The Director of Town and Country Planning for prior Technical Approval.
(iv) In the Gram Panchayat areas covered under sanctioned General Town Planning (GTP) Scheme the Sanctioning Authority is empowered to sanction the individual residential building permission up to 10m height in plot area up to 300sq.m, in the sites where the proposed activity are permissible in normal course as per Zoning Regulations. In respect of other cases prior Technical Approval shall be obtained from the Competent Authority i.e. Director of Town & Country Planning.
(v) In Case of Group Development, Group Housing Schemes like Cluster Housing / Row Housing / Semidetached Housing Schemes and Gated Community, Technical approval from the Competent Authority is required to be obtained.
### 24. High Rise Building Committee.
- The following committees shall be constituted for scrutiny of High Rise Building applications.
(a) Greater Hyderabad Municipal Corporation (GHMC)/Greater Visakhapatnam Municipal Corporation (GVMC)/Vijayawada Municipal Corporation (VMC).
| | | |
| --- | --- | --- |
|
1. Chief City Planner / Town Planning Section Head
|
:
|
Member Convener
|
|
2. Engineering Section Head
|
:
|
Member
|
|
3. Director of Town & Country Planning (DT&CP) or his
nominee
|
:
|
Member
|
|
4. Town Planning Section Head of Urban Development Authority
(UDA) or his nominee
|
:
|
Member
|
The Committee shall give the recommendations to the Commissioner.
(b) Hyderabad Metropolitan Development Authority (HMDA)/All Urban Development Authorities (UDA) (Other than the area covered in "a" above.)
| | | |
| --- | --- | --- |
|
1.
Head of the Town Planning wing of concerned UDA
|
-
|
Member Convener
|
|
2.
Town Planning Section Head or his nominee of concerned ULB
|
-
|
Member
|
|
3.
Engineering Section Head of concerned UDA / ULB
|
-
|
Member
|
|
4.
Director of Town & Country Planning or his nominee.
|
-
|
Member
|
The Committee shall give the recommendations to the Metropolitan Commissioner / Vice Chairman.
(c) Other Municipal Corporations / Municipalities / Nagar Panchayats. (Other than the area covered in (a) & (b) above i.e. DT&CP Jurisdiction)
| | | |
| --- | --- | --- |
|
1. Commissioner of concerned ULB
|
-
|
Member
|
|
2. Regional Deputy Director of Town Planning
|
-
|
Member
|
|
3. Superintendent Engineer Public Health
|
-
|
Member
|
|
4. Town Planning Section Head of concerned ULB
|
-
|
Member Convener
|
|
5. Senior Practising Architect / Planner
nominated by DT&CP
|
-
|
Member
|
The Committee shall give the recommendations to the Director of Town & Country Planning.
(d) Gram Panchayats covered in Sanctioned Master Plan Area. (Other than the area covered in (a), (b) & (c) above i.e. DT&CP Jurisdiction)
| | | |
| --- | --- | --- |
|
1. Regional Deputy Director of Town Planning
(RDDTP) |
-
|
Member Convener
|
|
2. Superintendent Engineer Public Health
|
-
|
Member
|
|
3. Senior Practising Architect / Planner
nominated by DT&CP
|
-
|
Member
|
The Panchayat Secretary shall submit the proposal through the concerned Regional Deputy Director of Town Planning (RDDTP) to place before the committee and the committee shall give the recommendations to the Director of Town & Country Planning.
The guidelines for Nomination of Senior Practising Architect / Planner shall be followed as mentioned in Annexure - XII.
### 25. Compliance By Owner For Ensuring Construction Is Undertaken As Per Sanctioned Plan.
(a) The owner and builder / developer shall give an Affidavit duly notarised to the effect that in the case of any violation from the sanctioned building plan, the Enforcement Authority can summarily demolish the violated portion.
(b) 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.
(c) Before 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 / Certified copy issued by Stamps and Registration Department for the perusal of the sanctioning authority and cross verification with the attested copy submitted with the building application.
(d) The owner is required to hand over 10% of the built-up area in the ground floor or first floor or the second floor, as the case may be, to the sanctioning authority by way of a Notarised Affidavit. In respect of row houses / detached houses / cluster housing 5% of the units shall be handed over by way of notarised affidavit to the sanctioning authority. The Notarised 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.
(e) Individual buildings in plots up to 200sq.m with height up to 7m in respect of Municipal Corporations including Greater Hyderabad Municipal Corporation (GHMC) and 300sq.m with height up to 7m in respect of Municipalities / Nagar Panchyats are exempted from the conditions (c) & (d) above.
### 26. Occupancy Certificate.
(a) 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 100sq.m with height up to 7m obtaining Occupancy Certificate is optional.
(b) The owner shall submit a notice of completion through the registered architect and licenced builder / developer along with prescribed documents and plans to the Sanctioning Authority. The Sanctioning Authority or the person authorized, on receipt of such notice of completion shall undertake inspection with regard to the following aspects:
(i) \*No. of Floors.
(ii) External setbacks.
(iii) Usage of the building.
(iv) Parking space provision.
(v) Abutting road width
\* The total height of the building may vary to a maximum of 1m with no change in the permitted number of floors subject to compliance of fire service norms.
(c) The Sanctioning Authority shall communicate the approval or refusal of the Occupancy Certificate within 15days or may issue the same after levying and collecting compounding fee, if any. If the authority fails to issue the occupancy certificate within the above stipulated period the responsibility shall be fixed with the concerned officer who fails to process the file.
(d) The Sanctioning Authority is empowered to compound the offence in relation to setbacks violations (other than the front setback) in respect of non high rise buildings only up to 10%, duly recording thereon the violations in writing. The rate of Compounding fee shall be equivalent to one hundred percent of the value of the land as fixed by the Registration Department at the time of compounding for the violated portion 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.
(e) For all high rise buildings, the work shall be subject to inspection by the Andhra Pradesh State Disasters Response & Fire Services Department and the Occupancy Certificate shall be issued only after clearance from the Andhra Pradesh State Disasters Response & Fire Services Department with regard to Fire Safety and Protection requirements.
(f) The sanctioning authority shall ensure that all public and semi public buildings are constructed disable friendly and provide facilities for specially enabled persons as per National Building Code -2005 of India while issuing occupancy certificate.
(g) 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 is produced, or alternatively may charge 3 times the tariff 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.
(h) 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. 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.
(i) The financial agencies / institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan.
### 27. Enforcement.
(a) In addition to the enforcement powers and responsibilities given in the respective laws of the local authority, in respect of these Rules:
(i) The Enforcement Authority concerned shall be wholly and severally responsible for ensuring and maintaining the right of way / width of the road and building restrictions as given in these Rules.
(ii) The Enforcement Authority shall summarily remove any violation or deviation in building construction in maintaining the road widths and building line.
(iii) In respect of apartment complexes, shopping complexes and all high rise buildings, periodical inspections shall be carried out indicating the stage of work with reference to sanctioned plan. In case of any deviations from the sanctioned plan, necessary action shall be taken as per rules.
(iv) Any person who whether at his own instance or at the instance of any other person or anybody including the Government Department undertakes or carries out construction or development of any and in contravention of the statutory master plan or without permission, approval or sanction or in contravention of any condition subject to which such permission or approval or sanction has been granted shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten percent of the value of land or building including land in question as fixed by the Registration Department at the time of using the land or building. Provided that the fine imposed shall, in no case be less than fifty percent of the said amount.
(b) 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 amendments to the corresponding Acts if required.
(c) 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.
### 28. Limitations of Building Sanction.
- Sanction of building permission by the Sanctioning Authority shall not mean responsibility or clearance of the following aspects:
(a) Title or ownership of the site or building.
(b) Easement Rights.
(c) Structural Reports, Structural Drawings and structural aspects.
(d) Workmanship, soundness of structure and materials used,
(e) Quality of building services and amenities in the construction of building.
(f) Other requirements or licences or clearances required for the site / premises or activity under various other laws.
### 29. Licensing of Real Estate Companies, Developers, Builders, Town Planners, Engineers & Other Technical Personnel Mandatory.
(a) The Licencing of Real Estate Companies, Developers & Builders shall be in accordance with the rules as per Annexure - IX.
(b) The Licencing of Architects, Engineers, Supervisor, Surveyor and Structural Engineer & Town Planners shall be as per the Annexure - X.
(c) No developer / builder / real estate firm or company / engineer / town planner/other technical personnel shall be allowed to undertake development/do business / practise in a Municipal Corporation / Urban Development Authority / Municipality / Nagar Panchayat Area unless they are licenced with the sanctioning authority of the respective area.
(d) Architects shall be required to be registered with the Council of Architecture.
(e) The engaging of the services of a licenced developer / builder shall be mandatory for Apartment Buildings, Group Housing, all types of Group Development Schemes, all High-Rise Buildings and all Commercial Complexes.
Developments undertaken for construction of individual residential houses, educational/institutional/industrial buildings and developments undertaken by public agencies are exempted from the above condition.
(f) Any developer / builder undertaking development or any firm doing property business in any Municipal Corporation / Urban Development Authority / Municipality / Nagar Panchayat or soliciting property sale/transactions or advertising as such in case of above, shall necessarily mention the details of it's licence number, licence number of the licenced developer to whom the approval is given by the said Municipal Corporation / Urban Development Authority / Municipality / Nagar Panchayat, together with the permit number and it's validity for information and verification of public / prospective buyers.
(g) Absence of the above or suppressing of the above facts or in the case of other licences and other technical personnel who violate the conditions would invite penal action including debarring of the real estate firm / development firm / company from practise in the local authority area for 5 years besides prosecution under the relevant laws / code of conduct by the sanctioning authority.
(h) Any licenced developer / builder / other technical personnel who undertake construction in violation of the sanctioned plans shall be blacklisted and this would entail cancellation of their licence besides being prosecuted under the relevant laws / code of conduct.
| |
| --- |
|
Greater Hyderabad Municipal Corporation
Hyderabad Division
|
|
Annexure-I(SeeRule-4)
|
|
List of Old/ Existing Built-Up Areas/
Congested Areas/ Settlement/ Gram Khantam/ Abadi
|
|
Sl.No.
|
Ward No.
|
Block No.
|
Name
of the Locality / Area
|
|
1
|
2
|
3
|
4
|
|
1
2
3
4
5
6
7
8
9
10
|
13
14
16
17
18
19
20
21
22
23
|
1, 2, 3
1 to 22
3 to 9
3 to 8
5 to 9
1 to 2
1 to 7
1 to 7
1 to 8
1 to 6
|
Mustaidpura, Dhulpet, Ziaguda, Mangalhat, Kulsumpura, Karwan
Dhulpet, Goshamahal, Shahinyathgunj, Chudibazar.
Chanchalguda, Malakpet, Azampura, Old Malakpet, Dabirpura,
Chaderghat
Saidabad, Rainbazar, Eddibazar, Madannapet, Yakutpura,Kattalmandi
Bhavaninagar, Riasatnagar, Uppuguda, Sultanshahi, Mirzumla, Tank,
Aliabad.
Ghatakanipura, Doodbowli, Fateh Darwaza.
Ghatakanipura, Doodbowli, Fateh Darwaza.
Madinabazar, Ladbazar, Petlaburz, Patelmarket, Ghansibazar.
Sultanpura, Noorkhan Bazar, Purani Haveli.
Mogulpura, Haribowli etc
|
| |
| --- |
|
Secunderabad
Division
|
|
Annexure-I
(See Rule-4)
|
|
List of Old/ Existing Built-Up Areas/
Congested Areas/ Settlement/ Gram Khantam/ Abadi
|
|
Sl.No.
|
Ward No.
|
Block No.
|
Name of the Locality / Area
|
|
1
2
3
4
5
|
I
III
II
VII
VIII
|
3 to 6
1, 2, 3
1, 4, 5
1, 2, 3
1 to 3
|
Kalasiguda, General Bazar etc.
Avula Mandi, Angreji Bazar.
Ramgopalpet, Market Street
Monda Market, Ghas Mandi etc.
Sivajinagar, Second Bazar
|
|
2. All notified slum
areas and EWS Housing areas
3. Outside Erstwhile M.C.H. Area:
|
|
i
ii
|
|
|
All Village settlements / Abadi areas
Moulali area Jagadgirigutta, Suraram and all other slum areas and
Ews Housing Areas
|
| |
| --- |
|
Hyderabad
Division
|
|
Annexure-II
(SeeRule-4)
|
|
List of Areas Prohibited for High Rise
Buildings
|
|
Sl. No
|
Ward No.
|
Block No.
|
Name of the Locality / Area
|
|
1
|
2
|
3
|
4
|
|
1
2
3
4
5
6
7
8
9
10
11
|
1
2
3
4
5
6
7
10
11
12
15
|
3 to 9
1, 2 & 4
1 to 5
2, 4, 6, 8.
1 to 3
5 to 8
2
3
1
1, 4, 5
1 to 4
1
1 to 5
7 to 9
|
Kavadiguda,
Bholakpur, Bakaram, Musheerabad, Zamistanpur, Azamabad, Bagh
Lingampally, Ramnagar, Adikme
Nallakunta,
Shankermath, Bagh Amberpet, Golnaka Vidyanagar, Tilaknagar.
Nimboliadda,
Lingampally, Old M.L.A. Quarters, Qutbiguda.
Gowliguda,
Sultanbazar.
Koti, Jambagh,
Troopbazar.
Malakunta,
Goshamahal, Agapura, Mangalhat, Kazani Hospital.
Part Chintalbasti &,
Khairtabad.
Punjagutta
Ameerpet
2nd Lancer, Humayun
Nagar, Ahmednagar, Masab Tank, Chintalbasti Part.
Mallepally,
Bazarghat, Niloufer Hospital Shantinagar
Mehdipatnam,
Guddimalkapur, Asifnagar.
Afzalgunj,
Begumbazar, Bus Depot,
Osmanshani, Fheelkhana.
|
|
Secunderabad Division
|
|
Annexure-II
(See Rule-4)
|
|
List of Areas Prohibited for High Rise Buildings
|
|
Sl. No
|
Ward No.
|
Block No.
|
Name of the Locality / Area
|
|
1
|
2
|
3
|
4
|
|
1
2
3
4
5
6
7
|
IV
V
VIII
IX
X
XI
XII
|
1 to 6
1
2, 3, 4, 5, 6
2 and 3
1, 3, 5
1 to 4
1, 2, 5, 8 & 10
|
Chitrani Theatre/Hill
Fort area
James Street.
Bansilalpet, Boiguda,
Kavadiguda.
Regimental Bazar.
Marredpally, Tukaram
Gate, East Maredpally.
Sitapalmandi,
Chilkalguda, Parsigutta.
Lalapet, Lalaguda, Boudhanagar, Malkajgiri
Municipality, Chandanagar, Lingampally, Kukatpally APHB Phase I &
II, Kamalanagar and Khusaiguda
|
|
In Erstwhile MCH Area (Except plots abutting 30
M and above roads - this condition will not be applicable to the
areas mentioned at S.No.3 below)
|
|
a
b
c
d
e
f
g
h
I
j
A
B
C
|
|
|
All Areas Mentioned
in Annexure I.
Secunderabad Area
Ward Nos. I,(P) Blocks 1,2,3,4,5,6&7.Wards II, III, IV
Complete.
Banjara Hills-Jubilee
Hills Area and Areas Ward No. 8 Blocks 1, 2 and 3 (Part) .
Ward Nos. 4, 5, 11,
14 and 15 (Complete) .
Ward Nos. 1 and 7 and
8 (Complete) .
Ward No. 3 Block No.
2, 3 and 4.
Area around Charminar
covered by Ward Nos. 20, 21, 22 and 23 Complete.
Falaknuma Area
Covered by Ward No. 19 Block No. 4.
Golconda Fort Area
covered by Ward No. 9 Block Nos. 1, 2, 3, 4, 6, 8, 10 and 11
(Complete) .
Asmangadh Area
covered by Ward No 16 Block No 2 Outside Erstwhile MCH Area
All Village
Settlement Areas.
Areas Covered by
G.O.Ms.No.111 MA, dated 08.03.1996 (Protection of Catchment areas
of Osmansagar and Himayatsagar lakes)
1 km from the
Boundary of Proposed International Airport, Shamsabad
1 km from boundary of all Defense Airports and
Defense Establishments
|
|
4. Sky Scraper Zone
|
|
|
|
|
The Minimum Height of
Buildings permissible in this Zone is 12 floors (36m) and above.
The Minimum Plot Size shall be 4000 Sq.m and the
minimum approach road shall be 24m
|
|
Areas permissible for Sky Scraper Zone (as per
HUDA/HADA/CDA Master Plan):
|
|
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
|
|
|
All along the Inner
Ring Road outside Erstwhile MCH limits.
Along River Musi
outside Erstwhile MCH limits as per special regulations of HUDA.
Gachi Bowli - Raidurg
- Khajaguda - Manikonda Area.
South of
International Airport - Mankhal - Bagh Mankhal - Harshagudem
Area.
APHB Singapore
Township - Rampally- Ghatkesar.
Kollur -
Edulanagupallii - Velimella - Nanakramguda - Gopanpalli Area.
Nallagandla -Tellapur
Area.
Miyapur - Aminpur -
Sultanpur Area.
All Sites Abutting
Proposed 29 Radial Roads outside Erstwhile MCH limits as per
special regulations of HUDA.
All along the Outer
Ring Road up to a depth of 500 meters on either side in areas
other than those covered in G.O.Ms.No.111 MA, dated 08.03.1996.
1 km radius from MMTS Stations located in areas
other than in areas listed at 2 in Annexure II.
|
|
65ba04a6ab84c7eca86ea796 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Panchayat Raj (Election of Upa-Sarpanch of a Gram Panchayat) Rules, 2006
-----------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Panchayat Raj (Election of Upa-Sarpanch of a Gram Panchayat) Rules, 2006
=========================================================================================
Rule ANDHRA-PRADESH-PANCHAYAT-RAJ-ELECTION-OF-UPA-SARPANCH-OF-A-GRAM-PANCHAYAT-RULES-2006 of 2006
---------------------------------------------------------------------------------------------------
* Published on 10 May 2006
* Commenced on 10 May 2006
Andhra Pradesh Panchayat Raj (Election of Upa-Sarpanch of a Gram Panchayat) Rules, 2006
Published vide Notification No. G.O. Ms. No. 172, Panchayat Raj & Rural Development Department, dated 10.05.2006
Last Updated 12th September, 2019
No. G.O. Ms. No. 172. - In exercise of the powers conferred by clause (i) of sub-section (2) of section 268 read with sub-sections (9) and (10) of section 14 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994), and in supersession of the Rules issued in G.O.Ms.No.470, PRRD & R Dept, Dated 5.6.1995, the Governor of Andhra Pradesh hereby makes the following Rules relating to conduct of election of Upa-Sarpanch of Gram Panchayat.
### 1. Short title.
- These rules may be called the Andhra Pradesh Panchayat Raj (Election of Upa-Sarpanch of a Gram Panchayat) Rules, 2006.
### 2. Definitions.
(1) In these rules unless the context otherwise requires,
(a) "Act" means the Andhra Pradesh Panchayat Raj Act, 1994;
(b) "Form" means a Form appended to these rules;
(2) The words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
### 3. Convening of Special Meeting.
(1) The election of the Upa-Sarpanch of a Gram Panchayat shall be held in the Office of the Gram Panchayat on the same date on which the results of the ordinary election of the Gram Panchayat are published at a meeting of the Members specially convened for the purpose notice for which shall be given in Form-I.
Provided that the District Panchayat Officer or any person authorised by him may direct that the meeting for the election of the Upa-Sarpanch shall be held at such place as may be specified by him, other than the office of the Gram Panchayat if its office is located in the house of any Member of the Gram Panchayat or if it is not convenient to hold the meeting in the office of the Gram Panchayat:
Provided further that if for any reason the election of the Upa-Sarpanch is not held on the date aforesaid the special meeting for the election of Upa-Sarpanch shall be held on the next day whether or not it is a holiday observed by the Gram Panchayat:
Provided also that the State Election Commissioner may from time to time, for the reasons to be recorded in writing, direct or permit the holding of the election of the Upa-Sarpanch on any other day.
(2) The meeting referred to in sub-rule (1) shall be presided over by the Returning Officer appointed for conducting ordinary election to the office of Sarpanch and Ward Members of the Gram Panchayat.
### 4. Quorum.
- The first and second meetings specially convened for the election of Upa-Sarpanch, shall not be held, unless there be present within one hour from the time appointed for the meeting not less than one-half of the total number of members of the Gram Panchayat inclusive of its Sarpanch. However, the subsequent Meeting or Meetings convened for this purpose, shall be conducted, even if there is no quoram.
Explanation. - In determining 'one-half of the total number of Members' under this sub-rule, any fraction arrived at, shall be construed as one.
### 5. Manner of Election.
(1) Any Member may propose only one of the Members for election as Upa-Sarpanch duly seconded by another. The names of all the candidates duly proposed and seconded shall be read out by the Presiding Officer of the meeting. The contesting candidates shall be given thirty minutes time for withdrawal.
(2) If there is only one validly nominated candidate he shall be declared to have been elected.
(3) If there are two or more candidates, an election shall be held by show of hands and votes of the members present at the meeting shall be taken.
(4) The Presiding Officer shall, thereafter, record the number of votes polled, for each such candidates ascertained by show of hands. He shall then announce the number of votes secured by each candidate and shall declare the candidate who secured the highest number of votes, as elected.
(5) In the event of there being an equality of votes among the candidates, the Presiding Officer shall draw lots in the presence of the members and the candidate whose name is first drawn shall be declared to have been duly elected.
(6) The candidate as also the Sarpanch shall also be entitled to vote at the election.
### 6. Record of Proceedings.
- Immediately after the meeting, the Presiding Officer shall, -
(a) prepare a record of the proceedings at the meeting and sign it, attesting with his initials every correction made therein and also permit any member present at the meeting to affix his signature to such record if he expresses his desire to do so; and
(b) publish a notice signed by him stating, the name of the person elected as Upa-Sarpanch on the notice board of the Gram Panchayat if there is one or in a conspicuous place in the village and send a copy of such notice to the District Panchayat Officer, District Collector, Commissioner of Panchayat Raj and State Election Commission. A copy of such notice shall also be given to the candidate who is declared elected as Upa-Sarpanch.
### 7. Filling up of casual vacancy.
(1) A casual vacancy in the Office of Upa-Sarpanch shall be filled within a period of thirty days from the date of occurrence of such vacancy:
Provided that before a casual election of Upa-Sarpanch is held every casual vacancy in the office of an elected member of a gram Panchayat shall be filled.
(2) A meeting of the Gram Panchayat for the purpose shall be convened by a person authorised by the District Panchayat Officer who shall be not below the rank of Revenue Inspector. Notice of the day and hour of meeting shall be given at least three clear days prior to the day of meeting in Form-II.
(3) Rules 4, 5 and 6 shall apply for filling up of a casual vacancy also in all other respects.
Form-I
(See Rule 3(1) )
Notice of the meeting for the election of Up-Sarpanch, Gram Panchayat
Notice is hereby given to Sri/Smt./Kum. ................................................. Sarpanch / Member of the Gram Panchayat ........................................... who has been declared as such in the ordinary election held today that a special meeting of the Sarpanch and Members of the Gram Panchayat will also be held today i.e., on (date) ..................... at (time) .................. at (place) ....................... for the election of the Upa-Sarpanch, Gram Panchayat.
If for any reason, election is not held on the aforesaid date, it shall be held at (time) ........................ on the next day i.e, on (date) ........................ whether or not it is a holiday observed by the Gram Panchayat.
The Sarpanch / Member is requested to make it convenient to attend the meeting.
| | |
| --- | --- |
|
Place:
|
Signature of Returning Officer
|
|
Date:
|
Designation.
|
To
Sri / Smt. / Kum............................................
Sarpanch / Member of Gram Panchayat.
Form-II
(See Rule 7 (2) )
Notice of the meeting for Casual Election of Up-Sarpanch, Gram panchayat
Notice is hereby given to Sri/Smt./Kum. ........................................................ Sarpanch / Member of Gram Panchayat ................................................. that a meeting of the Sarpanch / Members of Gram Panchayat will be held at (time) .................... on (date) ........................ at (place) .................................. for the election of Upa-Sarpanch to fill up the casual vacancy.
If for any reason, election is not held on the aforesaid date, it shall be held at the same time on the next day whether or not it is a holiday observed by the Gram Panchayat.
The Sarpanch / Member is requested to make it convenient to attend the meeting.
| | |
| --- | --- |
|
Place:
|
Signature of Returning Officer
|
|
Date:
|
Designation.
|
To
Sri / Smt./Kum. ........................................
Sarpanch / Member of Gram Panchayat
|
65badb3aab84c7eca86ec9be | acts |
State of Jharkhand - Act
--------------------------
Bihar Displaced Persons Government Premises (Rent, Recovery & Eviction) Act, 1954
-----------------------------------------------------------------------------------
JHARKHAND
India
Bihar Displaced Persons Government Premises (Rent, Recovery & Eviction) Act, 1954
===================================================================================
Act 17 of 1955
----------------
* Published on 3 August 1955
* Commenced on 3 August 1955
Bihar Displaced Persons Government Premises (Rent, Recovery & Eviction) Act, 1954
Act
17 of 1955
Presidents' assent first published in the Bihar Gazette of the 3rd August, 1955.
An act to provide for collection of rents from persons in occupation of Government premises and for eviction of persons from such premises in certain circumstances.
Be it enacted by the legislature of the State of Bihar in the Fifth Year of the Republic of India, as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Displaced Persons Government Premises (Rent Recovery and Eviction) Act, 1954.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context-
(a 'Allotment' means the grant, orally or in writing, by or on behalf of the State Government, of a right of use and occupation of any Government premises to any person but does not include a grant by way of lease;
(b) 'Competent authority' means any person be authorised by the State Government, by notification in the Official Gazette, to perform the functions of a competent authority under this Act for such area as may be specified in the notification;
(c) 'Displaced person' means a person displaced after the first day of March, 1947, from the territories now comprised in Pakistan, who is, for the time being, resident in the State of Bihar and been registered as a displaced person under any Act or Order of the State Government.
(d) 'Government premises' means any premises for displaced persons belonging to, or taken on lease or requisitioned by the State Government and include, such premises as dharamsalas, or private buildings, occupied by displaced persons-
(i) either under the orders of the State Government or any of its officers, or
(ii) without such orders or without the permission of the owner of such premises:
Provided that the State Government or its officers subsequently undertook to meet the cost of repairs or maintenance of such premises or to pay the rent and taxes thereof;
(e) 'Premises' means any building or part of a building and includes-
(i) the garden, grounds and outhouses, if any, appertaining to such building or part of a building;
(ii) any furniture supplied by the landlord for use in such building or part of a building; and
(iii) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof;
(f) 'Prescribed' means prescribed by rules made under this Act;
(g) 'Rent' shall have the meaning assigned to it in the Transfer of Property Act, 1882 (IV of 1882) and includes ground rent, municipal tax or any other amount payable by any allottee for use and occupation of premises; and
(h) 'Unauthorised occupation' means the occupation of Government premises by any person either without any allotment or after an allotment has been cancelled under Section 3.
### 3. Cancellation of allotment.
- Notwithstanding anything contained in any other law for the time being in force, the competent authority may, for reasons to be recorded, cancel any allotment under which any Government premises is held or occupied by a person:
Provided that before cancelling the allotment under this section, the competent authority shall communicate to the person whose allotment is sought to be cancelled the grounds on which it is proposed to take action and require him to show cause within seven days why the allotment should not be cancelled.
### 4. Power to evict certain persons from Government premises.
- Notwithstanding anything to the contrary contained in law for the time being in force, if the competent authority is satisfied-
(a) that the person authorised to occupy any Government premises has, whether before or after the commencement of this Act,-
(i) sublet, without the permission of the State Government or of the competent authority, the whole or any part of such premises, or
(ii) committed or is committing such acts of waste as are likely to effect materially the value or utility of the premises, or
(iii) otherwise acted in contravention of the terms, express or implied, under which he is authorised to occupy such premises, or
(b) that any person is in unauthorised occupation of any Government premises, the competent authority may order that, that person as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate the premises within fifteen days of the date of service of the notice; and if any person refuses or fails to comply with such order, the competent authority may evict that person from, and take possession of, the premises, and may for the purpose use such force as may be necessary;
Provided that before passing an order under this section, the competent authority shall communicate to the person concerned the grounds on which it is proposed to pass the order and require him to show cause within seven days why the order should not be passed.
### 5. Power to recover damages.
(1) Where any person is in unauthorised occupation of any Government premises, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the premises as it may deem fit, and may, by notice served by registered post or otherwise order that person to pay the damages within such time as may be specified in the notice.
(2) Where any person in occupation of any Government premises commits such acts of waste as are likely to affect materially the value or utility of the premises, the competent authority may, by notice served by registered post or otherwise, order that person to pay such damages as may be assessed by such authority within such time as may be specified in the notice.
(3) If any person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered as arrears of land revenue.
### 6. Notice of demand for rents not paid.
(1) Where an arrear of rent is payable by any person for occupation of Government premises, the competent authority may at any time after thirty days from the date on which the rent accrued due, serve or cause to be served upon the person, the amount payable by him and the Government premises in respect of which it is due.
(2) The notice of demand shall be signed by the competent authority.
### 7. Recovery of rent.
- If the arrears of rent for which notice of demand has been served are not paid to the competent authority within thirty days from the date of service or such extended period as the competent authority may allow, such arrears with all costs of recovery shall be recoverable as arrears of land revenue and the person liable to pay the same shall, for the purposes of Section 4, be deemed to be in unauthorised occupation of the Government premises concerned.
### 8. Appeal.
(1) Any person aggrieved by any order of the competent authority under this Act may, within fifteen days of such an order appeal to the State Government:
Provided that the State Government may entertain the appeal after the expiry of the said period of fifteen days, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the State Government may, after calling for a report from the competent authority and after hearing the appellant and making such further enquiry, if any, as may be necessary, pass such orders as may be deemed proper and the orders of the State Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the State Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it think fit.
### 9. Retrospective application of the Act to arrears of rent.
- Notwithstanding anything to the contrary contained in any law for the time being in force, every arrear of rent payable by any person before the commencement of this Act for use and occupation of any Government premises shall, for the purpose of its recovery, be deemed to have accrued due on the date of such commencement and the provisions of this Act relating to recovery of rent shall apply to such arrears,
### 10. Bar of jurisdiction of Civil Courts.
- No order made or action taken by the State Government or the competent authority in the exercise of any power conferred by or under this Act shall be called in question in any Court and no injunction shall be granted by any Court or other authority in respect of any order made or action taken or to be taken in pursuance of any power conferred by or under this Act.
### 11. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against the State Government or the competent authority or any officer subordinate to them in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.
### 12. Delegation.
- The State 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 an officer specially empowered in this behalf by the State Government:
Provided that the powers under Section 8 shall not be delegated to an officer below the rank of Additional District Judge.
### 13. Penalty.
- Any person who contravenes any provision of this Act or of any rule or order made thereunder or obstructs the lawful exercise of any power conferred by or under this Act, or who abets such contravention or obstruction, shall, without prejudice to recovery of damages under Section 5, be punishable by both imprisonment which may extend to six months or fine which may extend to one thousand rupees or with both.
### 14. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form of notice and the manner in which it may be served;
(b) the procedure to be followed in taking possession of Government premises;
(c) the manner in which damages for unauthorised occupation may be assessed;
(d) the manner in which appeals may be preferred and the procedure to be followed in appeals;
(e) the fees to be paid on petitions and memorandums of appeal; and
(f) any other matter which has to be, or may be, prescribed.
|
65b96bb9ab84c7eca86e9115 | acts |
State of Bihar - Act
----------------------
Bihar Private Medical Colleges (Taking Over) Act, 1978
--------------------------------------------------------
BIHAR
India
Bihar Private Medical Colleges (Taking Over) Act, 1978
========================================================
Act 5 of 1978
---------------
* Published on 24 April 1978
* Commenced on 24 April 1978
Bihar Private Medical Colleges (Taking Over) Act, 1978
Bihar Act
[No. 5 of 1978
]
Last Updated 31st January, 2020
[Dated 24.04.1978]
An Act to provide for the taking over by the State Government of all Private Medical Colleges of the State of Bihar
Be it enacted by the Legislature of the State of Bihar in the Twenty-Ninth Year of the Republic of India as follows: -
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Private Medical Colleges (Taking Over) Act, 1978.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
### 2. Definitions.
- In this Act unless the context otherwise requires
(a) "College" means a Private Medical College which has been permitted to function under the Bihar Medical Educational Institutions (Regulation and Control) Ordinance, 1978 (Bihar Ordinance No. 40 of 1978);
(b) "College body" means any Association or Managing Committee registered under the Societies Registration Act, 1860 (Act XXI of 1860) or otherwise in which the management and/or ownership of Private Medical College has been vested immediately before coming into force of the Bihar Private Medical Colleges (Taking Over of Management) Ordinance, 1978 (Bihar Ordinance No. 31 of 1978);
(c) "Board of Control" in relation to a College, means a Board of Control appointed for the College under sub-section (1) of Section 3 of the Bihar Private Medical Colleges (Taking Over of Management) Ordinance, 1978 (Bihar Ordinance No. 31 of 1978);
(d) "Notified order" means an order notified in the Official Gazette; and
(e) "Prescribed" means prescribed by rules made under this Act.
Chapter II
Taking over of Private Medical Colleges
-------------------------------------------------------
### 3. (1) The State Government may, by a notified order and from the date mentioned therein take over a College and r-e management and control thereof shall thereupon be exercised by the State Government in such manner as may be laid down in the said order.
(2) All the assets and properties of the College and the College body whether movable or immovable including lands, buildings, workshops, stores, instruments, machinery, vehicles, cash balance, reserve fund, investments, taxes, furniture and others shall, on the date of take over, stand transferred to and vested in, and be deemed to have come into the possession of the State Government.
(3) All the liabilities and obligations of the College under any agreement or contract entered into bonafide before the date of taking over shall devolve and shall be deemed to have devolved on the State Government.
### 4. Effect of notified order issued under Section 3.
- On the issue of a notified order under Section 3-
(a) The Board of Control constituted under the Bihar Private Medical Colleges (Taking Over of Management) Ordinance, 1978 (Bihar Ordinance No. 31 of 1978) shall be deemed to have been dissolved :
Provided that the State Government may appoint any person to perform the functions and duties of the Board of Control under the direction and control of the State Government until such time as alternative arrangement be made by the State Government.
(b) Any Association or Managing Committee registered under the Societies Registration Act, 1860 (Act XXI of 1860) or otherwise in which the management and/ or ownership of a College had been vested immediately before coming into force of this Act shall cease to have any control, right, authority, title or interest in any manner whatsoever over the College.
(c) As from the date of the notified order or as soon as may be after such date, the State Government shall take all such steps as may be necessary to take into its control and possession, all such properties, assets and effects mentioned in subsection (2) of Section 3 and all actionable claims relating to the College to which, anybody who may be or appear to be entitled.
### 5. Contracts in bad faith may be cancelled or varied.
- Without prejudice to the provisions contained in Section 4, the State Government may cancel or vary any contract or agreement entered in to at any time before the issue of the notified order under sub-section (1) of Section 3 between the College body and any other person or between the Board of Control and any other person, if the State Government is satisfied that such contract or agreement were malafide and entered into in bad faith and was detrimental to the interest of the College.
### 6. Determination of terms of the teaching staff and other employees of the College .
- As from the date of the notified order, all the State employees in the College shall cease to be the employees of the College body :
Provided that they shall continue to serve the College on an ad hoc basis till a decision under sub-sections (3) and (4) is taken by the State Government.
(2) The State Government will set up one or more Committee of experts and knowledgeable persons which will examine the biodata of each member of the teaching staff and ascertain whether appointment, promotion or confirmation was made in accordance with the University Regulations and in keeping with the guidelines laid down by the Medical Council of India and take into consideration all other relevant materials including length of service in the College, and submit its report to the State Government.
(3) The State Government on receipt of the report of the Committee or Committees, as the case may be, will decide in respect of each member of teaching staff on the merits of each case, whether to absorb him in Government service or whether to terminate his service or to allow him to continue on an ad hoc basis for a fixed or on contract and shall, where necessary redetermine the rank, pay, allowances and other conditions of service.
(4) The State Government shall similarly determine the term of appointment and other conditions of service of other categories of staff of the College on the basis of facts to be ascertained either by a Committee or by an officer entrusted with the task and the provisions of sub-sections (2) and (3) shall apply mutatis mutandis to such cases.
### 7. Compensation.
- If any question of payment of compensation arises consequent upon the taking over of the College by the State Government, then a sum not exceeding rupee one shall be payable after if is scrutinised and determined.
Chapter III
Miscellaneous
------------------------------
### 8. Duty to deliver possession of property and documents.
(1) Where notified order has been made under sub-section (1) of Section 3 in relation to any College, every person having possession, custody or control of any property of the College shall deliver the property to the State Government or to any person as may be authorised by the State Government in this behalf.
(2) Any person who, on the date of the notified order, has in his possession or under his control any books, documents or other papers relating to the college, including any letter, memoranda, notes or other papers not withstanding anything contained in any law for the time being in force, be liable to account for the said books, documents and the aforesaid other papers to the State Government or to any such person as may be authorised by the State Government in this behalf.
(3) The State Government may take all necessary steps for securing possession of all properties of the College and College Body and for reasons to be recorded take or cause to be taken such steps or use or cause to be used such force as may be necessary for securing possession or preventing a breach of the peace.
### 9. Penalty for false statements.
(1) If any person-
(a) when required by this Act or any order made under this Act to make any statement or furnish any information refuses to make such statement or furnish the required information, or makes statement or furnishes information which is false in any material particular or which he knows or believes to be false or does not believe the same to be true, or
(b) makes any statement which is false or which he does not believe to be true in any book, account, return or other document which he is required by any order made under the Act to submit;
he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand and five hundred rupees or with both.
### 2. Any person who - (a) having in his possession, custody or control any property forming part of the assets of the College, College Body or of the Board of Control, wrongfully withholds such property from the State Government, or
(b) wrongfully obtains possession of any property forming part of the assets of the College, College Body or Board of Control, or
(c) wilfully withholds or fails to produce or hand over to any person authorised by the State Government any register, record or other document which may be in his possession, custody or control, or
(d) fails without any reasonable cause, or submit any accounts, book, or other documents, when required to do so,
shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand and five hundred rupees or with both.
### 10. Cognizance of offence.
- No court shall take cognizance of an offence punishable under this Act except with the previous sanction of the State Government or an officer authorised by the State Government in this behalf.
### 11. Protection of action taken under this Act.
- No suit, prosecution or other legal proceedings shall lie against the State Government or any officer or employee of the State Government for anything which is, in good faith done or intended to be done under this Act.
### 12. Overriding effect of the Act.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having the effect of law.
### 13. Power to make rules.
(1) The State Government may, by notification in Official Gazette, make rules to carry out the purposes of this Act and such rules may provide that they shall take effect retrospectively.
(2) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature 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 or anything previously done under that rule.
### 14. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act the State Government within two years from the commencement of this Act, by order, as occasion may require do anything not inconsistent with the provisions of this Act, which may appear to it to be necessary for the purpose of removing the difficulty.
### 15. Repeal and Savings.
- The Bihar Private Medical College (Taking Over) Ordinance, 1978 (Bihar Ordinance No. 62 of 1978), is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in the exercise of any power conferred by or under the said Ordinance, if such thing or action is not inconsistent with the provisions of this Act shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on that day on which such thing or action was done or taken.
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65ba8cacab84c7eca86ec050 | acts |
Union of India - Act
----------------------
The Transfer Of Property (Amendment) Supplementary Act, 1929
--------------------------------------------------------------
UNION OF INDIA
India
The Transfer Of Property (Amendment) Supplementary Act, 1929
==============================================================
Act 21 of 1929
----------------
* Published on 1 January 1929
* Commenced on 1 January 1929
An Act to supplement the Transfer of Property (Amendment) Act, 1929.
WHEREAS by reason of the passing of the Transfer of Property (Amendment) Act, 1929, it is expedient that certain amendments whould be made in certain other enactments; It is hereby enacted as follows:-
### 1. Short title and commencement.-
(1) This Act may be called the Transfer of Property (Amendment) Supplementary Act, 1929 .
(2) It shall come into force on the first day of April, 1930 .
### 15. (1) Save as provided in sub- section (2), nothing in this Act shall be deemed to affect-
(a) the terms or incidents of any transfer or disposition of property made or effected before the first day of April, 1930 ;
(b) the validity, invalidity, effect or consequences of anything already done or suffered before the aforesaid date;
(c) any right, title, obligation or liability already acquired; accrued or incurred before such date;
(d) any remedy or proceeding in respect of such right, title, obligation or liability; or
(e) anything done in the course of any proceeding pending in any Court on the aforesaid date; and any such remedy or proceeding may be enforced, instituted or continued, as the case may be, as if this ACt had not been passed.
(2) Notwithstanding anything contained in section 9 of this Act, in the Presidency of Bombay and such other territories as the Central Government may, by notification in the Official Gazette, specify in this behalf, f a suit by a mortgagee for foreclosure or sale on a mortgage by deposit of title- deeds may be instituted within two years from the date of the commencement of this ACt, or within sixty years from the date when the money secured by the mortgage became due, whichever period expires first; and no such suit instituted within the said period of sixty years and pending at the date of the commencement of this ACt, either in a Court of first instance or of appeal, shall be dismissed on the ground that the twelve years' rule of limitation is applicable.
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65b93e6fab84c7eca86e8b53 | acts |
State of Odisha - Act
-----------------------
The Indian Stamp (Orissa Amendment) Act, 1962
-----------------------------------------------
ODISHA
India
The Indian Stamp (Orissa Amendment) Act, 1962
===============================================
Act 35 of 1962
----------------
* Published on 20 August 1969
* Commenced on 20 August 1969
The Indian Stamp (Orissa Amendment) Act, 1962
Orissa Act
No. 35 of 1962
Published vide Gazette Extraordinary/11-12.1962.
For Statement of Objects and Reasons, see Orissa Gazette, Extraordinary No. 408, dated 20th August, 1969; and for Report of Select Committee, see ibid, No. 457, dated 11th September, 1962.
The Act came into force with effect from 1st January, 1963, vide Notification No. 45579-St.-2/62-F., dated 12th December 1962, published in the Orissa Gazette, dated 21st December, 1962 Part 1, page 1006.
An Act to amend the Indian Stamp Act, in its application to the State of Orissa
Be it enacted by the Legislature of the State of Orissa in the Thirteenth Year of the Republic of India as follows :
### 1. Short title and commencement.
(1) This Act may be called the Indian Stamp (Orissa Amendment) Act, 1962.
(2) It shall come into force on such date as the Government may, by notification, appoint.
### 2. Insertion of new Section 47-A, Act 2 of 1899.
- After Section 47 of the Indian Stamp Act, 1899 (2 of 1899) (hereinafter referred to as the principal Act); the following new section shall be inserted, namely :
"47-A. Instruments under-valued how to be dealt with. - (1) If the registering officer appointed under the Indian Registration Act, 1908, while registering any instrument transferring any property has reasons to believe that the value of the property, or the consideration, as the case may be, has not been truly set forth in the instrument, he may, after registering such instrument, refer the same to the Collector for determination of the value or consideration, as the case may be, and the proper duty payable thereon.
(2) On receipt of a reference under Sub-section (1), the Collector shall, after giving the parties a reasonable opportunity of being heard and attar holding an enquiry in such manner as may be prescribed by rules made under this Act, determine the value or consideration and the duty as aforesaid and the deficient amount of duty, if any, shall be payable by the person liable to pay the duty.
(3) Any person aggrieved by an order of the Collector under Subsection (2) may, within thirty days from the date of the order, prefer an appeal before the District Judge and all such appeals shall be heard and disposed of in such manner as may be prescribed by rules made under this Act.
### 3. Insertion of new Section 77-A, Act 2 of 1899.
- After Section 77 of the principal Act the following new section shall be inserted, namely :
### 77. -A. Fractions of five naye paise to be rounded off. - In the determination of the amount of duty payable or of allowance to be made under this Act, any fraction of five naye paise shall be rouned of to the next higher five naye paise."
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65ba0615ab84c7eca86ea7ea | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Industrial Facilitation Council (Arbitration) Rules, 1999
--------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Industrial Facilitation Council (Arbitration) Rules, 1999
==========================================================================
Rule ANDHRA-PRADESH-INDUSTRIAL-FACILITATION-COUNCIL-ARBITRATION-RULES-1999 of 1999
------------------------------------------------------------------------------------
* Published on 11 October 1999
* Commenced on 11 October 1999
Andhra Pradesh Industrial Facilitation Council (Arbitration) Rules, 1999
Published vide Notification No. G.O.Ms.No. 307, Industries & Commerce (SSI) , dated 11.10.1999
Last Updated 18th October, 2019
G.O.Ms.No.307. - In exercise of the powers conferred by sub-section (3) of Section 7B of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (Act 32 of 1993), the Governor of Andhra Pradesh hereby makes the following rules, namely:-
### 1. Title & Extent.
(1) These rules may be called the Andhra Pradesh Industrial Facilitation Council (Arbitration) Rules, 1999.
(2) They shall apply to all disputes under the Interest on delayed payments to Small Scale and Ancillary Industrial Undertakings Act 1993 (Act 32 of 1993) which may be referred for arbitration and conciliation under sub-section(2) of section 6 of the said Act and to all Industry Facilitation Councils established in the State of Andhra Pradesh by notification under section 7A of the said Act.
### 2. Definitions.
- In these rules unless the context otherwise requires -
(a) "Act" means the Interest on delayed payments to Small Scale and Ancillary Industrial Undertakings Act 1993 (Act 32 of 1993) (Central Act 32 of 1993)
(b) "Arbitration and Conciliation Act" means the Arbitration and Conciliation Act 1996 (Central Act
26 of 1996
)
(c) "Chairperson" means the Chairperson of a Council and includes the sole member of such Council
(d) "Claimant" means the supplier as defined in the Act.
(e) " Council" means any Industry Facilitation Council, established by the State Government under Section 7A of the Act having jurisdiction to arbitrate over the dispute and every such Council shall be an arbitral tribunal for the purpose of the Arbitration and Conciliation Act, 1996.
(f) "Member" means a member of a Council
(g) "Respondent" means the buyer as defined in clause (c) of section 2 of the Act from whom the claimant seeks to recover any amount due under the Act together with the interest thereon as provided for in the Act.
(h) "Government" means the State government.
### 3. Establishment of Councils.
(1) The State Government may, by notification in the Andhra Pradesh Gazette Extraordinary establish the Andhra Pradesh Industry Facilitation Council for arbitration having such jurisdiction for the whole or any part of the State of Andhra Pradesh as may be specified in the notification.
(2) The government may be notification establish one or more other industry facilitation councils for arbitration at such place within the state, with such name and such number of members as may be necessary for the separate identification of each or any of them and with such pecuniary or territorial jurisdiction as may be specified in the notification.
(3) Every council shall be subject to the administrative control of the Government and shall follow such administrative and record keeping procedure as the Government or the Council established under sub-rule (1) may, by order, direct.
(4) The government may, by notification, abolish any Council and vary the jurisdiction of any Council or reconstitute any Council as it may deem fit at any time and provide for the continuation or disposal of any references pending before any such council.
### 4. Composition of Councils.
(1) Every Council established by the Government shall consist of either -
(a) a sole member, who shall also be the Chairperson thereof, or
(b) a Chairperson and two other members as the Government may, by notification, appoint from amongst the following categories of persons namely:-
(i) Director of industries, by whatever name called, or any other officer not below the rank of such Director, of the state government.
(ii) Representatives of banks and financial institutions
(iii) Office bearers or representatives of State Industry Associations and
(iv) Persons having special knowledge in the field of industry, finance, law, trade and commerce, Council, as the case may be shall be the Director of Industries, by whatever name called, or any other officer not below the rank of such Director, of the State Government.
(2) The term of office of the members other than the chairperson shall be for a period of two years from the date of appointment.
Provided that a member shall continue as a member of the Council beyond the term of two years in office until another member is appointed in his place:
Provided further that the Government may re-appoint a member for a further term of two years but no member shall be so re-appointed more than once.
(3) Any member of the Council may resign from the Council by one month's notice in writing to the Government.
(4) The government may remove from office, any member, who has,
(a) been adjudged and insolvent, or
(b) been convicted of an offence which, in the opinion of the Government, involve moral turpitude, or
(c) become physically or mentally incapable of acting as a member, or
(d) acquired such financial or other interest as is likely to affect prejudicially his functions as a member, or
(e) so abused his position as to render his continuance in office prejudicial to the public interest, or
(f) remained absent in three consecutive sittings except for reasons beyond control.
Provided that no member shall be so removed on the grounds mentioned in (d) , (e) and (f) except after an inquiry held by the Government in this behalf and finds the member guilty of such ground.
(5) Any vacancy arising in any Council for any reason whatsoever may be filled by the Government by notification.
### 5. Remuneration and Allowances of Members.
- The remuneration, honorarium or fees and any allowances that may be paid to the members shall be at such rates as the Government may be order specify.
### 6. Reference to be by statement of claim.
(1) A reference to the Council shall be made by way of a statement of claim in Form 1 accompanied by such documents and facts supporting his claim enclosing the requisite number of copies together with an initial share deposit towards costs of an amount of rupees five hundred by way of a demand draft in the name of the Council.
(2) If any reference contains any claim in respect of the matters other than those referred to in sub-section (1) of section 6 of the Act, the Council shall return the claim to the claimant for deletion of the matters extraneous to that section.
Provide that if the claimant does not comply within thirty days of such return the Council may terminate the proceedings without prejudice to the right of the claimant to make any fresh reference if he is otherwise entitled so to do.
(3) The Council may require any claimant to provide any better statement or particulars of claim or any further documents in support of the claim as it may consider necessary for the purpose of the proceedings and if the claimant fails or omits to do so within thirty days of receipt of any such communication or within such further time as the Council may, for sufficient cause, allow, the council to terminate the proceedings without prejudice to the right of the claimant to make any fresh reference if he is otherwise entitled so to do.
### 7. Challenge of member.
(1) On receipt of a statement of claim, every member shall disclose in writing any circumstances likely to give rise to justifiable doubts as to his independence or impartiality and any such disclosure shall be sent to the parties along with the notices in Form 2 calling for a statement of defence and thereafter, the requirements of sub-section (2) of Section 12 of the Arbitration and Conciliation Act shall apply.
(2) The grounds for challenge of a member and the procedure for challenge shall be in accordance with Sections 12 and 13 of the Arbitration and Conciliation Act.
(3) On a successful challenge, the Council shall cease to proceed with the reference and transfer the case to such other Council having alternate or concurrent jurisdiction over the dispute and such other Council shall thereafter proceed with the reference afresh or as it may deem fit having regard to the stage of proceedings completed in the former Council.
### 8. Statement of Defence.
(1) The Council shall if it is satisfied that, on the facts stated therein, it has jurisdiction to proceed with the reference and that the claim is entitled under the Act to make a reference, cause a copy of the statement of claim to be sent by registered post to the respondent along with the copies of the attached documents and issue notice in Form 2 to the respondent asking him to furnish within thirty days a statement of defence in Form 3 with such documents and facts in support of his defence or having a bearing on the matter under reference together with his half share of deposit for costs in such manner as may be specified therein and within the time allowed to the respondent for furnishing his statement of defence.
(2) A copy of the notice in Form 2 shall also be sent by registered post to the claimant along with a notice in Form 4 calling upon the claimant to pay a further amount after adjusting the initial deposit made by him towards his half share of deposit for costs in such manner as may be specified therein and within the time allowed to the respondent for furnishing his statement of defence.
(3) The Council may, on an application made by the respondent showing sufficient cause, allow such further time for the statement of defence as it may consider fit, but not exceeding sixty days form the date of receipt by the respondent of the notice under sub-rule (1).
### 9. Hearings and written proceedings.
(1) On receipt of the statement of defence and if the amount of deposits be paid by the parties, the Council shall send a copy of the statement of defence to the claimant and fix a date for appearance and hearing of the parties and issue notice by registered post in Form 5.
(2) If the respondent fail or omit to send a statement of defence within the time given to him, the council shall proceed to fix a date for the appearance and hearing of the and issue notice by registered post in Form 5.
Provided that if the respondent failed or omitted to pay his share of the deposit the Council shall call upon the claimant to pay that share also within fifteen days of receipt of the notice.
Provided further that if the claimant has not paid the aforesaid share, the Council may suspend or terminate the proceedings.
(3) At the first hearing, the council shall not proceed to enter upon the merits of the subject matter in dispute, till it has decided on any challenge to jurisdiction or any challenge to any of its members.
(4) The Council shall decide whether to hold oral hearings for the presentation of evidence or for argument, or whether proceedings shall be conducted on the basis of documents and other materials.
Provided that the Council shall hold oral hearings at an appropriate stage of the proceedings, on request by a party, unless the parties have agreed that no oral hearing shall be held.
(5) The parties shall be given sufficient advance notice of any hearing and of any meeting of the Council for the purpose of inspection of documents, goods or other property.
(6) All Statements, documents or other information supplied to, or applications made to the council by one party shall be communicated to the other party, and any expert report or evidentiary document on which the Council may rely in making its decision shall be communicated to the parties.
(7) Where without cause:
(a) the claimants fails to communicate his statement of claim in accordance with these rules and section 23(1) of the Arbitration and Conciliation Act, the Council shall terminate the proceedings.
(b) The respondent fails to communicate the statement of defence in accordance with these rules and section 23(1) of the Arbitration and Conciliation Act, the Council shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant.
(c) A party fails to appear at an oral hearing or to produce documentary evidence, the council may continue the proceedings and make the arbitral award on the evidence before it.
(8) The Council may, appoint one or more experts in terms of section 26 of the Arbitration and conciliation Act.
(9) The Council, or a party with the approval of the Council, may apply to court under section 27 of the Arbitration and conciliation Act for assistance in taking evidence.
(10) The Council may with the agreement of the parties, at any time during the proceedings, use mediation, conciliation or other procedures to encourage settlement of the dispute under section 30 of the Arbitration and Conciliation Act.
(11) The Council shall conduct its proceedings at such place as the Government may specify in the notification.
(12) The Council, on such terms as it may think fit at any stage for reasonable or sufficient cause, adjourn the hearing from time to time but it shall so conduct the proceedings that the decision is given as far as possible within ninety days of the first date of hearing.
(13) At any stage of the proceedings, if the parties jointly apply to the Council that the proceedings be terminated, the Council shall terminate the proceedings.
### 10. Decision by Council.
(1) Where the Council is composed of three members, any decision of the Council shall be by a majority of all its members.
(2) Notwithstanding any thing contained in sub-rule (1) if authorized by the parties or all the members of the Council, questions of procedure may be decided by the Chairperson.
### 11. Deposits.
(1) In fixing the deposits or supplementary deposits as an advance for costs and in determining the costs and expenses of the arbitration referred to in section 31(8) of the Arbitration and Conciliation Act, the Council shall comply with any scale or scheme of fees and expenses that the government may , by order, specify and all the provisions of Section 38 of the Arbitration and Conciliation Act, shall be complied with.
(2) In any case where the proceedings are terminated before making of an award, the Council shall adjust its costs and expenses from any of the deposits as it may deem fit and proper in the facts and circumstances of the case and refund the balances of deposits, if any, to the respective parties.
### 12. Arbitral Award.
(1) The Council shall make an arbitral award in accordance with section 31 of the Arbitration and Conciliation Act.
(2) The Arbitral award shall be stamped in accordance with the relevant law in force.
### 13. Interpretation of Rules.
- Notwithstanding anything contained in these rules, the arbitral proceedings shall be governed by the Arbitration and Conciliation Act and these rules shall be interpreted and applied so as to be consistent with and supplementary to and not in derogation of the Arbitration and Conciliation Act. FORM 1
Reference and Statement of Claim
(See rule 6)
### 1. Form and enclosures to be submitted in quadruplicate. ###
2. In case of several deliveries particulars under same contract, the relevant particulars may be in the form of an attached statement.
Before the\_\_\_\_\_\_\_\_\_\_\_\_\_\_Industry Facilitation Council at\_\_\_\_\_\_\_\_\_
### 1. Name of the claimant seller. ###
2. Full postal address of the claimant seller.
### 3. Name of the respondent buyer. ###
4. Full postal address of the respondent buyer.
### 5. SSI registration number of the claimant (copy of permanent registration certificate attested by a gazetted officer to be enclosed) ###
6. Particulars of the purchase order contract with the respondent seller in respect of which the amounts are claimed (copy of the purchase order contract to be enclosed).
### 7. Date on which the goods were delivered or services rendered to the seller (attach evidence of delivery). ###
8. Date of acceptance of the goods services or the date of deemed acceptance (attach copies of documents evidence)
### 9. Amount due for the goods delivered (attach copies of bills invoices) ###
10. Date on which the payment is due or deemed to be due.
### 11. Amounts and dates of receipts of payments, if any. ###
12. Interest claimed under the Act upto date of reference (attach calculations).
### 13. Total amount claimed up to date of reference. ###
14.
Brief recital of facts of the case.
### 15. Remedies sought.
### 16. Particulars of initial deposit of Rs. 500 -paid herewith.
Signature of Claimant
FORM 2
The\_\_\_\_\_\_\_\_\_\_\_\_Industry Facilitation Council at\_\_\_\_\_\_\_\_\_
(Established pursuant to section 7A of The Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act. 1993 (Act 32 of 1993)
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Reference No. of
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Notice Calling for Statement of Defence
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(See rule 8(1) |
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Ms.
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Claimant
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Ms.
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Respondent.
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To: The respondent above named
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The above named claimant has made a reference under section 6(2) of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993 (Act
12 of 1993
) to this Council for acting as an Arbitrator in respect of the amounts claimed.
You are hereby called upon to furnish, within thirty days of the receipt of this notice your statement of defence in Form 3 specified under the Andhra Pradesh Industry Facilitation Council (Arbitration) Rules, 1999. (Specimen enclosed) together with:-
(a) such documents and facts in support of your defence or having a bearing on the matter under reference and a deposit amount, and
(b) Your share of deposit as an advance for costs referred to in section 31 (8) of the Arbitration and Conciliation Act. 1999 by way of a demand draft in the name of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_payable at\_\_\_\_\_\_\_\_\_\_.
A copy of the statement of claim together with the documents submitted therewith is enclosed
The Council, being the arbitral tribunal, consists of the following members:
### 1. ###
2.
### 3. In case you desire to challenge any of the members under section 12 & 13 of the Arbitration and Conciliation Act, 1996 you may send a written statement of the reasons for challenge within fifteen days of the receipt of this notice.
Disclosures made underrule7 read with section 12(1) of the Arbitration and Conciliation Act, 1996 from the members are enclosed herewith.
If your statement of defence is not received within the time allowed, the Council shall proceed with the arbitral proceedings.
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Copy to the claimant.
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Chairperson
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FROM 3
Statement of Defence
(See rule 8(1) )
### 1. Form and enclosures to be submitted in quadruplicate. Before the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Industry Facilitation Council at\_\_\_\_\_\_\_
### 1. Name of the claimant seller. ###
2. Name of the respondent buyer.
### 3. Full postal address of the respondent buyer. ###
4. Whether the respondent buyer admits or denies the claim of the claimant.
### 5. Brief statement of defence (attach documents and facts in support of defence or having a bearing on the matter under reference). ###
6. Particulars of deposit paid herewith.
Signature of respondent.
FORM 4
The\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Industry Facilitation Council at\_\_\_\_\_\_\_\_\_\_\_
(Established pursuant to section TA of The Interest on Delayed Payments to\* Small Scale and Ancillary Industrial Undertakings Act, 1993 (Act
12 of 1993
).
Reference No. of
Notice for payment of Deposit
(See Rule 8(2) )
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Ms.
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Claimant
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Ms.
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Respondent.
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To- The Claimant above named
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Take notice that a further amount of Rs. shall be deposited by you towards your share of deposit as an advance for cost referred to in section 31 (8) of the Arbitration and Conciliation Act, 1996 by way of a demand draft in the name of Payable at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
The amount of further deposit shall be paid to the Council within the time allowed to the respondent for furnishing his statement of defence.
Chairperson
FORM 5
The\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Industry Facilitation Council at.
(Established pursuant to section 7A of the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Act, 1993 (Act 32 of 1993)
Reference No. of
Notice of First hearing
(See rule 9(1) and 9(2))
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Ms.
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Claimant
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Ms.
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Respondent.
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To- The Claimant and Respondent above named
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Take notice that the arbitral reference will be heard by the Council at \_\_\_\_\_\_\_\_\_\_\_\_hours\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_on\_\_\_\_\_\_\_\_\_\_\_ and your appearance in person or by a duly authorised representative is required at the aforesaid time and date. The respondent has has not filed his statement of defence If you fail or omit to make an appearance the Council may continue the proceedings and make an award on the evidence before it.
Chairperson
Encl: Copy of Statement of Defence, if any, to the claimant.
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65ba6761ab84c7eca86eb295 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes
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TAMILNADU
India
Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes
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Rule TAMIL-NADU-DR-M-G-R-MEDICAL-UNIVERSITY-AFFILIATION-OF-NURSING-COLLEGES-STATUTES of 1800
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* Published on 1 January 1800
* Commenced on 1 January 1800
Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes
In exercise of the powers conferred by section 42 of the Tamil Nadu Dr. M.G.R. Medical University, Chennai, Act, 1987 (Tamil Nadu Act
37 of 1987
), the Governing Council of the Tamil Nadu Dr. M.G.R. Medical University, Chennai hereby makes the following statutes.
### 1. (i) These, statutes may be called the Tamil Nadu Dr. M.G.R. Medical University, Chennai (Affiliation of Nursing Colleges) Statutes.
(ii) They shall come into force the date of assent of the Chancellor.
### 2. The words and phrases used in these statutes shall, unless expressly explained otherwise have the same meaning as they have with reference to the Tamil Nadu Dr. M.G.R. Medical University, Chennai, Act, 1987 (Tamil Nadu Act
37 of 1987
) hereinafter called "the Act".
### 3. It shall be necessary for the proposed Nursing College seeking affiliation to the Tamil Nadu Dr. M.G.R. Medical University, Chennai for starting I Year B.Sc. (Nursing) Degree Course of study to apply for Certificate of Registration of their application with the Tamil Nadu Dr. M.G.R. Medical University, Chennai. The application shall be in Form No. I annexed with these statutes.
### 4. (i) Only Educational Trust/Society (hereinafter referred to as "applicant") with sufficient financial soundness. and which satisfy the conditions stipulated hereunder in sub-statute (ii) shall be eligible for starting private Nursing College. Application from the individuals for Certificate of Registration will not entertained.
(ii) Conditions to be satisfied by the applicant for applying for Certificate of Registration.
(a) The applicant shall own and possess a hospital being run by it with not less than 200 beds with an administrative block or shall have a tie-up with a general hospital with a minimum of 200 beds within an radius of 10 K.M.
(b) The hospital and administrative block are to be have been located in an area of not less than 10 (ten) acres in an urban agglomeration and not less than 30 (thirty) acres in other areas.
### 5. The application for Certificate of Registration from the Tamil Nadu Dr. M.G.R. Medical University, Chennai, shall be in writing and in Form I annexed with these statutes addressed to the Registrar of the Tamil Nadu Dr. M.G.R. Medical University, Chennai and shall be submitted to the Registrar within 1st July and 31st October of the academic year preceding to which affiliation is sought for.
### 6. The application for Certificate of Registration shall be submitted along with the permission of the Government of Tamil Nadu and Nursing Council of India to establish the college and shall contain the following particulars namely:
(a) name of the Trust/Society with full address;
(b) name of the proposed Nursing College;
(c) particulars where the Nursing College is to be located with Telephone number if available;
(d) the number of students proposed to be admitted in the first year of the course;
(e) the availability of the land, building and other physical infrastructure training facility available to the- students to be admitted;
(f) ready built area available for accommodation of the academic complex;
(g) residential quarters for the staff of the college;
(h) playground;
(i) hostel; and such other particulars as may be required by the Tamil Nadu Dr. M.G.R. Medical University, from time to time.
### 7. On receipt of the application for the Certificate of Registration of the University shall scrutinize the same and verify by deputing an Inspection Commission whether the conditions required to be fulfilled by the applicant to become eligible to receive the said Certificate of Registration are fulfilled.
### 8. The Inspection Commission shall specifically examine whether the following conditions are fulfilled by the applicant and make a detailed report to the University:
Conditions to be fulfilled by the applicant to become eligible to receive the Certificate of Registration for affiliation :
(a) the applicant shall satisfy the University that he has clear title to the lands as specified in statute No. 4(ii)(b) without any encumbrance and shall furnish the title deeds and such other documents as required by the University from time to time in this regard.
(b) The applicant shall fulfill necessary provisions of relevant Acts on the subject such as the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act
[24 of 1978
)]
[This Act was repealed now.]
,Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972
) and Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act
58 of 1961
) as in force and shall also ensure the evidence so produced in this regard is valid and relating to the applicant.
(c) The applicant shall also satisfy that he has actual physical possession of the lands and shall furnish necessary documents in this regard and such other documents required by the University from time to time ;
(d) The applicant shall satisfy the University that all the infrastructural facilities of the college are in one campus.
(e) The applicant shall locate the proposed Nursing College in proximity of a Medical College with which the applicant has an agreement to facilitate training of the nursing students in the Departments of Medicine, Surgery, Paediatrics, Maternity, E.N.T., Radiology, Orthopaedic, Ophthalmic, Burning, Oncology, Emergency Casualty and Clinical Laboratory. In the alternative the applicant shall have a tie-up with general hospital with a minimum of 200 beds. The general hospital shall be within a radius of 10 K.M. from the academic complex. In the case of tie-up with the general hospital there, shall be binding evidence to show that the said hospital shall oblige to extend the necessary facilities to the nursing students, in imparting training in the above said departments.
(f) There applicant shall own a ready built area of 15,000 square feet suitable for starting I Year B.Sc. (Nursing) Course in a Nursing College with proper sanitation facilities, provision for safe drinking water, adequate water supply for clinical and laboratory, purposes, library, store rooms, toilets for students, staff (separately for men and women) and such other facilities which shall be necessary from time to time as may be specified by the University in this regard.
### 9. The University if fully satisfied on the basis of the report of the Inspection Commission that all the conditions required to be fulfilled by the applicant are fulfilled shall issue a Certificate of Registration in Form II annexed with these statutes, to the applicant to enable the applicant to make further arrangements to start the First Year B.Sc. Nursing Degree Course of study in the proposed Nursing College.
### 10. The issue of the Certificate of Registration alone shall not confer any right on the applicant to start the B. Sc. Nursing Degree Course of study.
### 11. The applicant, on receipt of the Certificate of Registration from the University shall apply to the University for provisional affiliation of First Year B.Sc. Nursing Degree Course, in Form II annexed with these statutes, and shall fulfil the conditions stipulated in statute 12 to enable the University to appoint and send an Inspection Commission to the proposed Nursing College.
### 12. The applicant shall before applying for affiliation for the First Year B.Sc. Nursing Degree Course of study fulfil the following conditions namely :
(a) shall have obtained the permission and concurrence of the Nursing Council of India to start a Nursing College as specified in statute 6;
(b) shall appoint or conduct to appoint a qualified Principal for the proposed Nursing College;
(c) shall obtain consent letters for appointment of qualified staff members for the Departments as detailed below which are absolutely essential to become eligible to start the First Year B.Sc. Nursing Degree Course of study;
(Annual intake of 50 students)
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1.
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Professor-cum-Principal in any speciality of Nursing Science
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1 post.
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2.
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Assistant Professor of Psychology
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1 post.
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3.
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Assistant Professor of Nutrition
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1 post.
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4.
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Assistant Professor of English
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1 post.
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5.
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Assistant Professor of Anatomy
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1 post.
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6.
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Assistant Professor of Physiology
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1 post.
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7.
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Assistant Professor of Bio-chemistry
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1 post.
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8.
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Assistant Professor of Pharmacology
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1 post.
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9.
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Assistant Professor of Microbiology
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1 post.
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10.
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Assistant Professor of Pathology
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1 post.
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11.
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Assistant Professor of Sociology
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1 post.
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12.
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Lecturer - (Nursing Principals)
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1 post.
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13.
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Assistant Lecturer/Tutor/Demonstrator/Clinical Instructor
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1:10 (at the ratio of 1 teacher per 10
students)
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Full-time Assistant Professor in Microbiology, Pathology, Psychology, Anatomy and Physiology.
Part-time Assistant Professor in Nutrition, Pharmacology, Sociology, English and Tamil (Regional Language).
Other supporting staff-as per Nursing Council of India's Regulations.
Qualifications: - 1. For the post of Principal/Professor/Associate Professor and Lecturer -M.Sc. (Nursing) .
### 2. For the post of Assistant Professor- Post-Graduate Degree in the concerned speciality {i.e.) Anatomy, Physiology, Bio-chemistry, Pharmacology, Pathology, Microbiology, Psychology, Sociology and Nutrition. ###
3. For the post of Assistant Lecturer/Tutor/Demonstrator/Clinical Instructor -B.Sc. (Nursing) .
(d) The applicant shall produce evidence to the effect that the proposed Nursing College is fully equipped in the following aspects:
(i) Facilities for teaching Anatomy, Physiology, Bio-chemistry.
(ii) Facilities for teaching Microbiology, Pathology.
(iii) Laboratory for Nursing Principles : There should be a demonstration room to accommodate six beds and should be fully equipped with wash basins and electrical fittings in a minimum space of 50 feet x 30 feet.
(iv) A separate Nutrition Laboratory with a minimum space of 30 feet x 30 feet.
(v) A separate Physiology and Bio-chemistry Laboratory with a minimum space of 30 feet x 30 feet.
(vi) A separate Anatomy Museum with a minimum space of 30 feet x 30 feet.
(vii) A separate Microbiology and Pathology Laboratory with a minimum space of 30 feet x 30 feet.
(viii) A multi-purpose hall for conduct of meetings, seminars, examination, etc., to accommodate a minimum of one hundred students.
(ix) Minimum of three common rooms one for faculty, one for students, and one for office shall with minimum space of 50 feet x 30 feet each.
### 13. The applicant after fulfilling the conditions stipulated in the above statute, shall initiate the fact to the University in writing along with the Demand Draft for a suns of Rs. 5,000 (Rupee five thousand only) or such amount as may be prescribed by, the Governing Council from time to time drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai, towards the inspection fee payable to the University and shall request the University to depute its Inspection Commission.
### 14. On receipt of the intimation specified in statute 13, the University shall send its Inspection Commission to inspect the facilities available in the proposed Nursing College and to submit report to the University as to the satisfactory fulfillment of the conditions required to be fulfilled. The Inspection Commission shall also report the lacunae, if any, in the fulfillment of any of the conditions required to be fulfilled and also advise as to the capability of the applicant to rectify the lacunae within a period of two months. In case there are lacunae in the fulfillment of the conditions, the University may conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees Five thousand only) or such amount as may be prescribed by the Governing Council from time to time by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R, Medical "University, Chennai towards the re-inspection fee and shall receive a final report from the Inspection Commission.
### 15. After a detailed examination of the final report of the Inspection Commission and if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the First Year B.Sc. (Nursing) Degree Course of study, the University shall direct the applicant to remit a sum of Rs. 5,00,000 (Rupees Five lakhs only) or such amount as may be prescribed by the Governing Council from time to time towards the security deposit payable by the applicant. The security deposit shall be invested in a Fixed Deposit in a Nationalized Bank jointly in the name of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai, and in the name of the applicant. The Fixed Deposit receipt shall be kept in the custody of the Registrar. The interest accrued thereon that be utilized towards the maintenance of the Nursing College and the applicant shall submit an utilization certificate in this regard in Form No. IV annexed with these statutes, at the end of every academic year.
### 16. On the remittance towards the security deposit as specified in statute 15, by the applicant and on receipt of the intimation from the applicant that all the staff members appointed are in a position to start the teaching course, the University shall grant provisional affiliation for the First Year B.Sc. (Nursing) Degree Course of study for 50 (Fifty only) students only after collecting a sum of Rs. 20,000 (Rupees Twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time, from the applicant by means of a Demand Draft, drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai, towards the fee for the provisional affiliation for the First Year B.Sc. (Nursing) Degree Course of Study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving three months notice stating the reasons therefore to the applicant.
### 17. The applicant shall show evidence of an annual income of not less than Rs. 4,00,000 (Rupees Four lakhs only) excluding the interest accrued from the security deposit mentioned in these statutes to facilitate the proper running of the Nursing college. This is only a portion of the Liability (which the college is like to incur every year towards payment of salaries to the staff and the maintenance of the college.
### 18. (1) The provisional affiliation granted by the University shall be only for the First Year B.Sc. (Nursing) Degree Course of study.
(2) Every college shall have a duly constituted Governing Body with representatives of the teaching staff, to advise the Principal in the internal affairs of the college, A record of proceedings of the said Governing Body of the college shall be maintained by the Principal. The University shall nominate an officer as its members to represent the interest of the University in the Governing Body of the Nursing College.
(3) The member nominated by the University under sub-statute (2) shall hold office for a period of three years. Any change in the Governing Body of the college shall be reported to the University immediately.
(4) The Nursing College shall furnish a budget for each year of study and a separate development budget which will cover the expenses for the fulfillment of the requirements prescribed for the Second Year B.Sc. (Nursing) Degree Course of study.
(5) The Governing Body of the college shall meet at least once in three months to consider the budget estimates and such other matters as may arise in its working. It shall meet in May-June each year to consider the Annual Report, the audited statement of accounts, changes in the staff, subjected or courses in which fresh affiliation or approval is to be sought in the following year. A copy of the notice of meeting shall be sent to the nominee of the University, with a copy to the Registrar, at least fifteen clear days before the date of the meeting. A copy of the minutes of the meeting shall also be sent to the nominate of the University and the Register be sent to the nominee of the University and the Registrar within Fifteen days of the meeting.
### 19. By the time only six months period is left for the First Year B.Sc. (Nursing) degree examinations, the applicant shall apply to the University for affiliation of the Second Year B.Sc. (Nursing) Degree Course. Before applying so the following facilities and departments with the staff members stipulated herein have to be provided in the Nursing College and the detail thereof shall be furnished in the said application. A Demand Draft for Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai shall be enclosed along with the application towards the inspection fee.
Staff:
(1) Vice-Principal (Professor) -1 post.
(2) Professor - Community Health Nursing -1 post.
(3) Professor - Principles and Practice in Adult Nursing -1 post.
(4) Professor - Mental Health Nursing -1 post.
(5) Professor - Maternity Nursing -1 post.
(6) Assistant Professor - Biostatistics and Computer Science -1 post.
Laboratory:
(i) A separate Community Nursing and Obstetric Nursing Laboratory with a minimum space of 50 feet by 30 feet.
(ii) Facilities for teaching Computer Science.
Clinical Facilities:
(i) A well set-up field teaching centre close to the institution.
(ii) Transportation for field work.
### 20. On receipt of the application for affiliation for the Second Year B.Sc. (Nursing) Degree Course of study the University shall send its Inspection Commission at least three months before the date of commencement of the First Year B.Sc. (Nursing) Degree Course Examinations.
### 21. The Inspection Commission sent by the University shall inspect the facilities available in the college and report to the University as to whether all the facilities required to be provided by the college are provided. The Inspection Commission shall also point out in its report the lacunae, if any, in me fulfillment of the conditions required to be fulfilled and also advise as to the capability of the college to rectify the lacunae within a period of two months. In case there are lacunae in the fulfillment of the conditions the University may conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, by means of a Demand Draft in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the re-inspection fee and shall receive a final report from the Inspection Commission.
### 22. After a detailed examination of the final report of the Inspection Commission, if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the Second Year B.Sc. (Nursing) Degree Course of study, the University shall direct the college to remit a sung of Rs. 5,00,000 (Rupees five lakhs only) or such amount as may be prescribed by the Governing Council from time to time towards the security deposit payable by the applicant. The security deposit shall be invested in a Fixed Deposit, in a Nationalized Bank jointly in the name of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University. Chennai and in the name of the applicant. The fixed Deposit receipt shall be kept in the custody of the Registrar. The interest accrued of the Nursing College and the applicant shall submit an utilization certificate in this regard in Form No. IV annexed with these statutes at the end of every academic year.
### 23. On the remittance of the security deposit specified in statute 22, made by the applicant, and on receipt of the intimation from the applicant that all the staff members appointed in pursuance of the above statutes are in a position to start the teaching course the University shall, after collecting a sum of Rs. 20,000 (Rupees twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time, from the applicant, by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the provisional affiliation fee for the Second Year B.Sc. (Nursing) Degree Course of study, grant provisional affiliation for the Second Year B.Sc. (Nursing) Degree Course of study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving three months notice stating the reasons therefore to the applicant.
### 24. The provisional affiliation specified in statute 23 by the University shall be only for the Second Year B.Sc. (Nursing) Degree Course of study.
### 25. By the time only six months period is left for the Second Year B.Sc. (Nursing) Degree Examination the applicant shall apply to the University for affiliation of the Third Year B.Sc. (Nursing) Degree Course of study. Before applying so, the following facilities and departments with the staff members stipulated herein have to be provided in the Nursing College and the details thereof shall be furnished in the said application. The application for affiliation staff be accompanied by a Demand Draft for Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, drawn in favour of the Registrar. The Tamil Nadi} Dr. M.G.R. Medical University, Chennai towards inspection fee.
The institution shall have the following full compliment of staff in the Nursing Faculty by the time, it seeks affiliation for III Year B.Sc. (Nursing) Degree Course.
Qualification
| | | |
| --- | --- | --- |
|
(a) Professor
|
7 post
|
All with M.Sc. (Nursing) |
|
(b) Assistant Professor/Render
|
7 post
|
Qualification in the related speciality. B.Sc.
(Nursing) |
|
(c) Lecturer
|
9 post
|
or
|
|
(d) Demonstrator/Assistant Lecturer/Tutor/ Clinical
|
10 (for every 10 student there should be one
Tutor/Assistant Instructor Lecturer Demonstrator Clinical
Instructor.
|
Diploma in Nursing Education and Administration.
|
### 26. On receipt of the application for application for the Third Year B.Sc. (Nursing) Degree Course from the applicant, the University shall send its Inspection Commission atleast three months before the date of commencement of the Second Year B.Sc. (Nursing) Degree Examination.
### 27. The Inspection Commission sent by the University shall inspect the facilities available in the college and report to the University as to whether all the facilities required to be provided by the college are actually provided. The Inspection Commission shall also point out in its report the lacunae, if any, in the fulfillment of the conditions required to be fulfilled and also advise as to the capability of the college to rectify the lacunae within a period of two months. In case there are lacunae in the fulfillment of the conditions of the University may conduct re-inspection on payment by the applicant a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time by means of a Demand Draft drawn in favour of the Registrar, towards re-inspection fee and shall receive a final report from the Inspection Commission.
### 28. After a detailed examination of the final report of the Inspection Commission, if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the Third Year B.Sc. (Nursing) Degree Course of study and on receipt of the intimation from the applicant that all the staff members appointed in pursuance of the above statutes are in a position to start the teaching, course, the University shall, after collecting a sum of Rs, 20,000 (Rupees twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time from the applicant by means of a Demand Draft drawn in favour of the Registrar, towards the provisional affiliation fee for the Third Year B.Sc. (Nursing) Degree Course of study, grant provisional affiliation for the Third Year B.Sc. (Nursing) Degree Course of study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving these months notice stating the reasons therefore to the applicant.
### 29. The provisional affiliation granted above by the University shall be only for the Third Year B.Sc. (Nursing) Degree Course of study.
### 30. By the time only six months period is left for the Third Year B.Sc. (Nursing) Degree students to take up the Third Year B.Sc. (Nursing) Degree Examinations, the applicant shall apply to the University for affiliation of the Fourth and Final Year B.Sc. (Nursing) Degree Course of study. Before applying so the applicant shall ensure that all the facilities and departments with full complement of staff members specified in statute 25 continue to be provided in the college and the details thereof shall be furnished in the application. The application for affiliation shall be accompanied by a Demand Draft for Rs. 5,000 (Rupees Five thousand only) or such amount as may be prescribed by the Governing Council from time to time drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards inspection fee.
### 31. On receipt of the application for affiliation for the Fourth and Final year .B.Sc. (Nursing) Degree Course from the applicant the University shall send its Inspection Commission atleast three months before the date of commencement of the Third Year B.Sc. (Nursing) Degree Examination.
### 32. The Inspection Commission sent by the University shall inspect the facilities made available by the applicant in the college and report to the University as to whether all the facilities required to be provided by the college are provided and continued. The Inspection Commission shall also point out in is report the lacunae, if any, in the fulfillment of the conditions required to be fulfilled and also advise as to the capability of the college to rectify the lacunae within a period of two months. In case, there are lacunae in the fulfillment of the conditions the University may conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards re-inspection fee and shall receive a final report from the Inspection Commission.
### 33. After a detailed examination of the final report of the Inspection Commission, if the University is fully satisfied as to the fulfillment of the conditions for the affiliation for the Fourth and Final Year B.Sc. (Nursing) Dew Course, of study, and on receipt of the intimation from the applicant that all the staff members appointed in pursuance of the above statutes are in a position in pursuance of the above statutes are in a position to start the teaching course. The University shall after collecting a sum of Rs. 20,000 (Rupees twenty thousand only) or such amount as may be prescribed by the Governing Council from time to time, from the applicant by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the provisional affiliation fee for the Fourth and Final Year B.Sc. (Nursing) Degree Course of study, grant provisional affiliation for the Fourth and Final Year B.Sc. (Nursing) Degree Course of study. It shall be competent for the University to withdraw the provisional affiliation granted herein by giving three months notice stating the reasons therefore to the applicant.
### 34. The provisional affiliation granted above by the University shall be only for the Fourth and Final Year B.Sc. (Nursing) Degree Course of study.
### 35. All the norms prescribed by the Nursing Council of India may be applied by the University in the area not covered by the statutes, ordinances and regulations framed by the Tamil Nadu Dr. M.G.R. Medical University, Chennai for the stating of a new Nursing College whenever considered necessary.
### 36. It shall be competent for the University to inspect the Nursing College atleast once in five years to ensure whether the quality of service, teaching and research are properly maintained.
### 37. The University shall also be competent to send observers during examinations at their discretion.
### 38. The application shall send to the University every year a report regarding the service, academic and research activities of the college and also annual staff return and vacancy position.
### 39. On the completion of the courses of study by the first batch of students and on their appearing for the Final Year University Examinations the applicant may make an application to the University for the grant of full affiliation of the B.Sc. (Nursing) Degree Course of study in Form No. V annexed with these statutes. The University shall, after satisfying itself as to the performance of the college during the previous years and subject to the statutes and procedures as in force from time to time grant full affiliation to the B.Sc. (Nursing) Degree Course of study.
### 40. The Governing Council shall have the power after due enquiry to withdraw full affiliation granted to a college, provided that before coming to such a decision, the Governing Council shall inform the Governing Body of the College concerned of its findings after enquiry and shall allow it an opportunity of making such representation as it may deem fit and shall record its opinion on the representation so made.
### 41. The applicant may apply to this University for increase in seats in under graduate courses up to a maximum of one hundred (100) seats only. Permission for increase of seats beyond one hundred (100) will not be granted.
### 42. It shall be competent for the Governing Council to entertain or decline to entertain for reasons to be recorded in writing the application received from the applicant for increase in the number of seats in the college subject to the ceiling specified in statute 41. The University will review the clinical facilities provided by the institutions and progress of clinical performance of the hospitals vis-a-vis the population potential around the hospital and public interest covered at large, while entertaining the application for increase of seats.
### 43. No Nursing College shall apply to the University for increase, in seats until the first batch of students successfully completed the course and leave the college and the B.Sc. (Nursing) Degree so obtained is recognized by the Nursing Council of India and after obtaining the fill affiliation.
### 44. The applicant shall satisfy the University regarding the following norms as prescribed by the University-and the Nursing Council of India in this regard from time to time while making application for increase in seats in Form No. VI annexed with these statutes.
(i) proportionate increase in the staff pattern;
(ii) proportionate increase in the equipment and laboratory facilities /
(iii) proportionate increase in the accommodation ; and
(iv) expansion of library.
### 45. On receipt of the application from the applicant for increase in seats, the University shall appoint an Inspection Commission to inspect the suitability of the facilities provided by the college or such increase in seats. A sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time, shall be paid by the applicant through a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards the inspection fee.
### 46. The Inspection Commission referred to in statute 45 shall report to the University as to whether all the requirements specified in statute 44 have been provided by the applicant. The Inspection Commission shall also point out in its report the lacunae, if any, in the fulfillment of the requirements to be provided and also advise as to the capability of the applicant to rectify the lacunae within a period of two months. The University shall conduct re-inspection on payment of a sum of Rs. 5,000 (Rupees five thousand only) or such amount as may be prescribed by the Governing Council from time to time made by the applicant by means of a Demand Draft drawn in favour of the Registrar, the Tamil Nadu Dr. M.G.R. Medical University, Chennai towards re-inspection fee and shall receive a final report from the Inspection Commission.
### 47. On receipt of the final report of a the above Inspection Commission, and if the report is found satisfactory the University shall recommend to the Nursing Council of India for its inspection and concurrence.
### 48. On receipt of the concurrence from the Nursing Council of India to increase the seats in the college concerned the University shall grant permission to the college concerned to admit students in the seats so increased.
### 49. The permission granted to the applicant by the University under statute 48 is liable to be withdrawn if any of the norms prescribed in the statute 44 is violated. In case of study withdrawal, the permission shall be restored only when a satisfactory report is received by the University on an inspection that the norms prescribed in the statute 44 have been duly complied with.
### 50. It shall be competent for the University to send an Inspector at any time to inspect the Nursing College after two weeks notice to the applicant and on receipt of report from the Inspector, the University may make any decision which in its opinion deems fit and necessary.
### 51. No affiliated institution shall apply to the University for increase in seats in under graduate courses as well for starting of Post Graduate Courses simultaneously. Such applications can be made in different academic years.
Form I
(See Statute 5)
Application for Certificate of Registration for Affiliation
### 1. Name/Name(s) of the applicant(s) Trust/Society : ###
2. Name of the college proposed.
### 3. Details of the Constitution of the Managing Body of College, copies of bye-laws/terms of the Trust/Society etc., to be enclosed ###
4. Address to which communications are to be sent, with telephone number if available.
### 5. Address where the college is proposed to be located ###
6. Number of candidates to be admitted in the First Year of the B.Sc. (Nursing) Degree Course.
### 7. Details regarding availability of land, ready built area and other physical infrastructures, etc., of the college and the hospital (copies of title deeds and documents and latest encumbrance certificates, etc., to be enclosed). ###
8. Particulars regarding arrangements of residential quarters for the staff.
### 9. Details regarding availability of play grounds. ###
10. Details regarding hostel facility proposed.
### 11. Details of facilities and other requirements fulfilled as stipulated in the statutes of the University for issue of Certificate of Registration (with necessary break-up details). ###
12. Details of ear-marked assets and resources to be utilized for running the proposed Nursing College.
### 13. Details of the Master Plan regarding the development of college and hospital, future teaching hospital strength of beds and other necessary facilities available (plan shall be enclosed). ###
14. Details regarding the availability of water supply, transport, etc.
### 15. Details, regarding the financial soundness of the Trust/ Society. ###
16. Whether the Trust/Society has the capacity to deposit the amount specified in the statutes.
### 17. Details regarding the annual income of the Trust/Society etc. ###
18. Particulars of fee remittances made by the applicant Trust/ Society.
### 19. Whether the Trust/Society fulfils all the conditions and . requirements as specified in the statutes to apply for Certificate of Registration. Station :Date:
Signature of the Applicant.
Form II
(See statute 9)
Certificate of Registration
Under statute ............. of the Tamil Nadu Dr. M.G.R. Medical University, (Affiliation of Nursing Colleges) Statutes, it is hereby certified that the application of..........college for the starting of B.Sc. (Nursing) Degree Course of study has been registered with the Tamil Nadu Dr. M.G.R. Medical University, Chennai.
The issue of this Certificate of Registration alone shall not confer any right on the applicant college to start the B.Sc. (Nursing) Degree Course.
This certificate is valid for a period of one year from the date of issue.
(By order of the Governing Council).
Signature of the Registrar.
Chennai:Date:(Seal) Form III
(See statute II)
Application for Provisional Affiliation by College to Start I/ii/iii/final B.Sc. (Nursing) Degree Course of Study.
### 1. Name and address of the applicant. ###
2. Location of college with full address with telephone number if available.
### 3. Does the college satisfy all the conditions stipulated in the statutes for the affiliation (with full details with evidence therefore) ###
4. Does the college possess the Certificate of Registration issued by the Tamil Nadu Dr. M.G.R. Medical University, Chennai for starting B.Sc. (Nursing) Degree Course by the College (copy of the Certificate Registration to be enclosed).
### 5. Whether No Objection Certificate from the-Nursing Council of India has been obtained by the college (produce evidence). Chennai:Date:
Signature of the Applicant.
Form IV
(See Statutes 15 and 22)
Utilization Certificate
Certified that a sum of Rs.............. () received as interest for the year........... on the Security Deposit (Fixed Deposit) deposited as per statute No. 15/22
**for obtaining I**
Year/II Year Provisional Affiliation of B.Sc. (Nursing) Degree Course has been fully utilized as per details furnished herewith towards maintenance of the Nursing College.
Signature of the applicant.
Place :Date:
\*\*Strike out which is not applicable.
Form V
(See statute 39)
Application for full Affiliation by College for B.Sc. (Nursing) Degree Course of Study
### 1. Name and address of the applicant. ###
2. Location of the college With full address with telephone number, if available.
### 3. Has the college obtained provisional affiliation for all the four years (full details, with university provisional order number and date, number of students permitted, etc.) (copies of the order of the University to be enclosed). ###
4. Has the first batch of students completed the course of study and appeared for the University examinations.
### 5. Brief history on the performance of the college during the previous year (upto the date of this application) to justify the grant of full affiliation. Place:Date:
Signature of the applicant.
Form VI
(See statute 44)
Application for the Increase in the Number of Seats by College for B.Sc. (Nursing) Degree Course of Study
### 1. Name and address of the applicant. ###
2. Location of college with full address with telephone number, if available.
### 3. Does the college satisfy all the conditions stipulated in the statutes of the University for increase in the number of seats (full details with evidence therefore). ###
4. Has the college obtained provisional affiliation for all the four years and full affiliation for the course (full details with University provisional order number and date/full affiliation order number and date and copies thereof to be enclosed).
### 5. Number of students permitted for each year of course (full details year-wise to be furnished). ###
6. Has the first batch of students completed the course of study, appeared for the University examinations and Degree obtained by them has been recognized by the Nursing Council of India.
### 7. Percentage of result during the previous years (year-wise details). Place:Date:
Signature of the applicant.
|
65b95188ab84c7eca86e8dcc | acts |
State of Himachal Pradesh - Act
---------------------------------
The Himachal Pradesh Requisition of Immovable Property Act, 1987
------------------------------------------------------------------
HIMACHAL PRADESH
India
The Himachal Pradesh Requisition of Immovable Property Act, 1987
==================================================================
Act 1 of 1988
---------------
* Published on 22 February 1991
* Commenced on 22 February 1991
The Himachal Pradesh Requisition of Immovable Property Act, 1987
Act
No. 1 of 1988
Published in R.H.P. Ex-ordinary Dated pages 257-268.
(As assented to by the President of India on February, 1988)
An Act to provide for the requisition of immovable property or the continuance of requisition of immovable property for purposes of the State.
Be it enacted by the Legislative Assembly of Himachal Pradesh in the Thirty-eighth Year of the Republic of India as follows :-
### 1. (1) This Act may be called the Himachal Pradesh requisition of Immovable Property Act, 1987.
(2) It extends to the whole of the State of Himachal Pradesh.
(3) It shall be deemed to have come into force on the 28th day of July, 1983.
### 2. In this Act, unless the context otherwise requires,:-
(a) "award" means any award of an arbitrator made under section 9;
(b) "competent authority" means any person or authority authorised by the Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification;
(c) "Government" means the Government of Himachal Pradesh;
(d) "landlord" means any person, who for the time being is receiving or is entitled to receive the rent of any premises, whether on his own account, or on account or on behalf or for the benefit of any other person, or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant;
(e) "Official Gazette" means the Rajpatra, Himachal Pradesh;
(f) the expression "person interested" in relation to any property includes all persons claiming or entitled to claim an interest in the compensation payable on account of the requisition of that property under this Act;
(g) "premises" means any building or part of a building and includes--
(i) the garden, grounds and out-houses, if any, pertaining to such building or part of the building; and
(ii) any fittings affixed to such building or part of the building for more beneficial enjoyment thereof;
(h) "prescribed" means prescribed by rules made under this Act;
(i) "property" means immovable property of every kind and includes any rights in or over such property; and
(j) "tenant" means any person by whom or on whose account rent is payable for any premises and includes such Sub-tenants and other persons as have derived title under the tenant under any law for the time being in force.
### 3. (1) Where the competent authority is of the opinion that any property is needed or is likely to be needed for any public purpose, being a purpose of the State, and that the property should be requisitioned the competent authority-
(a) shall call upon the owner or any other person who may be in possession of the property, by notice in writing (specifying therein the purpose of the requisition) to show cause within thirty days of the date of the service of such notice on him, as to why the property should not be requisitioned; and
(b) may, by order, direct that neither the owner of the property nor any other person shall, without permission of the competent authority dispose of or structurally alter the property or let it out to a tenant until the expiry of such period, not exceeding two months, as may be specified in the order.
(2) If, after considering the cause, if any, shown by any person interested in the property or in possession thereof, the competent authority is satisfied that it is necessary or expedient so to do, it may, by order in writing requisition the property an may make such further orders as appear to it to be necessary or expedient in connection with the requisition :
Provided that no property or part thereof--
(a) which is bona fide used by the owner thereof as residence for himself or his family, or
(b) which is exclusively used either for religious worship by the public or as a school, hospital, public library or an orphanage or for the purpose of accommodation of a person connected with the management of such place of worship or such school, hospital, library or orphanage,
shall be requisitioned :
Provided further that where the requisitioned property consists of premises which are being used as a residence by a tenant for not less than two months immediately preceding the date of the service of notice under sub-section (1) , possession of the property shall not be taken unless the competent authority has provided such tenant with alternative accommodation which, in its opinion, is suitable.
### 4. (1) Where any property has been requisitioned under section 3, the competent authority may, by notice in writing, order the owner as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the competent authority or any person duly authorised by it in this behalf within thirty days of the service of the notice.
(2) If any person refuses or fails to comply with an order made under sub-section (1), the competent authority may take possession of the property and may, for that purpose, use such force as may be necessary.
(3) On taking possession of any property under this section, the competent authority shall, in the absence of an agreement as to the amount of compensation under clause (a) of sub-section (1) of section 9 and without prejudice to other provisions of this Act, tender every month payment of eighty percentum of the rental as estimated by him, as provisional compensation for such property, to the owners or persons entitled thereto.
(4) The amount paid or tendered under sub-section(3) shall be taken into account for determining the amount of compensation required to be paid under section 9 and where the compensations, so paid exceeds the compensation determined under section 9, the excess, unless refunded within three months from the date of award, shall be recoverable by deduction from the rental payable thereafter.
### 5. (1) All property requisitioned under section 3 shall be used for such purposes as may be mentioned in the notice of requisition.
(2) Where any premises are requisitioned under section 3, the competent authority may order the landlord to execute such repairs as may be necessary and are usually made by landlords in that locality and as may be specified in the notice within such reasonable time as may be mentioned therein and if the landlord fails to execute the repairs in pursuance of such order, the competent authority may cause the repairs specified in the order to be executed at the expense of the landlord and the cost thereof may, without prejudice to any mode of recovery, be deducted from the compensation payable to the landlord.
### 6. (1) The competent authority may at any time release from requisition any property requisitioned under this Act and shall, as far as possible, restore the property in as good condition as it was when possession thereof was taken, subject only to the changes caused by reasonable wear and tear and irresistible force :
Provided that where the purposes for which any requisitioned property was being used cease to exist, the competent authority shall release the property, as soon as may be, from requisition.
(2) Notwithstanding anything contained in sub-section (1), the State Government shall release from requisition-
(a) any property requisitioned under the Himachal Pradesh Requisitioning and Acquisition of Immovable Property Act, 1972 (20 of 1973), the possession of which is still with the Government on or before the expiry of a period of ten years from the 28th day of July, 1983;
(b) any property requisitioned or deemed to be requisitioned under this Act, after the 27th day of July, 1983, on or before the expire of a period of ten years from the date on which possession of such property was surrendered or delivered to or taken by the competent authority under section 4.
(3) Where any property is to be released from requisition, the competent authority may, after such enquiry, if any, as it may in any case consider necessary to make or cause to be made, specify by order in writing, the person to whom possession of the property shall be given and such possession shall, as far as practicable, be given to the person from whom possession was taken at the time of the requisition or to the successor(s)-in-interest of such person.
(4) The delivery of possession of the property to the person specified in an order under sub-section (2) shall be a full discharge of the Government from all liability in respect of the property, but shall not prejudice any rights in respect of the property to which any other person may be entitled, by due process of law, to enforce against the person to whom possession of the property is given.
(5) Where any person to whom possession of any requisitioned property is to be given is not traceable and has no agent or other person empowered to accept delivery on his behalf, the competent authority shall cause a notice, declaring that the property is released from requisition, to be affixed on some conspicuous part of the property and shall also publish the notice in the Official Gazette.
(6) When a notice referred to in sub-section (5) is published in the Official Gazette, the property specified in such notice shall cease to be subject to requisition on and from the date of such publication and shall be deemed to have been delivered to the person entitled to possession thereof and the Government shall not be liable for any compensation or other claim in respect of the property for any period after the said date.
(7) Where any property requisitioned under this Act or any material part thereof is wholly destroyed or rendered substantially and permanently unfit for the purpose for which it was requisitioned by reason of fire, earthquake, tempest, flood or operation of any army or violence of any mob or other irresistible force, the requisition shall, at the option of the Government, be void :
Provided that the benefit of this sub-section shall not be available to the Government where the injury to such property is caused by any wrongful act or default of the Government.
### 7. (1) After a period of two years from the date of requisition of any property, the owner or any person interested in such property, may apply to the competent authority to release it from requisition:
Provided that such application may be made before the expiry of two years from the date of requisition of the property if circumstances have arisen which the owner or any person interested in the property could not have urged when given an opportunity to show cause under clause (a) sub-section (1) of section 3.
(2) On receipt of an application under sub-section (1) the competent authority may, after calling for such information as it may find necessary, from the owner or any person interested in the property or making such further inquiry as it may consider necessary, pass orders in respect of that as it deems fit.
### 8. After the application for release from requisition made under section 7 has been rejected by the competent authority and the appeal filed before the Government under section 12 has also been rejected, no further application for release will be entertained by the competent authority till the expiry of a further period of two years:
Provided that another application may be made by the owner or any person interested in the property within two years of rejection of the first appeal if any further circumstances have arisen which he could not have urged in his previous application.
### 9. (1) Where any property is requisitioned under this Act, there shall be paid compensation the amount of which shall be determined in the manner and in accordance with the principles hereinafter set out, that is to say--
(a) Where the amount of compensation is fixed by agreement, it shall be paid in accordance with such agreement;
(b) where no such agreement can be reached, the Government shall appoint as an arbitrator a person who is or has been or is qualified for appointment as a Judge of a High Court;
(c) the Government may, in any particular case, nominate a person having expert knowledge as to the nature of the property requisitioned to assist the arbitrator and where such nomination is made, the person to be compensated may also nominate an assessor for the same purpose;
(d) at the commencement of the proceedings before the arbitrator, the Government and the person to be compensated shall state what in their respective opinion is a fair amount of compensation;
(e) the arbitrator shall, after hearing the dispute, make an award, within a period of one year reckoned from the date of order of requisition made by the competent authority under sub-section (2)of section 3, determining the amount of compensation which appears to him to be just and specifying the person or persons to whom such compensation shall be paid; and in making the award, he shall have due regard to the circumstances of each case and the provisions of sub-section (2) of this section;
(f) where there is any dispute as to the person or persons who is/are entitled to the compensation, the arbitrator shall decide such dispute and if the arbitrator finds that more than one persons are entitled to compensation, he shall apportion the amount thereof amongst such persons; and
(g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitration under this section.
(2) The amount of compensation payable for the requisition of any property shall, subject to the provisions of sub-sections(3) and (4), consist of--
(a) a recurring payment, in respect of the period of requisition, of a sum equal to the rent which would have been payable for the use and occupation of the property, if it had been taken on lease for that period; and
(b) such sum or sums, if any, as may be found necessary to compensate the person interested in all or any of the following matters, namely;--
(i) pecuniary loss due to requisition;
(ii) expenses on account of vacating the requisitioned premises;
(iii) expenses on account of re-occupying the premises upon release from requisition; and
(iv) damages (other than normal wear and tear) caused to the property during the period of requisition, including the expenses that may have to be incurred for restoring the property to the same condition in which it was at the time of requisition.
(3) The recurring payment, referred to in clause (a) of sub-section (2), in respect of any property shall, unless the property is sooner released from requisition under section 6, be revised in accordance with the provision of sub-section (4),-
(a) in a case where such property has been subject to requisition for a period of five years or a longer period immediately preceding the commencement of this Act-
(i) in the first instance with effect from the date of such commencement, and
(ii) further with effect from the expiry of five years from such commencement;
(b) in a case where such property has been subject to requisition immediately before such commencement for a period shorter than five years and the maximum period within which such property shall, in accordance with the provisions of sub-section (2) of section 6, be released from requisition, extends beyond five years from the date of its requisition,-
(i) in the first instance with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4, and
(ii) further with effect from the date of expiry of a period of five years from the date on which the revision made under clause (i) takes effect;
(c) in any other case, with effect from the date of expiry of five years from the date on which possession of such property has been surrendered or delivered to, or taken by, the competent authority under section 4.
(4) The recurring payment in respect of any property shall be revised by re-determining such payment in the manner and in accordance with the principles set out in sub-section (1) read with clause (a) of sub-section (2), as if such property had been requisitioned under this Act on the date with effect from which the revision has to be made under sub-section (3).
(5) Where there are several persons interested in the compensation, it shall be lawful for the Government either on its own motion or on an application from any person interested therein, to appoint the same or any other arbitrator to make an award or supplementary award in respect of the disputes.
Explanation. - In computing the period referred to in clause(e) of sub-section (1), any period or periods during which proceedings are held up on account of any stay or injunction by an order of any court, shall be excluded.
### 10. (1) The amount of compensation payable under an award shall, subject to any rules made under this Act, be paid or given by the competent authority to the person or persons entitled therein in such manner and within such time as may be specified.
(2) An interest at the rate of 9 percentum per annum shall be payable on the amount of compensation or any part thereof from the date of order of requisition made by the competent authority under sub-section (2) of section 3 till the date the amount stands paid or tendered:
Provided that where such compensation or part thereof is not paid or tendered within one year from the date it becomes due, interest at the rate of 15 percentum per annum shall be payable for the period exceeding one year. I.
Explanation I. - For computing interest under this sub-section, the amount paid as provisional compensation under sub-section (3) of section 4, if not already reduced while making the award, shall be deducted from the amount of compensation payable under the award.
Explanation II. - For the removal of doubts it is clarified that tender of amount of compensation to the persons entitled thereto shall, without prejudice to other provisions of this Act, be deemed to be the payment of compensation to the persons interested therein, for the purposes of this sub-section.
### 11. (1) Any person aggrieved by an order of requisition made by the competent authority under sub-section (2) of section 3 may, within thirty days from the date of service of the order, prefer an appeal to the Government:
Provided that the Government may entertain the appeal after 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.
(2) On receipt of an appeal under sub-section (1), the Government may, after calling for a report from the competent authority and giving an opportunity to the parties of being heard and after making such further enquiry, if any, as may be necessary, pass such orders as it thinks fit and the orders of the Government shall be final.
(3) Where an appeal is preferred under sub-section (1), the Government may stay the enforcement of the order of the competent authority for such period and on such conditions as it thinks fit.
### 12. (1) Any person aggrieved by an order made by the competent authority under sections 7 and 8 may, within thirty days from the date of service of the order, prefer an appeal to the Government:
Provided that the Government 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.
(2) On receipt of an appeal under sub-section (1), the Government may, after calling for a report from the competent authority and after making such further inquiry as it may consider necessary pass such orders as it deems fit and the orders of the Government shall be final.
### 13. (1) Any person aggrieved by an award of the arbitrator made under section 9 may, within sixty days from the date of such award prefer an appeal to the High Court of Himachal Pradesh:
Provided that the High Court may entertain the appeal after expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) If the sum which, in the opinion of the High Court, the arbitrator ought to have awarded as compensation is in excess of the sum which the arbitrator did award as compensation, the High Court may direct that the competent authority shall pay interest on such sum in excess at the rate of 9 percentum per annum from the date of the order of requisition made by the competent authority under sub-section (2) of section 3 till the date the amount of such sum in excess stands paid or tendered:
Provided that the High Court may also direct that where such sum in excess or any part thereof is paid or tendered after the date of expiry of a period of one year from the date on which the order of requisition is made under sub-section (2) of section 3, interest at the rate of 15 percentum per annum shall be payable from the date of expiry of the said period of one year on the amount of such sum in excess or part thereof which has not been paid or tendered before the date of such expiry.
Explanation. - For the removal of doubts it is clarified that tender of amount of compensation to the persons entitled thereto without prejudice to the provisions contained in this Act, shall be deemed to be valid payment for the purposes of this sub-section.
### 14. The competent authority and the arbitrator appointed under section 9, while holding an inquiry or arbitration proceedings, as the case may be, under this Act, shall have all powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) reception of evidence on affidavits;
(d) requisitioning any public record from any court or office; and
(e) issuing commissions for examination of witnesses.
### 15. The Government or the competent authority may, with a view to carrying out the purposes of section 3 or section 6 or section 9 by order require any person to furnish to such officer, as may be specified in the order, such information in his possession as may be specified relating to any property which is requisitioned or intended to be requisitioned under this Act.
### 16. The competent authority or any officer, empowered in this behalf by such authority by general or special order, may enter and inspect any property for the purposes of determining whether and if so in what manner an order under this Act should be made in relation to such property or with a view to securing compliance with an order made under this Act.
### 17. (1) Subject to the provisions of this section and any rules that may be made under this Act, every notice or order issued or made under this Act shall.-
(a) in case of any notice or order of a general nature affecting a class of persons, be published in the Official Gazette;
(b) in case of any notice or order affecting an individual, corporation or firm be served in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule of the Code of Civil Procedure, 1908 (5 of 1908); and
(c) in the case of any notice or order affecting an individual person (not being a corporation or firm) be served on such person-
(i) by, delivering or tendering it to that person; or
(ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer or such person or any adult male member of the family of such person, or by affixing a copy thereof on the outer door or on some conspicuous part of the premises in which that person is known to have last resided or carried on business or personally worked for gain; or
(iii) failing service by these means, by post.
(2) Where the ownership of the property is in dispute or where the persons interested in the property are not readily traceable and the notice or order cannot be served without undue delay, the notice or order may be served by publishing it in the Official Gazette, and where possible, by affixing a copy thereof on any conspicuous part of the property to which it relates.
### 18. No person interested in any property requisitioned or acquired under this Act shall, without the previous written consent of the competent authority or except for the purpose of affecting repairs or complying with municipal requirement, will fully disturb any convenience or easement attached to such property or remove, destroy or render unserviceable anything provided for permanent use therewith or discontinue or cause to be discontinued any supply or service provided for the property.
### 19. (1) The Government may, by notification in the Official Gazette, direct that the powers except those under sections 11, 12 and 24 exercisable by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to that Government.
(2) All notifications issued under sub-section (1) shall be laid, as soon as may be, before the legislative Assembly.
### 20. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.
(2) No suit or other legal proceeding shall lie against the Government or the competent authority 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 order made thereunder.
### 21. Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction in respect of any matter which the competent authority or arbitrator 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.
### 22. Whoever contravenes any provision of this Act or any rule made thereunder or any order made or direction given under this Act or obstructs the lawful exercise of any power conferred by or under this Act shall be punishable with fine which may extend to one thousand rupees, and when the offence is a continuing one with a further fine which may extend to fifty rupees for every day after the first during which the offence continues.
### 23. The competent authority, every arbitrator and every officer empowered by the Government or by the competent authority, while exercising any power or performing any duty under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.(45 of 1860).
### 24. (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 provide for all or any or the following matters, namely:-
(a) the procedure to be followed by the competent authority in making inquiries under section 3 or section 6;
(b) the procedure to be followed in arbitration proceedings and appeals under this Act;
(c) the principles to be followed in determining the amount of compensation, method of payment and conditions of such compensation;
(d) the principles to be followed in apportioning the cost of proceeding before the arbitrator and an appeal under this Act;
(e) the manner of service of notices and orders;
(f) rent and its recovery; and
(g) any other matter which has to be or may be prescribed.
(3) Every rule framed under this Act, shall be laid, as soon as may be after it is made before the Legislative Assembly, while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session, in which it is so laid or 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.
### 25. Notwithstanding anything to the contrary contained in any law for the time being in force-
(i) any immovable property requisitioned by the competent authority under the Himachal Pradesh Requisitioning and Acquisition of Immovable Property Act, 1972 (20 of 1973) (including any property deemed to have been requisitioned under that Act) which had not been released from such requisition before the 28th day of July, 1983;
(ii) any immovable property which purports to have been requisitioned after the 28th day of July, 1983, by an Officer of the Government, under the Himachal Pradesh Requisitioning and Acquisition of Immovable Property Act, 1972 (20 of 1973), and which has not been released from such requisition; shall, as from the date of such requisition, be deemed to have been requisitioned by the competent authority under the provisions of this Act for the purposes for which the said property was requisitioned or held and all provisions of this Act shall apply accordingly;
Provided that all agreements for determination and awards for payment of compensation in respect of any such property for any period of requisition shall be binding in so far as future compensation is concerned shall be valid and shall be deemed always to have been valid and shall continue to be in force and shall apply to payment of compensation in respect of that property.
### 26. (1) Subject to any rule that may be made in this behalf by the Government, any sum due by way of rent in respect of any requisitioned property which is in arrears may be recovered by the competent authority from the persons liable to pay the same in the same manner as an arrear of land revenue.
(2) Where any person is in unauthorised occupation of any requisitioned property, the competent authority may, in the prescribed manner, assess such damages on account of the use and occupation of the said property as it thinks fit and may, by notice served by post or in such other manner, as may be prescribed by rules made in this behalf, order that person to pay the damages within such time as may be specified in the notice.
(3) If any person refuses or fails to pay the damages within the time specified in the notice under sub-section (2), damages may be recovered in the same manner as arrears of land revenue.
### 27. (1) The Himachal Pradesh Requisition of Immovable Property Ordinance, 1987 (7 of 1987) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance repealed under sub-section (1), shall be deemed to have been done or taken under the corresponding provisions of this Act as if this Act had come into force on the day on which such thing was done or action taken.
Authorised English text of this Government Notification No. PBW(B&R) (B) 1 (1)1/85, dated 22nd February, 1991 as required under clause (3) of Article 348 of the Constitution of India.
Government of Himachal Pradesh
Public Works Department
No.PBW(B&R)(B) 1(1)1/85 dated Shimla-2 the 22nd February, 1991.
Notifications
In exercise of the powers conferred by clause (b) of Section 2 of the Himachal Pradesh Requisition of Immovable Property Act, 1987 (Act
No. 1 of 1988
), the Governor of Himachal Pradesh is pleased to appoint all the Deputy Commissioners in Himachal Pradesh as "Competent Authority" within their respective jurisdiction to perform the functions of the competent authority under the aforesaid Act.
By order.A.K. MohapatraCommissioner-cum-Secretary (PW) to theGovernment of Himachal Pradesh.
Endst No. as above dated Shimla-2 the 22 February, 1991.
Copy forwarded to :-
### 1. All Secretaries to the Government, of Himachal Pradesh. ###
2. The Divisional Commissioner Mandi, Kangra & Shimla.
### 3. All the Deputy Commissioners in Himachal Pradesh. ###
4. All Head of Departments in Himachal Pradesh.
### 5. The Engineer-in-Chief (B&R), HP, PWD & Engineer-in-Chief (IPH) U.S. Club, Shimla-1. ###
6. The Registrar, High Court of Himachal Pradesh at Shimla.
### 7. The Controller, Printing & Stationery, Press H.P., Shimla for publication in the Extraordinary Gazette. 2 copies of the Extraordinary Gazette containing this notification may be supplied for record. Deputy Secretary (PW) to theGovernment of Himachal Pradesh.
|
65b930d0ab84c7eca86e88d3 | acts |
State of Odisha - Act
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Orissa State Legal Services Authority Rules, 1996
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ODISHA
India
Orissa State Legal Services Authority Rules, 1996
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Rule ORISSA-STATE-LEGAL-SERVICES-AUTHORITY-RULES-1996 of 1996
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* Published on 11 April 1996
* Commenced on 11 April 1996
Orissa State Legal Services Authority Rules, 1996
Published vide Notification S.R.O. No. 267/96 dated 11th April, 1996, Orissa Gazette Extraordinary No. 394, dated 15.4.1996
S.R.O. No. 267/96 dated 11th April, 1996. - In exercise of the powers conferred by Section 28 of the Legal Service Authorities Act, 1987 (39 of 1987), as amended by the Legal Services Authorities (Amendment) Act, 1994 (No. 59 of 1994), the State Government, in consultation with the Chief Justice of the Orissa High Court, do hereby make the following rules, namely :
### 1. Short title and commencement.
(1) These rules may be called the Orissa State Legal Services Authority Rules, 1996.
(2) They shall come into force on the date of their publication in the Orissa Gazette.
### 2. Definitions.
- In these rules, unless the context otherwise requires,
(a) "Act" means the Legal Service Authorities Act, 1987;
(b) "Chairman" means the Executive Chairman of the State Authority, or, as the case may be the Chairman of the District Authority, or as the case may be, the Chairman of the Taluk Legal Service Committee;
(c) "District Authority" means a District Legal Services Authority constituted under Section 9;
(d) "High Court Legal Services Committee" means the High Court Legal Services committee constituted under Section 8-A;
(e) "Member" means a member of the State Authority nominated under Clause (c) of Sub-sections (2) of Section 6 or, as the case may be, the District Authority nominated under Clause (b) of Sub-section (2) of Section 9;
(f) "Secretary" means the Member-Secretary of the State Legal Services Authority constituted under Section 6, or, as the case may be, the Secretary of the High Court Legal Services Committee constituted under Section 8-A, or, as the case may be, the Secretary of the District Legal Service Authority constituted under Section 9;
(g) "Section" means a section of the Act;
(h) "State Authority" means the State Legal Authority constituted under Section 6;
(i) "Taluk Legal Services Committee" means an Taluk Legal Services Committee constituted under Section 11-A;
(j) All other words and expressions used in these rules but not defined shall have the meaning respectively assigned to them in the Act.
### 3. The number, experience and qualifications of other members of the State Authority under Clause (c) of Sub-section (2) of Section 6, -
(1) The State Authority shall have not more than fifteen members.
(2) The following shall be the ex-officio members of the State Authority:
(i) Advocate-General, Orissa;
(ii) the Secretary to Government, Finance Department;
(iii) the Secretary to Government, Law Department;
(iv) the Director General and Inspector-General of Police, Orissa;
(v) Chairman, Orissa State Commission for Backward Classes;
(vi) two Chairman of District Authorities, as may be nominated from time to time by the State Government in consultation with the Chief Justice of the High Court.
(3) The State Government may nominate, in consultation with the Chief Justice of the High court other members from amongst those possessing the experience and qualification prescribed in Sub-rule (4).
(4) a person shall not be qualified for nomination as a member of the State Authority, unless he is -
(a) an eminent Social Worker who is engaged in the upliftment of the weaker sections of the people, including Scheduled Castes, Scheduled Tribes, Women, Children, rural and urban labourers;
(b) an eminent person in the field of law; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes.
### 4. The powers and functions of the Member-Secretary of the State Authority under Sub-section (3) of Section 6, the powers and functions of the Member-Secretary of the State Authority, inter alia, shall be :
(a) to give free legal services to the eligible and weaker sections;
(b) to work out modalities of the Legal Services Schemes and programmes approved by the State Authority and ensure their effective monitering and implementation;
(c) to exercise the powers in respect of Administrative, Finance and Budget matters as Heads of Department in the State Government;
(d) to manage the properties, records and funds of the State Authority;
(e) to maintain true and proper accounts of the State Authority including checking and auditing in respect thereof periodically;
(f) to prepare Annual Income and Expenditure Account and Balance-Sheet of the said Authority;
(g) to liaise with the Social Action Groups and District Authorities and Taluk Legal Services Committees;
(h) to maintain up-to-date and complete statistical information including progress made in the implementation of various Legal Services programme from time to time;
(i) to process proposals for financial assistance and issue Utilisation Certificates thereof;
(j) to organise various Legal Services Programmes as approved by the State Authority and convene meetings or seminars and workshops connected with Legal Services Programmes and preparation of reports and follow-up action thereon;
(k) to produce video or documentary films, publicity material, literature and publications to inform general public about the various aspects of the Legal Services Programmes;
(l) to lay stress on the resolution of rural disputes and to take extra measures to draw schemes for effective and meaningful legal services for setting rural disputes at the door-steps of the rural people;
(m) to perform such of the functions as are assigned to him under the Schemes formulated under Clause (b) of Section 4; and
(n) to perform such other functions as may be expedient for the efficient functioning of the State Authority.
### 5. The terms of office and other conditions relating thereto, of members and Member-Secretary of the State Authority under Sub-section (4) of Section 6 -
(1) The members of the State Authority nominated under Sub-rule (3) of Rule 3 by the State Government shall continue for a term of two years and shall be eligible for re-nomination;
(2) A member of the State Authority nominated under Sub-rule (3) of Rule 3 may be removed by the State Government at any time if, in the opinion of the State Government, he is not desirable to continue as a member;
(3) If any member nominated under Sub-rule (3) of Rule 3 ceases to be a member of the State Authority for any reason, the vacancy shall be filled up in the same manner as the original nomination and the persons so nominated shall continue to be a member for the remaining period of the term of the member in whose place he is nominated;
(4) All members nominated under Sub-rule (3) of Rule 3 shall be entitled to payment of travelling allowance and daily allowance in respect of journeys performed in connection with the work of the State Authority and shall be paid by the State Authority in accordance with the rules as are applicable to the 1st Grades Officers of the State, as amended from time to time;
(5) If the nominated member is a Government employee, he shall be entitled to only one set of travelling allowance and daily allowance either from his parent Department, or, as the case may be, from the State Authority;
(6) The Member-Secretary of the State Authority shall be the whole time employees and shall hold office for a term of three years;
(7) In all matters relating to service conditions like age of retirement, pay and allowances, benefits and entitlements and in disciplinary matters, the Member-Secretary shall be governed by the State Government Rules and he shall be on deputation to the State Authority. He shall be entitled to the special pay as admissible to the deputations its belonging to that grade under the Government.
### 6. The number of officers and other employees of the State Authority under Sub-Sections (5) of Section 6 -
The State Authority shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day functions as are set out in Schedule-A to these rules.
### 7. The conditions of service and the salary and allowances of officers and other employees of the State Authority under Sub-section (6) of Section 6
(1) The officers and other employees of the State Authority shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Scheduled-A to these rules;
(2) In all matters relating to service conditions like age of retirement, allowances, benefits and entitlements and in disciplinary matters, the offices and other employees of the State Authority shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.
### 8. The experience and qualification of Secretary of the High Court Legal Services Committee under Sub-section (3) of Section 8-A.
A person shall not be qualified for appointment as Secretary of the High Court Legal Services Committee, unless he is an officer of the High Court not below the rank of Registrar.
### 9. The number of officers and other employees of the High Court Legal Services Committee under Sub-sections (5) of Section 8-A and the conditions of service and the salary and allowances payable to them under Sub-sections (6) of that section -
(1) The High Court Legal Services Committee shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day functions as are set out in Schedule-B to these rules;
(2) the officers and other employees of the High Court Legal Services Committee shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Scheduled to these rules;
(3) in all matters like age of retirement, allowances, benefits and entitlements and in disciplinary matters, the officers and other employees of the High Court Legal Services Committee shall be governed by the State Government Rules are as are applicable to persons holding equivalent posts.
### 10. The number, experience and qualification of members of the District Authority under Clause (b) of Sub-section (2) of Section 9 -
(1) the District Authority shall have not more than eight embers;
(2) the following shall be the ex-officio members of the District Authority
(i) District Magistrate;
(ii) Superintendent of Police of the district;
(iii) Chief Judicial Magistrate of the district; and
(iv) District Government Pleader;
(3) the State Government may nominate, in consultation with the Chief Justice of the High Court, other members from amongst those possessing the qualifications and experience provided in Sub-rule (4);
(4) a person shall not be qualified for nominations as a member of the District Authority, unless he is, -
(a) an eminent Social Worker who is engaged in the upliftment of the weaker sections of the people, including Schedule Castes, Scheduled Tribes, women, children and rural labourers; or
(b) an eminent person in the field of law; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes.
### 11. The number of officers and other employees of the District Authority under Sub-sections (5) of Section 9, -
The District Authority shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day functions as are set out in Scheduled C to these rules.
### 12. The conditions of service and the salary and allowances of the officers and other employees of the District Authority under Sub-sections (6) of Section 9,-
(1) The officers and other employees of the District Authority shall be entitled to draw pay and allowances in the scale of pay indicated against each post in Schedule C to these rules;
(2) In all matters relating to service conditions like age of retirement, allowances, benefits and entitlements and in disciplinary matters, the officers and other employees of the District Authority shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.
### 13. The number, experience and qualification of members of the Taluk Legal Services Committee under Clause (b) of Sub-sections (2) of Section 1f-A,
(1) The Taluk Legal Service Committee snail have not more than five members.
(2) The following shall be the ex efficio members of the Taluk Legal Services Committee -
(i) Sub-Collector; and
(ii) [ Sub-divisional Police Officer or where the post of Sub-divisional Police Officer does not exist in any Sub-division, the Circle Inspector of Police or the Inspector of Police as the case may be posted in the Sub-divisional headquarters.]
[Substituted vide Orissa Gazette Extraordinary No. 100 dated 21.1.2000.]
(3) The State Government may nominate, in consultation with the Chief Justice of the High Court, other members from amongst those possessing the qualifications and experience provided in Sub-rule (4).
(4) A person shall not be qualified for nomination as a member of the Taluk Legal Services Committee, unless he is, -
(a) an eminent Social Worker who is engaged n the upliftment of the weaker sections of the people including Scheduled Castes, Scheduled Tribes, women, children and rural labourers; or
(b) an eminent person in the field of law; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes.
### 14. The number of officers and to other employees of the Taluk Legal Service Committee under Sub-section (3) of Section 11-A,-
The Taluk Legal Services Committee shall have such number of officers and other employees for rendering secretarial assistance and for its day-to-day functions as are set out in Schedule D to these rules.
### 15. The conditions of service and the salary and allowances of officers and other employees of the Taluk Legal Service Committee under Sub-section (4) of Section 11-A, -
(1) The officers and other employees of the Taluk Legal Services Committee shall be entitled to draw a pay and allowances in the scale of pay indicated against each post in Schedule D to these rules.
(2) In all matters relating to service conditions like age of retirement, allowances, benefits and entitlement and in disciplinary matters, the officers and other employees of the Taluk Legal Services Committee shall be governed by the State Government Rules as are applicable to persons holding equivalent posts.
### 16. The upper limit of annual income of a person entitling him to legal services under Clause (h) of Section 12, if the case is before a Court, other than the Supreme Court,-
Any citizen of India whose annual income from all sources does not exceed rupees [twenty-five thousand]
[Substituted vide Orissa Gazette Extraordinary No. 159 dated 1.2.2000.]
shall be entitled to legal service under Clause (h) of Section 12.
### 17. The experience and qualifications of other persons of Lok Adalats under Sub-section (4) of Section 19, -
A person shall not be qualified to be included in the Bench of a Lok Adalat, unless he is -
(a) an eminent social worker who is engaged in the upliftment of the weaker sections of the people including Scheduled Castes, Scheduled Tribes, women, children, rural and urban labourers; or
(b) a lawyer of standing; or
(c) a person of repute who is specially interested in the implementation of the Legal Services Schemes and Programmes.
A
---
[See Rules 6 and 7 (1) ]
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Nomenclature of posts
|
Scale of pay
|
No. of posts
|
Job description
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
1.
|
Deputy Secretary belonging to the Orissa Superior Judicial
Service (Junior Branch) in the cadre of Chief Judicial
Magistrate.
|
3,000-100-3,500-125-4,500 (He shall be entitled special pay
as admissible to officers of that grade).
|
1
|
To render Secretarial assistance to the
Member-Secretary of the State Authority.
|
|
2.
|
Superintendent Level-I
|
2,200-75-2,650-EB-75-3,100-100-3,500.
|
1
|
To remain in overall charge of the work of
Class III and Class IV employees. Besides, his primary duty
shall be in relation to correspondence, maintenance of figures,
statistics and information of legal aid activities and dealing
with urgent important matters.
|
|
3.
|
Personal Assistant to the Member-Secretary.
|
1,800-60-2,400-EB-175-3,000.
|
1
|
He will functions as the Personal Assistant to
the Members-Secretary.
|
|
4.
|
Senior Stenographer to the Deputy Secretary
|
1,400-40-1,800-EB-50-2,300.
|
1
|
He will functions as the Stenographer to the
Deputy Secretary.
|
|
5.
|
Senior Assistant (One being accounts Knowing)
|
1,400-40-1,800-EB-50-2,300.
|
2
|
(i) To remain in charge of legal aid
applications and Lok Adalats. He will accompany to the
Member-Secretary or Deputy Secretary to the place of legal aid
programmes like Lok Adalat and other legal aid activities like
holding of para legal training camps, legal literacy camps,
legal aid camps, seminars and work-shops, etc. as and when
required.
|
|
|
|
|
|
(ii) To remain in charge of statistics
information, figures and progress report, library and accounts,
etc.
|
|
6.
|
Junior Assistant
|
950-20-1,150-EB-25-1,500.
|
3
|
(i) To remain in charge of stationery, stock of
furniture and forms, cash and vehicles.
|
|
|
|
|
|
(ii) To deal with District Authority High
Court/Taluk Committee file and record.
|
|
|
|
|
|
(iii) To remain in charge of diary, despatch
and postal accounts.
|
|
7.
|
Junior Grade Typist
|
950-20-1,150-EB-25-1,500.
|
1
|
As prescribed for equivalent post in State
Government Offices.
|
|
8.
|
Driver
|
950-20-1,150-EB-25-1,500.
|
2
|
As provided for equivalent post in State
Government Offices.
|
|
9.
|
Peon
|
750-12-870-EB-14-940.
|
5
|
As may be detailed.
|
|
10.
|
Sweeper-cum-Watchman
|
750-12-870-EB-14-940.
|
1
|
He is to watch the office building and sweep
the rooms of the office.
|
Note - The manner of recruitment and appointment of officers and employees shall be such as the State Legal Service Authority may, subject to the approval of the State Government, determine.
B
---
[See Rule 9 (1) (2)]
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Nomenclature of posts
|
Scale of pay
|
No. of posts
|
Job description
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
(Rupees) |
|
|
|
1.
|
Secretary (Ex officio) who shall be one of the Registrar of
the High Court to be appointed by the Chief Justice of the High
Court.
|
Own scale of pay
|
1
|
To function as the Secretary of the High Court
Legal Services Committee.
|
|
2.
|
Superintendent Level I
|
2,200-75-2,650-EB-75-3,100-100-3,500.
|
1
|
He will remain in overall charge of supervisor
of work of Class III and Class IV employees of the Committee.
His primary duty will be to put up files in regard to
administration, implementation of Legal Services Programmes and
Legal aid activities of the Committee. He will also deal with
urgent and important matters and correspondence. Besides, he
will remain incharge of motor vehicle.
|
|
3.
|
P.A. to Secretary (Ex officio) who will be the existing P.A.
to the concerned Registrar
|
Own scale of pay
|
1
|
He will function as the P.A. to the Secretary
|
|
4.
|
Senior Assistant (Accounts) |
1,400-40-1,800-EB-50-2,300
|
1
|
He is to prepare all bills expenditure
statements, Utilisation Certificate, maintain account registers
and voucher and deal with Bank and Treasury transactions.
|
|
5.
|
Junior Assistant
|
950-20-1,150-EB-25-1,500.
|
1
|
He will remain in charge of stationery, forms
and furniture and library, all correspondence tiles and papers,
diary and despatch and postal stamp accounts and other matters
as may be assigned from time to time.
|
|
6.
|
Peon
|
750-12-870-EB-14-940.
|
1
|
He is to assist and carry the files, registers
and papers from one place to another in the office, to carry and
distribute local daks and to help on Bank and Treasury
transactions.
|
Note I - The ex officio officer/employee shall be entitled to an annual honorarium equivalent to one month's basic pay.
Note II - The manner of recruitment and appointment in relation to mentioned against Serial Numbers 2 to 6 shall be such as the Secretary with approval of the Chief Justice, Orissa High Court may determine.
C
---
[See Rules 11 and 12 (1) ]
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Nomenclature of posts
|
Scale of pay
|
No. of posts
|
Job description
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
Rs.
|
|
|
|
1.
|
Secretary (Ex-officio) who shall be one of the existing
officers of the Orissa Judicial Service Class I (Senior
Division) at the station to be appointed by the State Authority
in consultation with the Chairman of the District Authority.
|
Own Scale of pay
|
1
|
He will function as the Secretary of the
District Authority as required under the Act.
|
|
2.
|
Senior Clerk (Accounts) |
1,200-30-1,560-EB-40-2,040.
|
1
|
He will remain in charge of legal aid
applications will accompany to the Secretary to the place of
Legal Aid Programmes like legal literacy camps, legal aid camps
and para legal training camps. He will also remain in charge of
register panel lawyers and deal with bills for sanction of
advance expenditure in legal aid proceedings where legal aid has
been granted, remain in charge of cash, cash registers,
vouchers, stores, and stationery and all account matters will
prepare all bills and deal with Bank and Treasury transactions
and also prepare expenditure statements and Utilisation
Certificate.
|
|
3.
|
Junior Clerk
|
950-20-1,150-EB-25-1,500
|
1
|
He will remain in charge of register of legal
aid applications, forms furniture, and library, will maintain
all correspondence files and papers, remain in charge of diary
and despatch and postal stamps and discharge such other duties
as may be entrusted to him from time to time.
|
|
4.
|
Senior Stenographer (Ex officio) who shall be one of the
existing Stenographers.
|
Own scale of pay
|
1
|
He will functions as the Steno to the
Secretary.
|
|
5.
|
Peon
|
750-12-870-EB-14-940.
|
1
|
To assist and carry the files, registers and
papers from one place to another in the office to carry and
distribute local daks and help the Accountant in respect of Bank
and Treasury transactions. To service notices and process.
|
Note I. - The Ex-officio officer and employee shall be entitled to annual honorarium equivalent to one month's basic pay.
Note II. - The manner of recruitment and appointment of the employees shall be such as the State Authority may determine.
D
---
See Rules 14 and 15
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Nomenclature of posts
|
Scale of pay
|
No. of posts
|
Job description
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
(Rupees) |
|
|
|
1.
|
Junior Clerk-cum-Typist
|
950-20-1,150-EB-25-1,500
|
1
|
He will deal with legal aid applications and
all matters connected with organisation of Lok Adalats and other
services activities within the Taluk, maintain primary register,
register of monthly meetings of the Committee, accounts
register, register of panel lawyers, letters received and
issued. He will compile statistics, progress reports, deal with
all Banks and Treasury transactions, payment of remuneration to
lawyers, prepare and submit Utilisation Certificate, expenditure
statements and maintain vouchers and be in charge of forms,
stationery, furniture and library.He will maintain all files to
letters received and issued and records and papers of the
Committee. He will also accompany the Chairman to the place of
Lok Adalat and other legal services activities, when required.
|
|
2.
|
Peon
|
750-12-870-EB-14-940.
|
1
|
He will perform all duties as such attached to
the Committee which will include distribution of daks, service
of notices with regard to Lok Adalats and other legal services
activities, accompanying the Chairman to place of Lok Adalat,
besides helping the Junior Clerk in Bank and Treasury
transactions.
|
Note - The manner of recruitment and appointment of the employees shall be such as the State Authority may determine.
|
65ba2057ab84c7eca86eaaa9 | acts |
State of Maharashtra - Act
----------------------------
The Chief Accounts Officer, Maharashtra Industrial Development Corporation (Recruitment) Rules, 1982
------------------------------------------------------------------------------------------------------
MAHARASHTRA
India
The Chief Accounts Officer, Maharashtra Industrial Development Corporation (Recruitment) Rules, 1982
======================================================================================================
Rule THE-CHIEF-ACCOUNTS-OFFICER-MAHARASHTRA-INDUSTRIAL-DEVELOPMENT-CORPORATION-RECRUITMENT-RULES-1982 of 1982
---------------------------------------------------------------------------------------------------------------
* Published on 2 September 1982
* Commenced on 2 September 1982
The Chief Accounts Officer, Maharashtra Industrial Development Corporation (Recruitment) Rules, 1982
Published vide Notification No. G.N., R.D.D., No. IDC. 1180/(2492) /IND-14, dated 2nd September, 1982 (M.G.G., Part 4B, p. 894)
In exercise of the powers conferred by sub-section (1) and clause (b) of sub-section (2) of section 63 of the Maharashtra Industrial Development Act, 1961 (Maharashtra III of 1962) and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules regulating recruitment to the post of Chief Accounts Officer, Maharashtra Industrial Development Corporation, namely:-
### 1. These rules may be called the Chief Accounts Officer, Maharashtra Industrial Development Corporation (Recruitment) Rules, 1982.
### 2. In these rules unless the context requires otherwise,-
(a) "Act" means the Maharashtra Industrial Development Act, 1961;
(b) "degree" means a degree of a Statutory University;
(c) "Corporation" means the Maharashtra Industrial Development Corporation;
(d) "Government" means the Government of Maharashtra;
(e) "recognised institutions" means the institutions recognised by Government.
### 3. Appointment to the post of Chief Accounts Officer in Corporation shall be made either
(a) by promotion of a suitable Deputy Chief Accounts Officer having not less than ten years service in the Accounts and Finance Department, out of which five years should be as Deputy Chief Accounts Officer and possessing qualifications prescribed for appointment by nomination in clause (c) of this rule; or
(b) by deputation of a suitable person holding equivalent post in the service of the Government of Government of India or any local authority or statutory Corporation possessing the qualifications and experience prescribed for appointment by nomination in clause (c) of this rule; or
(c) by nomination from amongst candidates who,-
(i) unless already in the service of the Corporation or Government are not more than 45 years of age;
(ii) possess a degree or Master's Degree in Arts, Science, Commerce at least in Second Class;
(iii) passed final examination of the Institute of Cost and Works Accountants; or Institute of Chartered Accounts; or S.A.S. Examination of the Indian Audit Department; or Management and Business Administration (M.B.A.) with specialisation in Finance; or Maharashtra Finance and Accounts Service (Class I); and
(iv) have experience of Finance and Accounts Department of Government of India or any Public Sector Undertaking of Central or State Government for not less than five years in the position which the appointing authority considers responsible :
Provided that, preference shall be given to candidates having knowledge of Public Works Accounts :
Provided further that, the age limit may be relaxed by Government in favour of a candidate having exceptional qualifications or experience or both.
### 4. [ to 5.
[Deleted by 26.6.1984.]
\* \* \*]
### 6. A person appointed to the post by nomination shall be on probation of a period of two years.
### 7. A person appointed to the post shall be liable for transfer any where in the State of Maharashtra.
|
65ba4a1eab84c7eca86eae77 | acts |
State of Kerala - Act
-----------------------
Abkari Act, 1 of 1077
-----------------------
KERALA
India
Abkari Act, 1 of 1077
=======================
Act 1 of 1077
---------------
* Published on 5 October 2010
* Commenced on 5 October 2010
Abkari Act,
1 of 1077
(Kerala Act
No. 1 of 1077
)
Last Updated 13th February, 2020
The Act was passed by His Highness the [Maharaja]
[Substituted for 'Raja' by Act 1 of 1109]
of Cochin on the 5th day of August 1902, corresponding to the 31st day of Karkadagom 1077 and extended to the whole of Kerala as per Act 10 of 1967 which received the assent of the President on 29th July, 1967.
Preamble. - Whereas it is expedient to consolidate and amend the law relating to the import, export, transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs in the [State of Kerala]
[Substituted for the words 'Cochin State' by Act 10 of 1967.]
is enacted as follows:-
I. - Preliminary And Definitions
### 1. Short title.
- This Act may be cited as "the [Abkari Act]
[Substituted for the words 'Cochin Abkari Act' by Act 10 of 1967.]
1 of 1077.
Extent. - It extends to the whole of the [State of Kerala]
[Substituted for the words 'Cochin State' by Act 10 of 1967.]
.
[Commencement.- x x x ]
[The paragraph 'and it shall come into force in any Taluk or other local area within the said State to such extent and from such date as the Diwan by Notification shall direct' omitted by Section 5 (C) of Act, 10 of 1967.]
### 2. Repeal of Enactments.
- From the date on which this Act comes into force [\*\*\*]
[Omitted by Act 10 of 1967.]
, the enactment mentioned in the schedule hereto annexed shall be repealed to the extent specified in the third column of the said Schedule [x x x ]
[Omitted by Act 10 of 1967.]
:
Provided that all [Licences and privileges]
[Substituted by Act 10 of 1967.]
granted under any of the said enactments in force on the date on which this Act comes into force [\*\*\*]
[Omitted by Act 10 of 1967.]
shall continue in force for the periods for which the same have been respectively granted, subject to the provisions of the enactments under which such [Licences and privileges]
[Substituted by Act 10 of 1967.]
were granted:
Provided further that the said repeal shall not affect any act done, or any offence committed, or any proceedings commenced or any claim which has arisen or any penalty which has been incurred, before this Act comes into force.
### 3. Interpretation.
- In this Act, unless there be something repugnant in the subject or context :-
(1) Abkari Revenue:- "Abkari Revenue" means revenue derived or derivable from any duty, fee, tax, fine or confiscation, imposed or order under the provisions of this Act, or of any other law for the time being in force relating to liquor or intoxicating drugs.
(2) Abkari officer:- "Abkari Officer" means the [Commissioner of Excise]
[Substituted for 'Superintendent of Abkari Revenue' by Section 2 of Act III of 1106.]
or any officer or other person lawfully appointed or invested with powers under Sections 4 or 5.
(2A)
[ Blending:- "Blending" means the mixing of two different spirits of the same or different strength;
[Inserted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-2003.]
(2B)
Bonded Warehouse:- "Bonded Warehouse" means a warehouse where liquor is stored in bond.]
(3) Commissioner :- ["Commissioner"]
[Substituted for 'Superintendent' by Act No. 12 of 2003, dated 1-4-2003.]
means the officer appointed by the [Government]
[Substituted for the word 'Diwan' throughout the Principal Act by Section 4 of Act 10 of 1967.]
under section 4, clause (a) .
[(4) "Collector" means the Collector of a district and includes any other officer appointed by the Government to exercise the powers and perform the duties of a Collector under this Act]
[Substituted by Act No. 10 of 1967.]
;
[(5) Compounding:- "Compounding" means the preparation of foreign liquor by the addition of flavouring or colouring matter or both to imported or Indian made spirits.]
[Clause 5 Diwan:- Diwan includes an acting or officiating Diwan' Omitted by Section 7(b) of Act 10 of 1967.]
(6) Abkari Inspector:- "Abkari Inspector" means an officer appointed under section 4, clause (d).
[(6A) "Arrack" means any potable liquor other than Toddy, Beer, Spirits of Wine, Wine, Indian made spirit, foreign liquor and any medicinal preparation containing alcohol manufactured according to a formula prescribed in a pharma-copoeia approved by the Government of India or the Government of Kerala, or manufactured according to a formula approved by the Government of Kerala in respect of patent and proprietary preparations or approved as a bonafide medicinal preparation by the Expert Committee appointed under Section 68A of the Act;]
[Inserted by Act 4 of 1996.]
(7) Imprisonment:- "Imprisonment" means imprisonment of either description as defined in the [Indian Penal Code.]
[The words 'Cochin Penal Code' substituted by Act 10 of 1967.]
(8) Toddy:- "Toddy" means fermented or unfermented juice drawn from a coconut, palmyra, date, or any other kind of palm tree.
(9) Spirits:- "Spirits" means any liquor containing alcohol and obtained by distillation, [ x x x x ]
[The words 'whether it is denatured or not' added by Act V of 1091 and omitted by Act IV of 1996.]
.
[ x x x x ]
[Explanation Added by Act V of 1091 and omitted by Act 4 of 1996.]
(10) Liquor:- "Liquor" includes spirits of wine, [arrack]
[Substituted 'methylated spirit' by section 2(c) of Act 4 1996.]
, spirits, wine, toddy, beer and all liquid consisting of or containing alcohol.
(11) Beer:- "Beer" includes ale, stout, porter and all other fermented liquors usually made from malt.
(12) [Country liquor:-
[Substituted by section 2(d) of Act 4 of 1996.]
"Country Liquor" means toddy or arrack;]
(13) Foreign Liquor:- "Foreign Liquor" includes all liquor other than country liquor.
Provided that in any case in which doubt may arise the Government may declare by notification what, for the purposes of this Act, shall be deemed to be "country liquor" and what "foreign liquor".
[(13A) "Foreign Made Foreign Liquor" means any liquor produced, manufactured or blended, compounded and bottled abroad and imported into India by land, air or sea;
[Inserted by Act No. 5 of 2018, dated 31.3.2018.]
(13B)
"Indian Made Foreign Liquor" means any foreign liquor other than Foreign Made Foreign Liquor;;]
[(14) intoxicating drug means any intoxicating substance other than a Narcotic drug or a psychotropic substance regulated by the Narcotic Drugs and Psychotropic Substance Act, 1985 (Central Act, 61 of 1985), which the Government may by notification declare to be an intoxication drug.]
[Substituted firstly by section 2 of Act L of 1112 and again section 2(e) of Act 4 of 1996.]
(15) Sale or Selling:- "Sale or selling" includes any transfer [including]
[Substituted for the words 'otherwise than by way of' by section 7(g) of by Act 10 of 1967.]
gift.
[(16) "Import" means to bring into the State.
[Substituted by Act No. 10 of 1967.]
(17) "Export" means to take out of the State.]
[(17A) "Transit" means to move from one place in a State to another place in that State or to any other state through the territory of the State of Kerala.
[Substituted by Act 16 of 1997]
Explanation. - In this clause, "State" means a State other than the State of Kerala and includes a Union Territory].
(18) Transport :- "Transport" means to move from one place to another within the [\*\*\*]
[The word 'Cochin' omitted by Act 10 of 1967.]
State.
(18A)
[ x x x ]
[Inserted by Act V of 1091 and omitted by Act 4 of 1996.]
(19) Manufacture:- "Manufacture" includes every process, whether natural or artificial, by which any fermented, spirituous, or intoxicating liquor or intoxicating drug is produced, [prepared [compounded]
[Substituted for the words 'or pepared' by section 3 (v) of Act V of 1091.]
or blended] and also redistillation and every process for the rectification of liquor.
[(19A) Bottle:- "Bottle" means to transfer liquor from a cask or other vessel to bottle, jar, flask or similar receptacle for the purpose of sale, whether any process of manufacture be employed or not, and includes rebottling]
[Inserted by Section 3(vi) of Act v of 1091.]
.
(20) Rectification :- "Rectification" includes every process whereby spirits are purified or are coloured or flavoured by making any material therewith.
(21) Place :- "Place" includes also a house, building, shop [tent, booth, raft, vehicle and vessel]
[Substituted for the words 'tent and vessel' by section 7(j) of Act 10 of 1967.]
.
[(21A) Police Station:- "Police Station" includes any place which the Government may, by notification, declare to be Police Station for the purposes of this Act]
[Inserted by Section 3(vii) of Act V of 1091.]
.
(22) Tap :- "Tap" means to prepare or manipulate the spathe or other part of any toddy-producing tree with the object of extracting toddy therefrom. The attaching of pots is not necessary to constitute the act.
[(23) Rental:- "Rental" means the rental payable under Section 18A in consideration of the grant of an exclusive or other privilege of manufacturing supplying or selling any liquor or intoxicating drugs.]
[Inserted by Section 2(ii) of presidents Act 1 of 1964.]
[(24) State:- "State" means the State of Kerala]
[Inserted by Section 7(k) of Act 10 of 1967.]
.
[(25) Warehouse :- "Warehouse" means that part of a distillery, brewery, winery or other manufactury where liquor intended for issue is kept and includes a warehouse established under a special licence taken out under the Act or Rules;]
[Clause (25) inserted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-2003.]
II. - Establishment and Control
### 4. [The Government may, by notification in the Gazette.]
[Substituted for 'The Diwan from time to time, by notification applicable to any Taluk or other local area in which this Act is in force, may:-' by Section 8(a) of Act 10 of 1967.]
(a) The Government may appoint an officer to control the administration of the Abkari Department:- Appoint an officer, who shall be styled the [Commissioner of Excise]
[Substituted for 'Superintendent of Abkari Revenue' by Section 2 of Act III of 1106.]
and who shall, subject to the general control of the Government have [Control]
[Substituted for 'Charge' by Section 3(i) of Act L of 1112.]
of the administration of the Abkari Department and of the collection of the Abkari Revenue or of both;
(b) May appoint any person other than the Commissioner to perform all or any of his duties :- Appoint any person other than the [Commissioner of Excise]
[Substituted for 'Superintendent of Abkari Revenue' by Section 2 of Act III of 1106.]
to exercise all or any of the powers and to perform all or any of the duties of the [Commissioner of Excise]
[Substituted for 'Superintendent of Abkari Revenue' by Section 2 of Act III of 1106.]
, subject to the control of the Government.
(c) May withdraw Abkari powers from commissioner or other officer appointed under clause (a) or clause (b):-Withdraw from the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
or other officer appointed under clause (a) or clause (b) any or all of his powers in respect of the Abkari Revenue;
(d) May appoint officer to take action under Sections 40 to 53:- Appoint officers to perform the acts and duties mentioned in Sections 40 to 53 inclusive of this Act;
(e) And subordinate officers:- Appoint subordinate officers of such classes and with such designations, powers and duties under this Act as the Government may think fit.
(f) May appoint any [Officer of Government]
[Substituted for the words 'Sirkar Officer' by Section 8(b) of Act 10 of 1967.]
or persons to act as above :- Order that all or any of the powers and duties assigned to any officer under clauses (d) and (e) of this section shall be exercised and performed by any [Officer of Government]
[Substituted for the words 'Sirkar Officer' by Section 8(b) of Act 10 of 1967.]
or any person.
(g) [ Delegate to any Abkari Officer all or any of [their powers]
[Added by Section 3(ii) of Act L of 1112.]
under this Act;]
### 5. [ The Government may, from time to time, make rules.
[Substituted by Section 4 of Act L of 1112.]
(1) Prescribing the powers and duties under this Act to be exercised and performed by Abkari Officers of the several classes; and
(2) regulating the delegation by the Government or by the Commissioner of Excise of any powers conferred by this Act or exercised in respect of Abkari Revenue under any law for the time being in force]
### 5A. [ Power of the Government to authorise officers to admit persons arrested to bail.
[Inserted by Section 4 of Act V of 1091.]
- The Government may, by notification, and subject to such conditions as may be prescribed in such notification empower all or any of the officers or classes of officers or persons mentioned in section 34, either by name, or in virtue of their office, throughout the [\*\*\*] State or in any local area, to admit a person arrested under the section to bail to appear, when summoned or otherwise directed, before an Abkari Officer having jurisdiction to enquire into the offence for which such person has been arrested, and may cancel or vary such notification].
III. - Import, Export and Transport
### 6. [ Import of liquor or intoxicating drug.
[Substituted by Act No. 10 of 1967.]
(1) No liquor or intoxicating drug shall be imported unless the permission of the Government or any officer authorised by the Government in this behalf is obtained for the importation of such liquor or intoxicating drug and unless the duties, taxes, fees and such other sums as are due to the Government under this Act, in respect of such liquor or intoxicating drug, have been paid [or a bond for such payment on its importation has been executed.]
[Provided that notwithstanding anything contained this Act, no import fee shall be Ievied on rectified spent or Extra Neutral Alcohol including absolute alcohol intended to be used for the manufacture of liquor meant for human consumption.]
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
(2) A permission granted by the Government or such officer under subsection (1) shall subject to such conditions and restrictions as may be specified by the Government by notification in the Gazette.]
### 7. [ Export of liquor or intoxicating drug.
[Substituted by Act No. 10 of 1967.]
(1) No liquor or intoxicating drug shall be exported unless its export is permitted by the Government or any officer authorised by the Government in this behalf and unless:-
(a) the duties, taxes, fees and such other sums as are due to the Government under this Act, in respect of such liquor or intoxicating drug, have been paid; or
(b) a bond for such payment on its exportation or re-exportation has been executed.
(2) A permission granted by the Government or such officer under subsection (1) shall be subject to such conditions and restrictions as may be specified by the Government by notification in the Gazette.]
### 8. Prohibition of manufacture, import, export, transport, transit, possession, storage, sales, etc., of arrack.
- [(1) No person shall manufacture, import export [without permit transit]
[Section 8 omitted by Act 10 of 1967 and again inserted by Act 10 of 1996. By Act 16 of 1997 section 8 renumbered as sub section 1 of that section and sub-section 2 inserted.]
possess, store, distribute, bottle or sell arrack in any form.]
(2) [ If any person contravenes any provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than one lakh.]
[Section 8 omitted by Act 10 of 1967 and again inserted by Act 10 of 1996. By Act 16 of 1997 section 8 renumbered as sub section 1 of that section and sub-section 2 inserted.]
### 9. Prohibition of the transport of liquor.
- The Government may, from time to time, by notification, prohibit the transport of liquor or of intoxicating drugs or of any kind of liquor or intoxicating drugs, from any local area into any other local area.
### 10. Transporting of liquor or intoxicating drug.
- No liquor or intoxicating drug, exceeding such quantity as the Government may, from time to time, prescribe by notification in the [\*\*\*]
[The word 'Sirkar' omitted by Section 12(a) of Act 10 of 1967.]
Gazette either generally for the whole State or for any local area, shall be transported except under a permit issued under the provisions of the next following section.
[\*\*\*]
[Proviso omitted Section 12(b) of Act 10 of 1967.]
### 11. Permits for transport.
- Permits for the transport of liquor or intoxicating drug may be issued by the 76[Commissioner] or by any person duly empowered in that behalf.
Such permits shall be either general for definite periods and kinds of liquor or intoxicating drugs, or special for specified occasions and particular consignments only.
Every permit shall specify:-
(a) the name of the person authorised to transport liquor or intoxicating drugs;
(b) the period for which the permit is to be in force;
(c) the quantity and description of liquor or intoxicating drugs for which it is granted;
(d) any other particulars which the Government may prescribe.
General permits shall be granted only to persons licensed under this Act and shall cover any quantity of liquor transported at any one time within the quantity specified in the permit.
Permits shall extend to and include servants and other persons employed by the grantees and acting on their behalf.
IV. - Manufacture, Possession and Sale
### 12. Manufacture of liquor or intoxicating drug prohibited except under the provisions of this Act.
- [(1) ]
[Numbered as sub section (1) by section 3(2) of Act XIX of 1111.]
No liquor or intoxicating drug shall be manufactured.
[\*\*\*]
[Provisions regarding prohibition of cultivation and collection of hemp and coca plaints omitted by section 3(1) of Act XIX of 1111.]
no toddy producing tree shall be tapped;
no toddy shall be drawn from any tree;
[no distillery, brewery, winery or other manufactory in which liquor is manufactured shall be constructed or worked;]
[Substituted for the words 'no distillery or brewery shall be constructed or worked' by Section 13 of Act 10 of 1967.]
[\*\*\*]
[The word 'and' was deleted by Section 5(iii) of Act V of 1091.]
[no liquor shall be bottled for sale; and]
[Inserted by Section 5(iii) of Act v of 1091.]
no person shall use, keep or have in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing any liquory other than toddy or any intoxicating drug;
except under the authority and subject to the terms and conditions of a licence granted by the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
in that behalf, or under the provisions of Section 21;
Provided that the Government may, by notification, direct that in any local area it shall not be necessary to take out a licence for the manufacture of liquor for Bona-fide home consumption.
[Licences granted under this section shall extend to and cover servants and other persons employed by the licencees and acting on their behalf]
[Added by Section 5(iv) of Act V of 1091.]
[\*\*\*]
[Added by Section 3(2) of Act XIX of 1111 and deleted by Section 2(2) of Act 22 of 1124.]
### 12A. [ Manufacture of preparations containing liquor or intoxicating drug.
[Inserted by Section 14 of Act 10 of 1967.]
- No preparation to which liquor or intoxicating drug is added during the process of its manufacture or in which alcohol is self generated during such process shall be manufactured in excess of the quantity specified by the Commissioner:
Provided that in specifying the quantity of a medicinal preparation, the Commissioner shall have due regard to the total requirement of that preparation for consumption or use in the State.]
### 12B. [ Utilisation of liquor or intoxicating drug in the manufacture, and limit of possession, of certain preparations.
[Inserted by Section 14 of Act 10 of 1967.]
(1) No person shall utilise liquor or intoxicating drug in the manufacture of any preparation in excess of the quantity specified by the Commissioner and except under and in accordance with the terms and conditions of a licence granted by the Commissioner in that behalf:
Provided that where such preparation is a medicinal preparation, the Commissioner shall, in specifying the quantity of liquor or intoxicating drug, have due regard to the total requirement of such medicinal preparation for consumption or use in the State.
(2) No person shall possess any preparation containing liquor or intoxicating drug, other than a medicinal preparation for the bona-fide treatment, mitigation or prevention of disease in human beings or animals, in excess of the quantity specified by the Commissioner.]
### 12C. [ Prohibition of counterfeiting, selling, buying, receiving, possessing, etc of any forged or counterfeit label or security sticker.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
(1) No person shall counterfeit or knowingly perform,any part of the process of counterfeiting, any label or security sticker which is used for the sale of liquor.
(2) No person shall sell or buy or receive from any other person or otherwise traffic in, or use any forged or counterfeit label or security sticker which is used for the sale of liquor knowing or having reason to believe that the same is forged or counterfeit.
(3) No person shall have in his possession any forged or counterfeit label or security sticker knowing or having reason,to believe that the same is forged or counterfeit and intending to use the same as genuine for the sale of liquor.
(4) No person shall make or buy or sell or dispose of any machinery instrument, printing press, computer, printer or scanner or any similar material for the purpose of being used or knowing or having reason to believe that it is intended to be used for forging or counterfeiting any label or security sticker for the sale of liquor.
Explanation. - For the purpose of this section the expression "counterfeit" shall have the same meaning as in section 28 of the Indian Penal Code, 1860 (Central Act 45 of 1860).]
### 13. Possession of liquor or intoxicating drugs in excess of the quantity prescribed by the Government prohibited.
- No person not being a licensed manufacturer or vendor of liquor or intoxicating drugs shall have in his possession any quantity of liquor or intoxicating drugs in excess of such quantities as the Government may from time to time, prescribe by notification, either generally [or specially with regard to persons, places or time]
[Substituted for the words 'for the whole state or for any Taluk or other local area' by section 6(i) of Act 5 of 1091.]
in respect of any specified description or kind of liquor or intoxicating drug, unless under a licence granted by the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
in that behalf :
Provided that-
(1) No fee to be charged for license for possession for private consumption. - No fee shall be charged for any such license granted for the possession of such liquor or intoxicating drugs for bona-fide private consumption or use.
(2) Proviso as regards foreign liquor. - Nothing in this section extends to any foreign liquor [other than denatured spirit]
[Inserted by Section 6(ii) of Act V of 101.]
in the possession of any warehouse man as such [\*\*\*]
[The words 'or of any person for his bona-fide private consumption and not for sale' omitted by Act XV of 1124.]
.
### 13A. [ Power to prohibit possession of liquor or drugs.
[Inserted by Section 7 of Act XV of 1124.]
- The Government may, by notification, prohibit the possession by any person or class of persons either throughout the whole State or in any local area, of any liquor or intoxicating drug either absolutely or subject to such conditions as [the Government may prescribe.]]
### 14. [ Establishment and control of distilleries breweries, warehouses, etc.
[Substituted by Section 16 of Act 10 of 1967.]
- The Commissioner may, with the previous approval of the Government.
(a) establish public distilleries, breweries or wineries, or authorise the establishment of private distilleries, breweries, wineries or other manufactories in which liquor may be manufactured under a licence granted under this Act;
(b) establish public warehouses or authorise the establishment of private warehouses wherein liquor may be deposited and kept [with or] without payment of duty under a licence granted under this Act;
(c) Discontinue any public or private distillery, brewery, winery or other manufactory or warehouse so established;
(d) prescribe the mode of supervision that may be necessary in a distillery, brewery, winery or other manufactory or warehouse so established, or in any other manufactory where preparations containing liquor or intoxicating drugs are manufactured, to ensure the proper collection of duties, taxes and other dues payable under this Act or the proper utilisation of liquor or intoxicating drugs;
(e) prescribe the size and nature of the establishment necessary for such supervision and the cost of the establishment and other incidental charges in connection with such supervision to be realised from the licensees; and
(f) prescribe the allowance for wastage of alcohol that may occur in-
(i) the process of manufacture of alcohol;
(ii) the process of manufacture of any preparation containing alcohol; and
(iii) the storage, transport and use of non-duty paid alcohol].
Table Showing Rules Regarding Supervision
| | | |
| --- | --- | --- |
|
No
|
Subject
|
Rules
|
|
1
|
Size of Supervisory establishment in a
Distillery
|
Rule 13 of D&W.Rules 1968.
|
|
2
|
Payment of Cost of Establishment to Supervisory
Staff in a distillery
|
Rule 14(1) of D&W.Rules 1968
|
|
3
|
Size of Establishment in the warehouse in a
Distillery
|
Rule 21 of D&W.Rules 1968
|
|
4
|
Supervision in the Warehouse in a distillery
|
Rule 18 of D&W.Rules 1968
|
|
5
|
Posting of supervisory officers in the
distillery and Warehouses
|
Rule 24 of D&W.Rules 1968
|
|
6
|
Supervisory control in Distilleries and
Warehouses.
|
Rule 29 of Part-I and rule 2 of Part-II of
D&W.Rules 1968
|
|
7
|
Claim of Overtime Fees by Supervisory officers
in a distillery.
|
Rule 128 of Part-II of D&W.Rules 1968
|
|
8
|
Supervisory control in Breweries.
|
Rule 4 of main rules and rule 1 of additional
rules to Brewery rules 1967
|
|
9
|
Payment of Cost of Establishment to Supervisory
Staff in a Brewery.
|
Rule 21 a of brewery rules 1967.
|
|
10
|
Claim of Overtime fees by Supervisory officers
in a Brewery.
|
Rule 31 A of Additional Rules to Brewery Rules.
|
|
11
|
Posting of Supervisory officers and payment of
their Cost of Establishment in FL-9 shops.
|
Rule 13(9a) of Foreign Liquor Rules 1953.
|
|
12
|
Supervision and Payment of Cost of Establishment
of supervisory staff in a FL (C,B7B) Unit.
|
Rule 6 of foreign Liquor (Compounding, Blending
& Bottling) Rules 1975.
|
|
13
|
Entitlement for Overtime fees by supervisory
staff in FL(C,B7B) Unit.
|
Rule 6 A of foreign Liquor (Compounding,
Blending & Bottling) Rules 1975
|
|
14
|
Posting of supervisory officers, and payment of
their Cost of Establishment, in respect of Foreign Liquor Bonded
Warehouses and KSBC Head Office.
|
Rule 9 of foreign Liquor (Storage in Bond) rules
1961.
|
|
15
|
Supervision and Payment of Cost of Establishment
and Overtime fees of supervisory staff in a Bonded Spirit Store.
|
Rule 16 of Rectified Spirit Rules 1972.
|
|
16
|
Supervision and control in a Winery.
|
Rule 17 of Winery rules 1970.
|
|
17
|
Payment of cost of Establishment to supervisory
staff in a Winery.-
|
Rule 38 of Winery rules 1970.
|
### 15. Sale of liquor or intoxicating drug without licence prohibited, Power to exempt toddy.
- No liquor or intoxicating drug shall be sold without a licence from the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
, provided that a person having the right to the toddy drawn from any tree may sell the same without a licence to person licensed to manufacture or sell toddy under this Act [ x x x x ]
[Omitted by Section 4 of Act XIX of 1111.]
.
[ x x x x ]
[First proviso omitted by Section 8(2) of Act V of 1091.]
Provided [also]
[Substituted for 'further' by Section 8(3) of Act V of 1091.]
that the Government may [by notification]
[Substituted for 'in like manner' by section 8(3) of Act V of 1091.]
declare that any or all of the provisions of this Act, shall not apply in any local area to trees tapped, or to toddy drawn [under such conditions as the Government may prescribe.]
[Substituted for 'in pots or other receptacles freshly coated internally with time, for the purpose of manufacture of Jaggery' by section 6(1) of Act L of 1112.]
[Nothing in this section applies to the sale of any foreign liquor legally procured by any person for his private use and sold by him or by auction on his behalf or on behalf of his representatives in interest upon his quitting a station, or after his decease]
[Added by Section 8(iv) of Act V of 1091.]
[ x x x x ]
[Added by Act L of 1112 and omitted by Section 5 of Act 4 of 1196.]
### 15A. [ Consumption or use of liquor by persons under the age of [23 years]
[Inserted by Section 17 of Act 10 of 1967.]
prohibited.
- No person under the age of [23 years]
[Substituted '21' by Act No. 25 of 2018, dated 6.7.2018.]
shall consume or use any liquor.]
### 15B. [ Sale of liquor to person under [23 years]
[Inserted by Section 17 of Act 10 of 1967.]
of age prohibited.
- No person licensed to sell liquor and no person in the employee of such licensed person or acting with the express or implied permission of such licensed person on his behalf shall sell or deliver any liquor to any person under the age of [twenty three years]
[Substituted 'twenty one' by Act No. 25 of 2018, dated 6.7.2018.]
]
### 15C. [ Consumption of liquor in public places.
[Inserted by Section 17 of Act 10 of 1967.]
- No person shall consume liquor in any public place unless consumption of liquor in any such place is permitted under a licence granted by the Commissioner.
Explanation 1. - For the purpose of this section, "public place" means any street, Court, Police Station [or other public office or any club] or any place of public amusement or resort or on board any passenger boat or vessel or any [public passenger or goods vehicle]
[Substituted 'public passenger vehicle' by Act No. 3 of 2010, dated 5.10.2010.]
, or a dining or refreshment room in a restaurant, hotel, rest-house, travellers' bungalow or tourists' bungalow where different individuals or groups of persons consume food, but shall not include any private residential room.]
[Explanation II.
[Substituted by Act No. 3 of 2010, dated 5.10.2010.]
- For the purpose of Explanation 7, "public passenger or goods vehicle" means a vehicle used for carrying passengers or goods for hue or reward', with or without a contract, express or implied, for the use of the vehicle as a whole at or for a fixed or agreed rate or sum and includes a private vehicle in any public place.]
### 16. [
[Omitted by Section 3 of Presidents Act 1 of 1964.]
x x x x ]
| |
| --- |
|
16. 'Exclusive privileges of manufacture, etc, may be granted.- It shall be lawful for the Diwan to grant to any person or persons on such conditions and for such period as may seem fit, the exclusive or other privileges -
(i) of manufacturing or supplying by wholesale; or
(ii) of selling by retail;
(iii) of manufacturing or supplying by wholesale and selling by retail; any country liquor or intoxicating drugs within any local area.
No grantee of any privilege under this Section shall exercise the same until be has received a licence in that behalf from the Commissioner.
In such cases, if the Diwan shall by notification so direct, the provisions by Section 12 relating to toddy and toddy producing trees shall not apply.
|
[V. - Duties, Taxes and Rentals]
[Substituted for the heading 'V. DUTIES' by Section 4 of Act 1 of 1964.]
### 17. [ Duty on liquor or intoxicating drugs.
[Substituted by Finance Act 2003 (Act 12 of 2003) (w.e.f.1-4-2003).]
- A duty of excise or countervailing duty and/ or luxury tax shall be levied, in such manner as may be prescribed, on liquors or intoxicating drugs,-
(a) permitted to be imported under section 6, or
(b) manufactured under any licence granted under section 12; or
(c) manufactured at any distillery, brewery, winery or other manufactury established under section 14.
Provided that no duty or gallonage fee or vend fee or other taxes shall be levied under this Act on rectified spirit including absolute alcohol, which is not intended to be used for the manufacture of potable liquor meant for human consumption.
Explanation. - No liquor or intoxicating drug shall be permitted to be exported unless the duties, taxes, fees and such other sums as are due to the Government under this Act in respect of such liquor or intoxicating drug have been paid or a bond for such payment on its exportation or re-exportation has been executed.]
### 18. [How duty or countervailing duty may be imposed.]
[Substituted for the marginal heading 'How duty may be Imposed' by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-1984.]
- [(1) ]
[Renumbered by section 6 of Presidents Act 1 of 1964.]
[Such duty of excise or countervailing duty may be levied and collected:]
[Substituted for the words 'Such duty of excise may be levied' by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-1984. Earlier it is substituted by Section 6(1) (i) of Presidents Act, 1 of 1964.]
(a) [ in the case of spirit or beer, either on the quantity produced in or passed out of a distillery, brewery, winery or other manufactury licensed or established under section 12 or section 14, as the case may be or in accordance with such scale of equivalents, calculated on the quantity of materials used or by the degree of attenuation of the wash or wort on the value of liquor, as the case may be, as the Government may prescribe;]
[Substituted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-1984.]
(b) [ in the case of intoxicating drugs, on the quantity produced or manufactured under a licence granted under section 12 or issued from a warehouse licensed or established under section 12 or section 14;]
[Substituted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-1984.]
(c) [ x x x x ]
[Omitted by Section 6(1) (iv) of Presidents Act 1 of 1964.]
(d) [ x x x x ]
[Omitted by Section 6(1) (iv) of Presidents Act 1 of 1964.]
(e) in the case of toddy, or spirits manufactured from toddy, [in the form of a tax on each tree from which toddy is drawn]
[Substituted for the words 'by a tax on each tree from which toddy is drawn' by Section6(1) (v) of Presidents Act 1 of 1964.]
, to be paid in such instalments and for such period as the Government may direct; or
(f) [ in the case of import of spirits, beer or intoxicating drugs, in such manner as may be prescribed;]
[Clause (f) substituted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-1984.]
[\*\*\*]
[omitted by Section 6(1) (vi) of Presidents Act 1 of 1964.]
(2) [ The duty of excise or countervailing duty under sub-section (1) shall be levied and collected at such rates as may be fixed by the Government, from time to time, by notification in the Gazette, not exceeding the rates specified below:-
| | | | |
| --- | --- | --- | --- |
|
|
Duty of excise
|
|
Maximum Rates
|
|
(i) |
[Duty of excise on liquors (Indian made)]
[As per the New Abkari Policy 2008-09 order issued under G.O.(MS) No. 38/08/TD. dated TVM, dated 29-02-2008.]
|
|
Rs. 200 per proof litre or an amount equal to
200 per cent of the value of the liquor whichever is higher
|
|
(ia) [
[Inserted by Act No. 5 of 2018, dated 31.3.2018.]
|
Duty of excise when levied in the form of special fees on Foreign Made Foreign Liquor.
|
|
Rs.100 per proof litre]
|
|
(ii) |
Duty of excise on intoxicating drugs
|
|
Rs.1.50 per gram
|
|
(iii) |
Duty of excise in form of tax on trees tapped
for toddy
|
|
Rs. 50 per tree per half-year or part thereof.
|
Provided that the excise duty or countervailing duty shall be payable by manufacturer or importer of the liquor or intoxicating drugs as the case may be;
Provided further that such duty or countervailing duty may be paid by any subsequent dealer on behalf of the manufacturer or importer, as the case may be.
Explanation. - where any liquor is chargeable with duty of excise countervailing duty at a rate depending on the value of the liquor, such value shall be the value at which the Kerala State Beverages (Manufacturing and
Marketing) Corporation Limited purchases such liquor from the supplier and in case any such liquor is not purchased by the Kerala State Beverages
(Manufacturing and Marketing) Corporation Limited such value shall be the value fixed by the Commissioner.
(3) The luxury tax on liquor or intoxicating drugs shall be levied and collected,-
(i) in the cases of any liquor in the form of a fee for licence for the sale of the liquor and in the form of a gallonage fee or vending fee or in any one of such forms and.
(ii) in the case of an intoxicating drug, in the form of a fee for licence for the sale of the intoxicating drug.]
(4) The luxury tax under sub-section (3) shall be levied at such rates as may be fixed by the Government, from time to time, by notification in the gazette, not exceeding the rates specified below:-
Luxury tax
| | | | |
| --- | --- | --- | --- |
|
(a) |
when levied in the form of fee for licence for
sale of[Indian Made Foreign Liquor]
[Substituted 'foreign liquor (Indian made)' by Act No. 5 of 2018, dated 31.3.2018.]
|
|
|
|
|
(i) for licence for sale of foreign liquor in
wholesale
|
|
Rs.15,000 (Rupees fifteen thousand) for a year
or part thereof
|
|
|
(ii) for licence for sale of foreign liquor in
hotels or restaurants
|
|
Rs.12,000 (Rupees twelve thousand) for a year or
part thereof
|
|
|
(iii) for licence for sale of medicated wines
|
|
Rs. 1,000 (Rupees one thousand) for a year or
part thereof.
|
|
|
(iv) for licence for sale of foreign liquor in
non-proprietory club to members
|
|
Rs.1,500 (Rupees one thousand and five hundred)
for a year or part thereof.
|
|
(b) [
[Substituted by Act No. 7 of 2014, dated 13.2.2014.]
|
when levied in the form of gallonage fee for
foreign liquor (Indian made)
|
|
Rs. 30 (Rupees thirty) per bulk litre]
|
|
(c) |
When levied in the form of a fee for licence for
the sale of[Foreign Made Foreign Liquor]
[Substituted 'foreign liquor (foreign made)' by Act No. 5 of 2018, dated 31.3.2018.]
|
|
|
|
|
(i) in wholesale
|
|
Rs. 25,00,000 (Rupees twenty five lakhs) for a
year or part thereof
|
|
|
(ii) in retail
|
|
Rs. 10,00.000 (Rupees Ten lakhs) for a year or
part thereof.
|
|
|
(iii) in hotels or restaurants
|
|
Rs. 25,00,000 (Rupees Twenty five Lakhs) for a
year or part thereof.
|
|
|
(iv) in non-proprietary clubs to its members a
year or part thereof.
|
|
Rs.10,00,000 (Rupees Ten lakhs) for
|
|
|
(v) in Seamen's and Marine Officer's club to its
members
|
|
Rs.10.00,000 (Rupees Ten lakhs) for a year or
part thereof
|
|
(d) |
When levied in the form of gallonage fee
|
|
|
|
|
(i) [Foreign Made Foreign Liquor]
[Substituted 'foreign liquor (foreign made)' by Act No. 5 of 2018, dated 31.3.2018.]
other
|
|
Rs. 200 (Rupees two hundred) per than beer and
wine bulk litre
|
|
|
(ii) for foreign made beer and wine
|
|
Rs. 25 (Rupees Twenty five) per bulk litre
|
Provided that where there is a difference of duty of excise, countervailing duty or luxury tax as between two licence periods such difference may be collected in respect of all stocks of foreign liquor or intoxicating drugs held by licencees at the close of the former period.
[Provided further that the Government may, permit, the licensees who sell or serve Indian Made Foreign Liquor, to sell or serve Foreign Made Foreign Liquor also, without levying the fees specified in clause (c) above in such manner as may be prescribed.]
[Inserted by Act No. 5 of 2018, dated 31.3.2018.]
[Explanation.
[Omitted by Act No. 5 of 2018, dated 31.3.2018.]
- \*\*\*]
[Substituted by Finance Act 2003 (Act 12 of 2003) with effect from 1-4-1984.]
### 18A. [ Grant of exclusive or other privilege of manufacture, etc., on payment of rentals.
[Inserted by Section 7 of President's Act 1 of 1964.]
(1) It shall be lawful for the Government to grant to any person or persons, on such conditions and for such period as they may deem fit, the exclusive or other privilege-
(i) of manufacturing or supplying by wholesale; or
(ii) of selling by retail; or
(iii) of manufacturing or supplying by wholesale and selling by retail,any liquor or intoxicating drugs within any local area on his or their payment to the Government of an amount as rental in consideration of the grant of such privilege. The amount of rental may be settled by auction, negotiation or by any other method as may be determined by the government, from time to time, and may be collected to the exclusion of, or in addition to the duty or tax leviable under Sections 17 and 18.
(2) No grantee of any privilege under sub-section (1) shall exercise the same until he has received a licence in that behalf from the Commissioner.
(3) in such cases, if the Government shall by notification so direct, the provisions of Section 12 relating to toddy and toddy producing trees shall not apply].
### 19. Tax for tapping unlicensed trees from whom leviable.
- [When duty of excise is levied]
[Substituted for the words 'when duty is levied' by Section 8 of President's Act 1 of 1964.]
by way of tax on toddy trees under section 18, the Government may, by notification, direct that the licence required under Section 12 shall be granted only on the production by the person applying for it of the written consent of the owner, or person in possession, of such trees to the licence being granted to such person so applying for it; and when such notification has been issued, such tax shall, in default of payment by the licensee, be recoverable from the owner or other person in possession who has so consented.
When, in like case, trees are tapped without license, the tax due shall be recoverable primarily from the tapper or in default by him from the occupier, if any of the land, or if the trees do not belong to the occupier, of the land, or if the land is not occupied, from the person, if any, who owns or is in possession of the trees unless he proves that the trees were tapped without his consent.
### 20. Duties may be farmed.
- [All or any of the duties, tax and rentals]
[Substituted for the words 'all or any of the duties' by section 9(i) of Presidents Act 1 of 1964.]
leviable under this Act in any Taluk or other local area may,with the sanction of the Government, be farmed,subject to such payment and on such other conditions as the Government shall prescribe, [Such farmers]
[Substituted for the words 'farmers of duties under this Section' by Section 9(ii) of Presidents Act 1 of 1964.]
shall take out licenses as such from the [Commissioner]
[Substituted for 'Superintendent' by Section 2 off Act III of 1106.]
.
### 21. Toddy farmer may grant license.
- When the exclusive privilege of manufacturing toddy has been granted under [Section 18A]
[Substituted for the words and figures 'Section 16' by Section 10 of President's Act 1 of 1964.]
the Government may declare that the written permission of the grantee to draw toddy shall have, within the area to which the privilege extends, the same force and effect as a licence from the 159[Commissioner] for that purpose under Section 12.
### 22. Farmer may let or assign.
- In the absence of any contract or condition to the contrary any grantee of any exclusive or other privilege, may let or assign the whole or any portion of his privilege or farm. But no such lessee or assignee shall excise any rights as such unless and until the grantee or farmer,as the case may be shall have applied to the 159[Commissioner] for a licence to be given to such lessee or assignee, and such lessee or assignee shall have received the same.
### 23. Recovery by farmer of rents due to him.
- When any amount is due to a grantee, farmer, lessee or assignee of an exclusive privilege, under this Act,such grantee, farmer, lessee or assignee may make an application to the [Collector]
[Substituted for the word 'peishkar' by Section 19 of Act 10 of 1967.]
for recovery of such amount on his behalf and on receiving such application, the [Collector]
[Substituted for the word 'peishkar' by Section 19 of Act 10 of 1967.]
may, at his discretion, recover such amount as if it were an arrear of Land Revenue, and shall pay any amount so recovered to the applicant:
Provided that execution of any process issued by the [Collector]
[Substituted for the word 'peishkar' by Section 19 of Act 10 of 1967.]
for the recovery of such amount shall be stayed if the person against whom the process is issued institute a suit in the Civil Court to contest the demand of such grantee, farmer, lessee or assignee and furnishes security to the satisfaction of the [Collector]
[Substituted for the word 'peishkar' by Section 19 of Act 10 of 1967.]
for the payment of the amount which such court may adjust to be due from him;
Provided also that nothing contained in this section or done thereunder shall affect the right of any grantee, farmer, lessee or assignee to recover by suit in the Civil Court or otherwise any amount due to him from such person.
VI. - Licenses, Etc.
### 24. Forms and conditions of licenses, etc.
- Every license or permit granted under this Act shall be granted-
(a) on payment of such fees, if any;
(b) for such period;
(c) subject to such restrictions and on such conditions; and
(d) shall be in such form and contain particulars - as the Government may direct either generally, or in any particular instance in this behalf.
### 25. Counterpart agreement to be executed by licensee.
- Every person taking out a license under this Act may be required to execute a counterpart agreement in conformity with the tenor of his license, and to give such security for the performance of his agreement as the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
may require.
### 26. Power to recall licenses, etc.
- The [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
may cancel or suspend any license or permit granted under this Act:-
(a) if [any fee, duty, tax or rental]
[Substituted for the words 'any fee or duty' by Section 11(i) of Presidents Act 1 of 1964.]
payable by the holder thereof be not duly paid; or
(b) in the event of any breach by the holder of such license or permit or by his servant, or by any one acting with his express or implied permission on his behalf, of any of the terms and conditions of such license or permit; or
(bb) [ if the holder thereof or his servant, or any one acting with his express or implied permission on his behalf, sells or stores for sale liquor in any place other than the licensed premises; or,]
[Inserted by section 2 of Act 12 of 1995.]
(c) [ if the holder thereof is convicted of any offence against this Act or of any cognizable and non-bailable offence or of any offence under the Dangerous Drugs Act, 1930, or under the Trade and Merchandise Marks Act, 1958, or under Sections 478 to 489 of the Indian Penal Code; or]
[Substituted by Act No. 10 of 1967.]
(d) where a license or permit has been granted on the application of the holder of an exclusive or other privilege or of a [farmer under Section 20]
[Substituted for the words 'farmer of duties under this Act' by Section 11(ii) of President's Act 1 of 1964.]
on the requisition in writing of such person; or
(e) if the conditions of the license or permit provide for such cancelment or suspension at will.
VII. - General Provisions
### 27. [ Certain licensees required to keep instruments for testing, etc.
[Substituted by Section 9 of Act L of 1112.]
- Every person who manufactures or sells any liquor or intoxiating drugs under a license granted under this Act shall be bound:-
(a) to supply himself with such measures, weights and instruments as the [Government] may prescribe and to keep the same in good condition; and
(b) on the requisition of any Abkari officer duly empowered in that behalf, at any time to measure or weigh any liquor or intoxicating drug or to test any liquor in his possession in such manner as the said Abkari Officer may require.]
### 28. Recovery of duties.
- All duties, taxes, fines and fees payable to the [Government]
[Substituted for the word 'Sirkar' by Act 10 of 1967.]
direct under any of the foregoing provisions of this Act or of any license or permit issued under it, and all amounts due to the [Government]
[Substituted for the word 'Sirkar' by Act 10 of 1967.]
by any grantee of a privilege or by any farmer under this Act or by any person on account of any contract relating to the Abkari Revenue may be recovered from the person primarily liable to pay the same or from his surety (if any) as if they were arrears of Land Revenue, and, in case of default made by a grantee of a privilege or by a farmer, the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
may take grant or farm under management at the risk of the defaulter or may declare the grant or farm forfeited, and re sell it at the risk and loss of the defaulter. When a grant or farm is under management under the section, the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
may recover any moneys due to the defaulter by any lessee or assignee as if they were arrears of Land Revenue.
[[29. Power to make rules.
[Substituted by Section 11 of Act V of 1091.]
(1) The Government may, by notification in the Gazette either prospectively or retrospectively, make rules for the purposes of this Act].
(2) In particular and without prejudice to the generality of the foregoing provision, the Government may make rules:-
(a) regulating the mode in which toddy may be supplied to licensed vendors of the same, or to persons who distinct spirits from it or who use it in the manufacture of bread;
(b) for determining the number of licenses of each description to be granted in any local area;
(c) for regulating the number, size and description of stills, utensils, implements and apparatus to be used in any [distillery, brewery, winery or other manufactory in which liquor is manufactured]
[Substituted for the words 'distillery' by Section 22(a) of Act 10 of 1967.]
;
(d) prescribing the instruments to be used in the testing of liquor and the tables of corrections according to temperature to be used therewith;
(e) prescribing the weights to be used for the sale of intoxicating drugs and measures to be used for the sale of liquor;
(f) fixing for any local area the maximum and minimum prices above and below which any liquor or intoxicating drug shall not be sold;
(g) for the warehousing of liquor and intoxicating drugs and for the removal of the same from any warehouse in which they are deposited for deposit in any other warehouse or for local consumption or for export;
(h) for the inspection and supervision of stills, distilleries, [breweries, wineries, or other manufactories in which liquor is manufactured and warehouses]
[Substituted for the words 'private warehouses and breweries' by Section 22(b) of Act 10 of 1967.]
; (i) for the management of any public [distillery, brewery or winery]
[Substituted for the word 'distillery' by Section 22(c) of Act 10 of 1967.]
or public warehouse established under Section 14;
(j) for placing the storage, import, export, [possession, transit or transport]
[Substituted by Act 10 of 1975.]
of liquor or intoxicating drugs under such supervision; and control as may be deemed necessary for the purposes of this Act;
(k) prohibiting the use of any article which the Government shall deem to be noxious or otherwise objectionable in the manufacture of liquor or of any intoxicating drug;
(l) (1) declaring the process by which spirit manufactured in or imported into [the State]
[Substituted for the words 'Cochin State' by Section 22(d) of Act 10 of 1967.]
shall be denatured;
(2) for causing such spirit to be denatured through the agency or under the supervision of Excise Officers;
(3) for ascertaining whether such spirit has been denatured;
(m) regulating the bottling of liquor for purposes of sale;
(n) declaring in what cases or classes of cases and to what authorities appeals shall lie from orders, whether original or appellate, passed under this Act or under any rule made thereunder, or by what authorities such orders may be revised and prescribing the time and manner of presenting appeals and the procedure for dealing therewith;
[\*\*\*]
[Omitted '(o) for the grant of batta to witnesses and of compensation for loss of time to persons released by any Abkari Officer under Section 40(3) of this Act on the ground that they have been improperly arrested,and to persons charged before a Magistrate with offences under this Act and acquitted'; by Act 16 of 1997 with effect from 3-6-1997.]
(p) regulating the power of Abkari Officers to summon witnesses from a distance under Section 44;
(q) for the disposal of articles confiscated and of the proceeds thereof.]
(r) [ for the forfeiture notwithstanding provisions to the contrary contained in the [Indian Contract Act,1872]
[Inserted by Act XIII of 1119.]
or in any other law, of the whole or any portion of the kists deposited by persons who purchase the right to sell toddy, arrack, foreign liquors or ganja, in addition to damages recoverable by Government on account of the breach of conditions of sale laid down by the Government from time to time]
VIII. - Powers and Duties of Officers, Etc.
### 30. Magistrate may issue a search warrant on application.
- If [the Commissioner of Excise or]
[Inserted by Section 10(1) of Act L of 1112.]
any Magistrate, upon information [obtained]
[Substituted for the words 'given by an Abkari or Police Officer or any other person' by Section 12 of Act V of 1091.]
and after such enquiry as he thinks necessary, has reason to believe that an offence under [\*\*\*]
[The words and figures 'Section 55 or Section 57 or Section 58 of' omitted by Act 16 of 1997, w.e.f. 3-6-97.]
this Act has been committed, he may issue a warrant for the search for any liquor, intoxicating drug, materials, stills, utensil, implement or apparatus in respect of which the alleged offence has been committed.
Before issuing such warrant, the [Commissioner of Excise, or]
[Inserted by Section 10(2) of Act L of 1112.]
Magistrate shall examine the informant on oath or affirmation, and the examination shall be reduced into writing in a summary manner and be signed by the informant and also by [the Commissioner of Excise or]
[Inserted by Section 10(2) of Act L of 1112.]
Magistrate.
### 30A. [ Abkari officers to have similai powers of police officers for the purpose of investigation of offences.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- For the purpose of investigation of offences under this Act, the abkari officers shall have the same powers of investigation which the police officers have under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).]
### 31. Power to certain Abkari and Police Officers to search houses, etc., without warrant.
- Whenever the [Commissioner of Excise]
[Inserted by Section 10(2) of Act L of 1112.]
or any [Abkari Officer not below such rank as may be specified by the Government in this behalf or any Police Officer]
[Substituted for the words 'Abkari or Police officer' by Section 23(a) of Act 10 of 1967.]
not below the rank of [Sub Inspector]
[Substituted for 'Inspector' by Section 3 of Act III of 1106.]
or a Police Station Officer, has reason to believe that an offence under [\*\*\*]
[The words and figures 'Section 8 or Section 15C or Section 55 or Section 55B or Section 56A or Section 57 or Section 58 or Section 58A or Section 58B of' Omitted by Act 16 of 1997 with effect from 3-6-1997.]
this Act has been committed and that the delay occasioned by obtaining a search warrant under the preceding section will prevent the execution thereof, he may, after recording his reasons and the grounds of his belief at any time by day or night, enter and search any place and may seize anything found therein which he has reason to believe to be liable to confiscation under this Act, and may detain and search and, if he thinks proper, arrest any person found in such place whom he has reason to believe to be guilty of any offence under this Act:
[\*\*\*]
[The proviso 'Provided that every person arrested under this section shall be admitted to bail by such Officer as aforesaid if sufficient bail be tendered for his appearance either before a Magistrate or before on Abkari Inspector as the case may be' Omitted by Act 16 of 1997 with effect from 3-6-1997.]
### 32. Power to enter and Inspect place of manufacture and sale.
- The [Commissioner of Excise]
[Substituted for 'Superintendent of Abkari Revenue' by Section 2 of Act III of 1106.]
or any Abkari Officer not below the rank of [Preventive officer]
[Substituted for the word '(a) Sub-Inspector' by Act 10 of 1967.]
or any Police Officer duly empowered in that behalf,may enter and inspect, at any time by day or by night, any place in which any licensed manufacturer carries on the manufacture of any liquor or intoxicating drug, or draws toddy, or stores any liquor or intoxicating drug or toddy, and may enter and inspect, at any time during which the same may be open, and place in which any liquor or intoxicating drug is kept for sale by any licensed person; and may examine, test, measure or weigh any materials, stills, utensils, implements, apparatus, liquor or intoxicating drugs found in such place.
### 33. In case of resistence entry may be made by force, etc.
- 211[(1) ] If any officer empowered to make an entry under the provisions of the last two preceding sections, cannot otherwise make such entry, it shall be lawful for him to break open any outer or inner door, window and to remove any other obstacle to his entry into any such place.
(2) [ An Abkari Officer may without an order or without a warrant from a Magistrate, arrest and detain any person who obstructs him while in the execution or discharge of his duty or who has escaped from his lawful custody:
Provided that every person who is arrested and detained in custody shall be produced before the Magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate:]
[By Act 4 of 1996 Section 33 of the Act remembered as sub-section (1) of that section and sub Section (2) along with proviso inserted.]
### 34. [ Offenders may be arrested and contraband liquor, vehicles, etc. seized without warrant.
[Substituted by Section 2 of Act 24 of 1975.]
(1) Any [Abkari Officer] Department may arrest without warrant in any public thorough fare or open place other than a dwelling house, any person found committing an offence punishable under [this Act]
[Substituted for the words and figures 'section 8 or section 15C or Section 55 or Section 55B or Section 56A or Section 57 or Section 58 or Section 58A or Section 58B' by Act 16 of 1997 with effect from 3-6-97.]
, and in any such thorough fare or public place may-
(a) Seize and detain-
(i) any liquor or intoxicating drug;
(ii) any materials, still, utensil, implement or apparatus;
(iii) any receptacle or package or covering; and
(iv) any animal, cart, vessel or other conveyance, which he has reason to believe to be liable to confiscation under this Act;
(b) search any person, animal, cart, vessel or other conveyance, package, receptacle or covering upon whom or in or upon which he may have reasonable cause to suspect any such liquor or intoxicating drug to be, or to be concealed.]
(2) [ The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall apply in so far as they are not inconsistent with the provisions of this Act, to all arrests searches and seizures made under this Act.]
[Substituted for Sub-Sections 2 and 3 by Act 16 of 1997 with effect from 3-6-1997.]
### 35. Arrest of persons refusing to give name or giving false name.
- Any person who may be accused or reasonably suspected of committing an offence under this Act, and who, on demand of any officer of the Abkari, Salt, Police, Land Revenue or Customs Departments or of any other person duly empowered, refuses to give his name and residence which such officer or person to believe to be false, may be arre-sted by such officer or person in order that his name and residence may be ascertained.
### 36. Searches how to be made.
- All searches under the provisions of this Act shall be made in accordance with the provisions of the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974);]
[Substituted by Act No. 16 of 1997.]
[Provided that the persons called upon to attend and witness such searches shall include at least two persons neither of whom is an Abkari, Police or Village Officer]
[Added by Section 11 of Act L of 1112.]
.
### 37. Officers of certain Departments bound to assist.
- All officers of the Departments of Police, Customs, Salt and Land Revenue shall be legally bound to assist any Abkari Officer in carrying out the provisions of this Act.
### 38. Offences to be reported, etc.
- Every [Officer of Government]
[Substituted for the words 'Sirkar Officer' by Section 27 of Act 10 of 1967.]
other than an Abkari Officer, shall be bound to give immediate information to an Abkari Officer, and every Abkari Officers shall be bound to give immediate information either to his immediate official superior or to an Abkari Inspector, of all breaches of any of the provisions of this Act, which may come to his knowledge; and all such officers shall be bound to take all reasonable measures in their power to prevent the commission of any such breaches which they may know or have reason to believe are about or likely to be committed.
### 39. Land holders and others to give information.
- All jenmies, proprietors, tenants, under tenants and cultivators who own or hold land on which there shall be [any cultivation of the hemp or coca-plant or]
[Inserted by Section 5 of Act XIX of 1111.]
any manufacture on liquor or intoxicating drugs not licensed under this Act shall in the absence of reasonable excuse, be bound to give notice of the same to a Magistrate or to an officer of the Abkari, Salt, Police, Customs or Land Revenue Departments immediately the same shall have come to their knowledge.
### 40. [ Procedure on arrest and seizure.
[Substituted by Act 16 of 1997 with effect from 3-6-1997.]
(1) (a)
Any Officer arresting a person under Section 31, Section 34 or Section 35 shall him of the grounds for such arrest.
(b) Where an Abkari Officer arrests without warrant any person other than a person suspected of, or accused of, any non-bailable offence under this Act, such Officer shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
(2) Every person arrested under Section 30 shall be produced before, and the article seized under that section shall be forwarded to, without unnecessary delay, the Magistrate or the Commissioner, as the case may be, by whom the warrant was issued.
(3) Every person arrested under Section 31 or Section 34 or Section 35 shall be produced before, and article seized under section 34 shall be forwarded to, without unnecessary delay,-
(a) to the Officer in charge of the nearest Police Station; or
(b) to the Officer empowered under section 5A, or to the Abkari Inspector.
(4) The authority or Officer before whom any person is produced under sub section (2) or sub section (3) shall, take expeditious steps as provided is section 41.
(5) The authority of Officer to whom any article is forward under sub-section (2) or sub section (3) shall, with all convenient despatch, take necessary steps in accordance with law for disposal of such article.]
### 41. [ Disposal of persons arrested.
[Substituted by Act 16 of 1997, with effect from 3-6-1997.]
(1) Where any person accused of or suspected of, the commission of an offence punishable with imprisonment which may not extend to three years under this Act is arrested or brought in accordance with the provisions of Section 40, he may be released on bail, if sufficient bail be tendered for his appearance before the concerned Abkari Inspector or the Magistrate, as the case may be.
(2) Where a person accused of, or suspected of the commission of an offence punishable with imprisonment which may extend to three years or more under this Act is arrested or brought in accordance with the provisions of Section 40, he shall without any delay be produced before the Magistrate, who shall take such measures as may be necessary to proceed against such person in accordance with the provisions of the Code of Criminal Procedure, 1973, (Central Act 2 of 1974).]
### 41A. [ Offences to be cognizable and non-bailable.
[Substituted by Act 16 of 1997, with effect from 3-6-1997.]
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for a term of imprisonment of three years or more under this Act shall be released on bail or on his own bond unless-
(i) the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, has been given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (Central Act, 2 of 1994) or any other law for the time being in force on granting of bail]
### 42. Bond of accused and Sureties.
- Before any person is released on bail on bond, in such sufficient but not excessive, sum of money as the officer admitting him to bail things proper, shall be executed by such person and by one or more sureties conditioned that such person shall attend in accordnce with the terms of the bonds and shall continue to attend until otherwise directed by the Abkari Inspector before whom he was bailed to attend or by the Magistrate, as the case may be:
Provided that the officer admitting any such person to bail may at his discretion dispense with the requirement of a surety or sureties to the bond Bail under executed by such person.
The Government shall, from time to time, determine the form of the bond to be used in any Taluk or other local area.
### 43. Procedure in case of default of persons admitted to bail to appear before Abkari Inspector.
- When by reason of default of appearance of a person bailed to appear before an Abkari Inspector such officer is of opinion that proceedings should be had to compel payment of the penalty or penalties mentioned in the bond of the person bailed or of the surety or sureties, he shall forward the bond to the Magistrate having jurisdiction to try the offence of which the person bailed was accused and the Magistrate shall proceed to compel payment of the penalty or penalties in the manner provided by the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]
[Substituted firstly by Act 10 of 1967, again substituted by Act 16 of 1997.]
for the recovery of penalties in the like case of default of appearance by a person bailed to appear before his own Court.
### 44. Abkari Officers may Summon witnesses.
- Any Abkari Officer holding an inquiry [under the Act]
[The words and figures 'in the manner provided in section 40' substituted by Act 16 of 1997 with effect from 3-6-1997.]
may summon any person to appear before himself to give evidence on such enquiry or to produce any document relevant thereto which may be in his possession or under his control;
Provided that no such Abkari Officer shall summon any person to appear at a greater distance from the usual place of residence of such person than the Government may, from time to time, by rule, direct.
### 45. Terms of summons.
- Every summons issued under the last preceding section shall state whether the person summoned is required to give evidence or to produce a document, or both, and shall require him to appear before the said officer at a stated time and place.
### 46. Examination of witnesses by Abkari Inspectors.
- Person so summoned shall attend as required and shall answer all questions relating to such inquiry put to them by such Officer. Such answers shall be reduced into writing and shall be signed by such Officer.
### 47. When attendance of witnesses to be dispensed with, and procedure in such cases.
- It shall be lawful for an Abkari Inspector, instead of summoning to appear before him any person who, from sickness or other infirmity may be unable to do so, or whom by reason of rank or sex it may not be proper to summon, to proceed to the residence of such person and thereto require him to answer such questions as he may consider necessary with respect to such inquiry; and such person shall be bound so to answer accordingly, and the provisions of section 46 shall apply to such answers.
### 48. Abkari Inspector may summon persons suspected of offenses against Abkari laws.
- Any Abkari Inspector may after recording his reasons in writing, summ on any person to appear before him whom he has good reason to suspect of having committed an offence under this Act. On such person appearing before such Officer, the procedure prescribed by sections 40 to 47 inclusive of this Act shall become applicable. [The Officer may also, if he considers it necessary for the investigation of the case, exercise the powers conferred by Sections 44 to 47 before summoning the person suspected]
[Added by Section 16 Act V of 1091.]
.
### 49. Law relating to criminal Courts as to Summoning of witnesses to apply..
- The law for the time being in force as to summonses and compelling the attendance of person summoned In Criminal Courts shall, so far as the same may be applicable apply to any summons issued by an Abkari Inspector and to any person summoned by him to appear under the provisions of this Act.
### 50. [ Report of Abkari Officer gives jurisdiction to a competent Magistrate.
[Substituted by Act 16 of 1997, with effect from 3-6-1997.]
(1) Every investigation into the offence under this Act shall be completed without necessary delay.
(2) As soon as investigation into the offences under this Act is completed, the Abkari Officer shall forward a Magistrate, empowered to take cognizance of the offence on a police report, a report in accordance with sub section (2) of section 173 of Code of Criminal Procedure, 1973 (Central Act 2 of 1974).]
### 50A. [ Procedure to be adopted on receipt of report.
[Substituted by Act 16 of 1997, with effect from 3-6-1997.]
- Upon receipt of a final report from the Abkari Officer; the Magistrate shall inquire into such offence and commit to Court of Session if the offence is exclusively triable by Court of Session or try the person accused thereof in like manner as if a case is instituted upon a police report as provided in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).]
### 51. Powers of Abkari Inspector to cause attendance of witnesses before Magistrate.
- When an Abkari Inspector forwards in custody any person accused of an offence under this Act to the Magistrate having jurisdiction to try the case or admits him to bail to appear before such magistrate, such officer shall exercise all the powers conferred by the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)]
[Substituted for the words 'Code of Criminal Procedure, 1898' by Finance Act, 2002 (Act 7 of 2002) w.e.f. 1-4-2002.]
on an Officer in charge of a police Station in respect to causing the appearance before such Magistrate of such persons acquainted with the facts and circumstances of the case as he considers it necessary that such Magistrate shall examine as witnesses for the prosecution of such case.
### 52. Accused not to be detained in custody for a longer period than twenty four hours without special authority.
- No person accused or suspected of having committed an offence under this Act shall be detained for a longer period than under all the circumstances of the case is reasonable; and such period shall not, in the absence of a special order of a Magistrate, whether having jurisdiction to try the case or not exceed twenty-four hours, exclusive of the time necessary for the journey of such person to the place where an Abkari Inspector may be and from thence to the court having jurisdiction to try the case.
### 53. Police to take charge of articles seized.
- All Officers in charge of Police Stations shall take charge of and keep in safe custody pending the orders of a Magistrate or an Abkari Inspector, all articles seized under this Act which may be deli-vered to them and shall allow any Abkari Officer who may accompany such articles to the Police Station, or who may be deputed for the purpose by his superior officer, to affix his seal to such articles and to take samples of and from them. All samples so taken shall also be sealed with the seal of the officer in charge of the Police Station.
### 53A. [ Disposal of seized liquor, intoxicating drugs or articles.
[Inserted by Act 1 of 2003, with effect from 3-9-2002.]
(1) Notwithstanding anything contained in this Act, the State Government may having regard to the nature of the liquor, intoxicating drug, or article, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant consideration, by notification in the official Gazette, specify such liquor, intoxicating drug or article which shall, as soon as may be after their seizure, be disposed of by the authorised officer referred to in section 67B, in such manner as the Government may, from time to time determine after following the procedure hereinafter specified.
(2) Where any such notified liquor, intoxicating drug or, article has been seized under this Act, the authorised officer shall prepare an inventory of such liquor, intoxicating drug or article containing such details relating to their description, quality, quantity, mode of packing, marks, numbers of such other identifying particulars of the liquor, intoxicating drug or article or the packing containers in which they are kept, place of origin and other particulars, as the authorised officer may consider relevant to identify the liquor, intoxicating drug or article in any proceedings under this Act and make an application to any Magistrate for the purpose of,-
(a) certifying the correctness of the inventory so prepared; or
(b) taking, in the presence of such Magistrate photographs of such liquor, intoxicating drug or article and certifying such photographs as true; or
(c) Allowing to draw representative samples of such liquor, intoxicating drug or article in the presence of such Magistrate and certifying the correctness of any list of samples so drawn
(3) Where an application is made under sub-section (2) the Magistrate shall, as soon as may be, allow the application.
(4) Where any liquor or intoxicating drug or article under this Act has been kept under the custody of any court in connection with any offence committed under this Act, before the commencement of the Abkari (Amendment) Ordinance, 2002 or has been brought before a Magistrate without complying the procedure laid down in sub-section (2), the authorised officer shall obtain prior permission of the court or Magistrate before initiating proceedings under sub-section (2).
(5) Notwithstanding anything contained in the Indian Evidence Act 1872 (Central Act 1 of 1872) or the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) any Court trying an offence under this Act, shall treat the inventory, the photographs of liquor, intoxicating drug or article and any list of samples drawn under sub sections (2) and (4) and certified by the Magistrate, as primary evidence in respect of such offence.
Explanation. - 'Article' for the purpose of this section includes jaggery and other like substances, the value of which depreciates in passage of time.]
### 53B. [ Jurisdiction of courts on cuticles seized.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- Whenever any vehicle or other conveyance used for committing any offence is seized or detained under this Act, and if any court finds that it shall be released temporarily, it shall do so with direction to execute sufficient bond by way of cash security equivalent to the market value of such vehicle or conveyance, to be fixed by the Mechanical Engineer of the Excise Department or any Mechanical Engineer of or above- the rank of an Assistant Executivc Engineer of the State Public Works Department, for production of such vehicle or conveyance on demand before the court or the authorised officer and such order shall not prevent the authorised officer from taking or continuing action under section 67B of this Act.]
### 54. Closing of shop for the sake of public peace.
- It shall be lawful for the [District Magistrate]
[Substituted for 'Magistrate of the District' by Section 4 of Act III of 1106.]
by notice in writing to the licensee, to require that any shop in which liquor or any intoxicating drug is closed at such times or for such period as he may think necessary for the preservation of the public peace.
If a riot or unlawful assembly is apprehended or occurs in the vicinity of any such shop, it shall be lawful for any Magistrate, or for any Police Officer who is present, to require such shop to be kept closed for such period as may be necessary.
### 54A. [ Bar of Certain Proceedings.
[Inserted by Section 12 of Act 4 of 1996.]
(1) No suit, prosecution or other proceeding shall lie against any Abkari Officer or servant of the Government for any Act done or purporting to be done under this Act, without the previous sanction of the Government.
(2) No Officer or servant of the Government shall be liable in respect of any such Act in any civil of criminal proceeding, if the Act was done in good faith in the course of the execution of duties or the discharge of functions imposed by or under this Act.]
IX. - Penalties
### 55. For illegal import, etc.
- Whoever in contravention of this Act or of any rule or order made under this Act [\*\*\*]
[The words 'or of any licence or permit obtained under this Act' Omitted by Act 16 of 1997, with effect from 3-6-1997.]
(a) imports, exports, [transports, transits or possesses]
[Substituted for the words 'transport or possesses' by Section 4 of Act 10 of 1975.]
liquor or any intoxicating drug; or
(b) Manufactures liquor or any intoxicating drug;
(c) [ x x x ]
[Omitted by Section 3 of Act 12 of 1995.]
(d) [taps or causes to be tapped]
[Substituted for the word 'taps' by Section 28(a) of Act 10 of 1967.]
any toddy-producing tree, or
(e) [draws or causes to be drawn]
[Substituted for the word 'draws' by Section 28(b) of Act 10 of 1967.]
toddy from any tree; or
(f) constructs or works any [distillery, brewery, winery or other manufactory in which liquor is manufactured]
[Substituted for the words 'distillery or brewery' by Section 28(c) of Act 10 of 1967.]
; or
(g) uses, keeps, or has in his possession any materials, still, utensil, implement or apparatus whatsoever for the purpose of manufacturing liquor other than toddy or any intoxicating drug; or
(h) [ bottles any liquor for purposes of sale; or]
[Inserted by Section 17 (ii) of Act V of 1091.]
(i) [ [Sells or stores for sales liquor]
[Clause (h) re-lettered as (i) by Act V of 1091.]
or any intoxicating drug;]
[shall be punished.-]
[Substituted for the words 'shall on conviction before a magistrate be punished' by Act 16 of 1997 with effect from 3-6-1997.]
(1) [ for any offence other than an offence falling clause (d) or clause (e), with imprisonment for a term which may extend to [ten years and with fine which shall not be less than rupees one lakh and]
[Substituted by Section 3 of Act 12 of 1995.]
(2) for an offence falling under clause (d) or clause (e), with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.
Explanation. - For the purpose of this section and section 64A, "intoxicating drug" means an intoxicating substance, other than a narcotic drug or psychotropic substance regulated by the Narcotic Drugs and Psychotropic Substance Act, 1985 (Central Act 61 of 1985), which the Government may by notification declare to be an intoxicating drug.]
### 55A. [
[Omitted by Act No. 16 of 1997.]
x x x ]
| |
| --- |
|
55A. Magistrates of second class to have power to impose minimum penalties for certain first offences.- Notwithstanding anything contained in Section 32 of the Code of Criminal Procedure, 1898 (Central Act 5 of 1898), it shall be lawful for a Magistrate of the Second class to pass the minimum sentence mentioned in paragraph (i) of the proviso to clause (1) of Section 55, for a first offence referred to in that paragraph, in excess of his powers under Section 32 of the said Code.
|
### 55B. [ Penalty for rendering or attempting to render denatured Sprit fit for human consumption.
[Inserted by Act V of 1091 as Section 55A and renumbered as 55B by Act 14 of 1973.]
- Whoever, renders or attempts to render fit for human consumption any Spirit, whether manufactured in [the State] or not, which has been denatured, or has in his possession any spirit in respect of which he knows or has reason to believe that any such attempt has been made, shall, [on conviction before a competent court, be liable to imprisonment for term which may extend to five years, and fine which shall not be less than twenty five thousand rupees]
[Substituted for the words 'on conviction before a magistrate be liable to imprisonment for a term which may extend to [six months or with fine which may extended to three thousand rupees] by Act 16 of 1997 with effect from 3-6-1997.]
or with both. For the purpose of this section it shall be presumed, unless and until the contrary is proved, that any sprit which is proved on chemical analysis to contain any quantity of any of the prescribed denaturants is or contains or has been derived from denatured sprit.]
### 55C. [ Penalty for counterfeiting, selling, etc of label or security sticker.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- Whoever contravenes the provisions of section 12C of this Act shall, on conviction before a competent court, be punished with imprisonment for a term which may extend to five years or with a fine which may extend to rupees one lakh or with both.]
### 55D. [ Penalty for criminal conspiracy.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- When two or more persons agree to do or cause to be done an act which is illegal under this Act and does such an illegal act in pursuance of such agreement by any one or more of the parties to that agreement, such an agreement is designated a criminal conspiracy under this Act and each person who is a party to the criminal conspiracy shall, on conviction, be punished with the same punishment provided for the offence committed.]
### 55E. [ Penalty for false mat king of property or use of false property mark.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- Whoever,
(a) marks any case, package or other receptacle or any vehicle or goods or other movable property containing liquor or intoxicating drug or uses such case package, receptacle or vehicle or goods or such other property in a manner calculated to cause it to be reasonably believed that the property or goods so marked belongs to a person to whom they do not belong or marks them in the name of a fictitious person, or
(b) removes or alters or destroys the original or genuine mark of such vehicle or other things described in clause (a) of this section so as not to recognise the real owner of such vehicle or things or to escape from the legal responsibilities and other consequences thereof, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with both.
Explanation. - For the purpose of this section, the engine number and chassis number inscribed on any part of a vehicle shall be deemed to be a property mark.]
### 55F. [ Penalty for possession of things described in section 55E.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- Any person who, knowing that it is unlawful, is in possession and control of such property, goods, vehicle or other article described in section 55E used or intended to be used for traffic in liquor or intoxicating drug, shall, on conviction, be punished with the same punishment as provided for the offence under the said section.]
### 55G. [ Penalty for making or using of false document.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- Whoever dishonestly or fraudulently or without lawful authority makes any document or alters the content of any document causing it to be believed that such document or part of it was made by a lawful authority, intending to manufacture, store, sell or to transport any liquor or intoxicating drug or to do any act which is prohibited under this Act or the Rules made or notification issued thereunder or to do anything contrary to such laws and escape from the legal responsibilities and other consequences or uses such document or part of it made by himself or by any other person for such purposes, knowing that it is a false document or is not genuine, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with both.
Explanation I. - Under this section, until the contrary is proved, it shall be presumed that the person has used such document knowing that it is false or is not genuine.
Explanation II. - In this section, the word document, unless anything contrary is specified in any other section in this Act shall have the same meaning as in section 3 of the Indian Evidence Act, 1 872-(Central Act 1 of 1872).]
### 55H. [ Penalty for unlawful advertisement.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- Whoever prints, publishes or gives any advertisement soliciting use of or offering any liquor or intoxicating drug shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to twenty-five thousand rupees or with both.
Provided that, this section shall not apply to price list for display at the points of sale for consumer information.]
### 55I. [ Penalty for showing scene of liquor or consumption or exhibition of liquor in cinemas exhibited in theatres without warning.
[Inserted by Act No. 7 of 2014, dated 13.2.2014.]
(1) No scene containing use or consumption or exhibition of liquor in cinema shall be picturised and exhibited in theatres without the warning "Consumption of Alcohol is (Sic) in such scene in contrasting colours clearly visible and having a size covering 1/10th of the total size of the scene.
(2) Whoever exhibits or causes to exhibit any cinema having a scene in contravention of the provisions of sub-section (1) in any theatre shall, on conviction, be punished with simple imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or with both.]
### 56. For misconduct by licensee, etc.
- Whoever, being the holder of a licence or permit granted under this Act [or being in the employ of such holder and acting on his behalf-]
[Inserted by Section 19 of Act V of 1091.]
(a) fails to produce such licence or permit on the demand of any Abkari Officer or of any other officer duly empowered to make such demand; or
(b) [Wilfully does or omits to do anything]
[Substituted for the words 'does any Act' by Section 19 of Act V of 1091.]
in breach of any of the conditions of his licence or permit not otherwise provided for in this Act; or
(c) [ x x x ]
[Omitted by Act 16 of 1997 with effect from 3-6-1997.]
(d) permits drunkenness, riot or gaming in any place in which any liquor intoxicating drug is sold or manufactured; or
(e) permits persons of notoriously bad character to meet or remain in any such place; shall, on conviction before a Magistrate, be punished for each such offence, [with imprisonment for a term which may extend to six months, or with fine which may extend to [twenty-five thousand rupees]
[Substituted for the words 'with fine which may extend to two hundred rupees, or with imprisonment which may extend to three months or with both' by Section 30 of Act 10 of 1967.]
, or with both].
### 56A. [ For allowing consumption of certain preparations in business premises, for the manufacture and stocking of such preparations, etc.
[Inserted by Section 31 of Act 10 of 1967.]
(1) Whoever being a chemist, druggist, apothecary or keeper of a dispensary or Vaidyasala-
(a) allows any preparation containing liquor or intoxicating drug to be consumed in his business premises otherwise than for the bona fide treatment, mitigation or prevention of any disease; or
(b) manufactures or stocks or causes to be manufactured or stocked any such preparation, other than a bona fide medicinal preparation, within the premises under his control;
shall, [on conviction before a competent court, be punished with imprisonment for a term which may extend to five years, and with fine which shall not less than fifty thousand rupees.]
(2) Whoever consumes any preparation containing liquor or intoxicating drug, which is not a bona fide medicinal preparation, in any premises referred to in sub-section (1) shall, on conviction before a Magistrate be punished with fine which may extend to [five thousand rupees.]
[Substituted for the words 'five hundred rupees' by Act 16 of 1997 with effect from 3-6-1997.]
Explanation. - For the purposes of this section, "Bona fide medicinal preparation" shall mean any medicinal preparation-
(a) manufactured according to a formula prescribed in a pharmacopoeia approved by the Government of India or the Government of Kerala, or
(b) manufactured according to a formula approved by the Government of Kerala in respect of patent and proprietory medicinal preparations; or
(c) approved as a bona fide medicinal preparation by the Expert Committee appointed under section 68A].
### 57. For adulteration, etc., by licensed vendor or manufacturer.
- Whoever being the holder of a licence for the sale or manufacture of liquor or of any intoxicating drug under this Act,
(a) mixes or permits to be mixed with the liquor or intoxicating drug, sold or manufactured by him, [any drug, other than a noxious drug]
[Substituted by Act 21 of 1984.]
or any [\*\*\*]
[Omitted 'foreign' by Act No. 3 of 2010, dated 5.10.2010.]
[any ingredient other than such]
[Substituted 'any ingredient' by Act No. 25 of 2018, dated 6.7.2018.]
likely to add to its actual or apparent intoxicating quality or strength, or any article prohibited [other than an article which the Government shall deem to be noxious]
[Inserted by Act 21 of 1984.]
by any rule made under section 29, clause (k) , when such admixture shall not amount to the offence of adulteration under [section 272 of the Indian Penal Code]
[Substituted for the words and figures 'Section 248 of the Cochin Penal code' by Section 32(a) of Act 10 of 1967.]
; or
(aa) [ mixes or permits to be mixed with starch in the liquor sold or manufactured by him; or]
[Inserted by Act No. 25 of 2018, dated 6.7.2018.]
(b) sells or Keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be country liquor; or
(c) marks the cork of any bottle, case, package or other receptacle containing country liquor, or uses any bottle, case, package or other receptacle containing country liquor with any mark thereon on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor when such act shall not amount to the offence of [applying a false trade mark under Section 78 of the Trade and Merchandise Marks Act, 1958]
[Substituted for the words and figures 'using a false trade mark with intent to deceive or injure any person under Section 462 of the cochin Penal Code', by Section 32(b) of Act 10 of 1967.]
; or
(d) sells or keeps or exposes for sale any country liquor in a bottle, case, package or other receptacle with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods [to which a false trade mark or false trade description is applied under, Section 79 of the Trade and Merchandise Marks Act, 1958]
[Substituted for the words and figures 'marked with a counterfeit trade mark under Section 466 of the Cochin Penal Code' by Section 32(c) of Act 10 of 1967.]
;
Shall, on conviction before a competent court, be punished,-
[(i) for the offences, other than an offence falling under clause (aa), with imprisonment for a term which may extend to five years or with fine which may extend to fifty thousand rupees or with both;
(ii) for an offence falling under clause (aa), with 'imprisonment for a term which may extend to six months or with fine which shall not be less than twenty five thousand rupees.]
### 57A. [ For adulteration of liquor or intoxicating drug with noxious substances, etc.
[Inserted by Act 21 of 1984.]
(1) Whoever mixes or permits to be mixed any noxious substance or any substance which is likely to endanger human life or to cause grievious hurt to human beings, with any liquor or intoxicating drug shall, on conviction, be punishable-
(i) if, as a result of such act, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(ii) If,as a result of such act, death is caused to any person, with death or imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(iii) in any other case, with imprisonment for a term which shall not be less than one year, but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
Explanation. - For the purposes of this section and section 57B, the expression "grievous hurt" shall have the same meaning as in section 320 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
(2) Whoever omits to take reasonable precautions to prevent the mixing of any noxious substance or any substance which is likely to endanger human life or to cause grievous hurt to human beings, with any liquor or intoxicating drug shall, on conviction, be punishable,-
(i) if as a result of such omission, grievous hurt is caused to any person, with imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(ii) if as a result of such omission, death is caused to any person, with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;
(iii) in any other case,with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twenty-five thousand rupees.
(3) Whoever possesses any liquor of intoxicating drug in which any substance referred to in sub-section (1) is mixed, knowing that such substance is mixed with such liquor or intoxicating drug shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which may extend to ten years, and with fine which may extend to twentyfive thousand rupees.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), no person accused or convicted of an offence under sub-section (1) or sub-section (3) shall, if in custody, be released on bail or on his own bond, unless-
(a) the prosecution has been given an opportunity to oppose the application for such release, and
(b) where the prosecution opposes the application,the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence.
(5) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872),-
(a) where a person is prosecuted for an offence under sub-section (1) or sub-section (2), the burden of proving that he has not mixed or permitted to be mixed or, as the case may be, omitted to take reasonable precautions to prevent the mixing of, any substance referred to in that sub-section with any liquor or intoxicating drug shall be on him;
(b) where a person is prosecuted for an offence under sub-section (3) for being in possession of any liquor or intoxicating drug in which any substance referred to in sub-section (1) is mixed, the burden of proving that he did not know that such substance was mixed with such liquor or intoxicating drug shall be on him.]
### 57B. [ Order to pay compensation.
[Inserted by Act 21 of 1984.]
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the court when passing judgment in a case falling under Section 57A may, if it is satisfied that death or grievous hurt has been caused to any person or persons by consumption of liquor or intoxicating drug sold in any place licenced under this Act, order the licensee of that place, whether or not he is convicted of an offence under the said section, to pay, by way of compensation, such amount as it appears to be just, to the legal representatives of the deceased or to the person or persons to whom grievous hurt has been caused.
(2) Any person aggrieved by an order under sub-section (1) may, within ninety days from the date of the order, prefer an appeal to the High Court;
Provided that no such appeal shall lie unless the amount ordered to be paid under sub-section (1) is deposited in the court which passed such order:
Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time]
[Substituted 'Shall, on conviction before a competent court, be punished for each such offence with imprisonment for a term which may extend to five years, or with fine which may to extend to fifty thousand rupees, or with both.' by Act No. 25 of 2018, dated 6.7.2018.]
.
### 58. For Possession of illicit liquor.
- Whoever, without lawful authority, has in his possession any quantity of liquor or of any intoxicating drug, knowing the same to have been unlawfully imported, transported or manufactured, or knowing [the duty, tax or rental payable under this Act]
[Substituted for the words 'the prescribed duty' by Section 12 of Presidents Act 1 of 1964.]
not to have been paid therefor, [shall be punishable with imprisonment for a term which may extend to ten years and with fine which shall not be less than rupees one lakh.]
[Substituted for the words 'shall on conviction before a magistrate, be punishable [with a fine which shall not be less than Rs. fifteen thousand and with imprisonment for a term which may extend to the year] by Act 16 of 1997 with effect from 3/6/1997.]
### 58A. [ For sale of certain preparations.
[Inserted by Section 34 of Act 10 of 1967.]
- Whoever sells any preparation which he knows or has reason to believe is intended to serve as a substitute for alcohol or intoxicating drug shall, [on conviction before a competent court be punished with imprisonment which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both;]
Provided that nothing contained in this section shall apply to the sale of any medicinal preparation for bona fide treatment, mitigation or prevention of disease in human beings or animals.]
### 58B. [ For manufacture, import, export, etc., of certain preparations.
[Inserted by Section 34 of Act 10 of 1967.]
(1) Whoever, in contravention of the provisions of this Act:-
(a) manufactures any preparations which in the opinion of the Commissioner can be used as a substitute for alcohol; or
(b) adds any substance,which when swallowed or inhaled by, or injected into, a human being produces intoxication, drowsiness, sleep, stupification or insensibility, to any alcoholic preparation; or
(c) imports, exports, transports, possesses or sells any alcoholic preparation containing ingredients not approved by the Commissioner; shall, [on conviction before a competent court, be punished with imprisonment for a term which may extend to three years and with fine which may extent to twentyfive thousand rupees.]
(2) Nothing contained in this section shall apply in the case of any medicinal preparation which is generally used for or in the treatment, mitigation or prevention of disease in human beings or animals].
### 59. For vexatious search or arrest.
- Any Abkari Officer or other person who, without reasonable ground of suspicion, enters or searches or causes to be searched any closed place; or vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for anything liable to confiscation under this Act; or vexatiously and unnecessarily detains, searches or arrests any person; or in any other way vexatiously exceeds his lawful powers; shall, [on conviction before a competent court be punished for each such offence, with imprisonment for a term which may extend to three years or with fine which may extend to twenty five thousand rupees or with both;]
[Substituted for the words 'on conviction before a magistrate, be punished for each such offence, with fine which may extend to five hundred rupees, or with imprisonment for a term which may extend to six months, or with both', by Act 16 of 1997 with effect from 3/6/1997.]
### 60. For vexatious delay.
- Any officer or person, exercising powers under this Act, who vexatiously and unnecessarily delays forwarding to an Abkari Inspector or to the officer in charge of the nearest Police Station, as required by section 40 of this Act, any person arrested, or any articles seized under this Act, shall, [on conviction before a competent court, be punished with fine which may extend to ten thousand rupees or with imprisonment for a term which may extend to one year or with both;]
[Substituted for the words 'on conviction before a magistrate, be punished with fine which may extend to two hundred rupees' by Act 16 of 1997 with effect from 3/6/1997.]
### 61. For abetment of escape of persons arrested, etc.
- Any officer or persons who unlawfully releases or abets the escape of any person arrested under this Act, or abets the commission of any offence against this Act, or acts in any manner inconsistent with his duty for the purpose of enabling any person to do anything whereby any of the provisions of this Act may be evaded or broken or the Abkari Revenue may be defrauded; and any officer of any other Department referred to in section 37 who abets the commission of any offence against this Act in any place; shall, [on conviction before a competent court, for every such offence, be punished with fine which may extend to twenty five thousand rupees, or with imprisonment for a term which may extend to three years or with both;]
[Substituted for the words 'on conviction before a magistrate, for every such offence, be punished with fine which may extend to five hundred rupees, or imprisonment for a term which may extend to six months, or with both'. by Act 16 of 1997 with effect from 3/6/1997.]
### 62. [ Offence committed by several persons in furtherance of common intention.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
- When an offence unaer this Act is committed by several persons in furtherance of the common intention of all, each of such persons shall be guilty of that offence as if it was committed by him alone.]
### 63. For offences not otherwise provided for.
- Whoever is guilty of any act or intentional omission in contravention of any of the provisions of this Act, or of any rule or order made under this Act, and not otherwise provided for in this Act shall, on conviction before a Magistrate, be punished for each such wilful act or omission with fine [which may extend to five thousand rupees or with imprisonment for a term which may extend to two years or with both;]
[Substituted for the words 'which may extend to two thousand rupees' by Act 16 of 1997 with effect from 3/6/1997.]
### 64. Presumption as to commission of offence in certain cases.
- In prosecutions under [Section 55, Section 55B, Section 56A, Section 57, Section 58, Section 58A and Section 58B]
[Substituted for the words and figures 'Section 55' by Act 16 of 1997 with effect from 3/6/1997.]
it shall be presumed until the contrary is proved, that the accused person has committed an offence under that section in respect of any liquor or intoxicating drug, or any still, utensil, implement or apparatus whatsoever for the manufacture of liquor other than toddy or of any intoxicating drug, or any such materials as are ordinarily used in the manufacture of liquor or of any intoxicating drug, of the possession of which he is unable to account satisfactorily; and the holder of a licence or permit under this Act shall be punishable, as well as the actual offender, for any offence committed by any person in his employ and acting on his behalf under [Section 8 or Section 55 or Section 55B or Section 56 or 56A or Section 57 or Section 58 or Section 58A or Section 58B]
[Substituted for the words and figures 'Section 55 or Section 56 or Section 57 or Section 58' by Act 16 of 1997 with effect from 3/6/1997.]
as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence;
[ x x x x ]
[Omitted by Act 16 of 1997 with effect from 3-6-1997.]
### 64A. [ Penalty for allowing land, building, room etc. for manufacture, sale or storing for sale of liquor or intoxicating drug.
[Inserted by Section 6 of Act 12 of 1995.]
- Notwithstanding anything contained in this Act, or in any other law for the time being in force, any owner or occupier or person having control of, any land, building, room, space or enclosure, permits any person to use such land, building room, space or enclosure for manufacture sale or storing for sale of liquor or intoxicating drug in contravention of this Act or of any rule or order made thereunder or of any licence or permit obtained under this Act shall be punishable with fine which shall not less than twenty-five thousand rupees unless he proves to the satisfaction of the court that all due and reasonable precautions were taken by him to prevent such use.]
### 65. What things liable to confiscation.
- In any case in which an offence has been committed under this Act, the liquor, drug, materials, still, utensil, implement or apparatus in respect [or by means]
[Inserted by Section 20 of Act V of 1091.]
of which an offence has been committed shall be liable to confiscation.
Any liquor or intoxicating drug lawfully imported, exported, transported, manufactured had in possession or sold or toddy lawfully drawn or tapped along with,or in addition to any liquor, intoxicating drug or toddy, liable to confiscation under this section, and the receptacles, packages and coverings in which any such liquor, intoxicating drug, materials, still, utensil, implement or apparatus as aforesaid is or are found, and the other contents, if any, of the receptacles or packages in which the same is or are found, and the animals, carts, vessels or other conveyances used in carrying the same, shall likewise be liable to confiscation.
### 66. Confiscation how ordered.
- When the offender is convicted or when the person charged with an offence under this Act is acquitted but the Magistrate decides that anything is liable to confiscation, such confiscation may be ordered by the Magistrate, Whenever confiscation is authorised by this Act, the Magistrate ordering it may give the owner of the thing liable to be confiscated an option to pay in lieu of confiscation, such fine as the officer thinks fit. When an offence under this Act has been committed, but the offender is not known or cannot be found or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactory accounted for, the case shall be inquired into and determined by the [Commissioner]
[Substituted for 'Superintendent' by Section 2 of Act III of 1106.]
or by any other officer authorised by the Government in that behalf, who may order such confiscation.
Provided that no such order shall be made until the expiration of one month from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and evidence if any, which they produce in support of their claims:
[Provided further that if the thing in question is liable to speedy and natural decay, or if the [Commissioner]
[Added by Section 21 of Act V of 1091.]
or any other officer authorised by the Government in that behalf is of opinion that the sale would be for the benefit of its owner, he may at any time direct it to be sold, and the provisions of this section shall, as nearly as may be practicable, apply to the net proceeds of such sale.]
### 67. [ [Power to impose fine]
[Inserted by Finance Act, 2002 (Act 7 of 2002) w.e.f. 1-4-2002.]
.
- [(1) The Commissioner shall be competent to impose such fine as may be prescribed in the rules, on any person holding a licence or permit issued under this Act, for contravention of any rule made under this Act.
Provided that no order imposing any fine under this section shall be made without giving the person an opportunity of being heard.]
[Substituted by Act No. 3 of 2010, dated 5.10.2010.]
(2) The Commissioner may impose a fine of [Rs. 3,00,000 (Rupees three lakhs)]
[Substituted 'Rs. 25,000 (Rupees Twenty five thousand only)' by Act No. 7 of 2014, dated 13.2.2014.]
each on any person or persons holding a licence or permit under this Act for the violation by way of reconstitution, alteration or modification without the permission of the Commissioner of any deed on the strength of which any licence is granted.]
(3) [ Where a partnership fmn or a company having a hotel (restaurant) holding a licence under this Act has, without the previous permission of the Commissioner, re-constituted, altered or modified any deed constituting such partnership or Board of Directors of the company, on the strength of which such licence is granted, the Commissioner may, on payment of the fine imposed under sub-section (2) and on an application from such licensee and subject to the other provisions of this Act and the rules made thereunder, regularise such re-constitution, alteration or modification after accepting such fee as may be prescribed by rules.]
[Inserted by Act No. 7 of 2014, dated 13.2.2014.]
### 67A. [ Power to compound offences.
[Inserted by Act No. 3 of 2010, dated 5.10.2010.]
(1) The Commissioner of Excise or the Deputy Commissioner of Excise of the District concerned or any Abkari Officer specially empowered by the Government in this behalf by notification in the Gazette, may accept, from any person reasonably suspected of having committed any of the offences specified in column (1), a sum of money as specified in column (3) of the Tabic below by way of composition for the offence which may have been committed and where any property has been seized, the same shall be confiscated to Government or disposed of in such manner as may be prescribed:-
Table
| | | |
| --- | --- | --- |
|
Offence
|
Compounding section in the Act
|
Compounding fee in rupees
|
|
(1) |
(2) |
(3) |
|
Transporting of liquor or intoxicating drug in
excess of the quantity prescribed by the Government by
notification
|
10
|
5,000
|
|
Possession of liquor or intoxicating drug in
excess of the quantity prescribed
|
13
|
5,000
|
|
Consumption or use of liquor by persons under
the age of[23 years]
[Substituted '21' by Act No. 25 of 2018, dated 6.7.2018.]
|
15A
|
5,000
|
|
Sale of liquor to person under the age of[23 years]
[Substituted '21' by Act No. 25 of 2018, dated 6.7.2018.]
|
15B
|
5,000
|
|
Consumption of liquor in public places
|
15C
|
5,000
|
|
Taps or causes to be tapped any toddy producing
tree in contravention of the Act, Rules or any order made under
the Act
|
55(d) |
10,000
|
|
Draws or causes to be drawn toddy from any tree
in contravention of the Act, Rules or any order made under the
Act
|
55(e) |
10,000
|
|
Misconduct by licensee etc
|
56
|
25.000
|
|
Consumption of preparations containing, liquor
or intoxicating drug other than bonafide medicinal preparations
in the business, manufacturing or stocking premises
|
56A(2) |
5,000
|
|
[Mixing starch with liquor
[Inserted by Act No. 25 of 2018, dated 6.7.2018.]
|
57(aa) |
25,000]
|
(2) Where any case involving an offence specified under subsection (1) is pending before a court of law, such offence may be compounded with the permission of such court and a report of the action taken thereon shall be filed before the court.
(3) On payment of such sum of money or such value or both, as the case may be, to such officer empowered for the purpose under sub-section (1), the accused person, if in custody, shall be discharged.
Explanation. - For the purpose of this section, the word compound means compounding of offences.]
### 67B. [ Confiscation by Abkari Officers in certain cases.
[Inserted by Act 24 of 1975.]
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, where any liquor, intoxicating drug material, still, utensil, implement or apparatus or any receptacle, package or covering in which such liquor, intoxicating drug, material, still, utensil, implement or apparatus is found or any animal, cart, vessel, or other conveyance used in carrying the same is seized and detained under the provisions of this Act; the officer seizing and detaining such property shall, without any unreasonable delay, produce the same before an officer authorised by the Government in this behalf by notification in the Gazette, not being below the rank of an Assistant Excise Commissioner (hereinafter referred to as the authorised officer.
(2) Where an authorised officer seizes and detains any property specified in sub-section (1) or where any such property is produced before an authorised officer under that sub-section and he is satisfied that an offence under this Act has been committed in respect of or by means of that property and that such property is liable to confiscation under this Act, such authorised officer may, whether or not a prosecution is instituted for the commission of such offence, order confiscation of such property and where such property consists of any receptacle or package, the authorised officer may also order confiscation of all contents thereof.
(3) When making an order of confiscation under sub-section (2), the authorised officer may also order that such of the properties to which the order of confiscation relates, which in his opinion cannot be preserved or are not fit for human consumption, be destroyed.]
### 67C. [ Issue of show cause notice before confiscation under section 67B.
[Inserted by Act 24 of 1975.]
(1) No order confiscating any property shall be made under section 67B unless the person from whom the same is seized -
(a) is given a notice in writing informing him of the grounds on which it is proposed to confiscate such property;
(b) is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and
(c) is given a reasonable opportunity of being heard in the matter.
(2) Without prejudice to the provisions of sub-section (1), no order confiscating any animal, cart, vessel or other conveyance shall be made under section 67B if the owner of the animal, cart, vessel or other conveyance proves to the satisfaction of the authorised officer that it was used in carrying the liquor or intoxicating drug or the material, still, utensil, implement or apparatus or the receptacle, package or covering without the knowledge or connivance of the owner himself his agent, if any, and the person in charge of the animal, cart, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.]
### 67D. [ Property not liable to confiscation to be returned to owner.
[Inserted by Act 24 of 1975.]
- Where the authorised officer passes an order under Section 67B that any property seized and detained by him or produced before him under that section is not liable to confiscation under this Act, he shall, after the expiry of thirty days from the date of such order, release such property to the person from whom it was seized.
Provided that where the Commissioner has called for under section 67F the record of an order of the authorised officer, such property shall be released only subject to the orders of the Commissioner under that section.]
### 67E. [ Appeal.
[Inserted by Act 24 of 1975.]
(1) Any person aggrieved by any order passed under section 67B may, within thirty days from the date of communication to him of such order, appeal to an officer not below the rank of Deputy Commissioner of Excise authorised by the Government in this behalf by notification in the Gazette (hereinafter referred to as the appellate authority)
(2) On receipt of an appeal under sub-section (1) the appellate authority shall, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further Inquiry as may be necessary, pass such order as he thinks fit, confirming, modifying or annulling the order appealed against.
(3) An order of the appellate authority under sub-section (2) shall, subject to the provisions of Section 67F, be final and shall not be called in question in any court.]
### 67F. [ Revision.
[Inserted by Act 24 of 1975.]
(1) The Commissioner may, before the expiry of thirty days from the date of an order passed under section 67B or Section 67E, of his own motion, call for and examine the record of that order and may make such inquiry or cause such inquiry to be made and may pass such orders as he deems fit:
Provided that the Commissioner shall not call for and examine the record of any order passed under Section 67B if an appeal against such order is pending before the appellate authority;
Provided further that no order prejudicial to a person shall be passed under this section without giving him an opportunity of being heard.
(2) An order of the Commissioner under sub-section (1) shall be final and shall not be called in question in any court.]
### 67G. [ Award of confiscation to interfere with other punishments.
[Inserted by Act 24 of 1975.]
- The award of any confiscation under section 67B or section 67E or section 67F shall not prevent the infliction of any punishment to which any person is liable under this Act.]
### 67H. [ Property confiscated when to vest in Government.
[Inserted by Act 24 of 1975.]
- When an order for confiscation of any property has been passed under Section 67B or Section 67E or Section 67F and such order has become final in respect of the whole or any portion of such property, such property or portion thereof, as the case may be, shall vest in the Government free from all encumbrances.]
### 68. [ Provisions of Code of Criminal Procedure and Indian Penal Code applicable to offences committed under the Act.
[Substituted by Section 38 of Act 10 of 1967.]
- The provisions of the [Code of Criminal Procedure, 1973 (Central Act 2 of 1974)], relating to execution, so far as the same are applicable, and section 67,68 and 69 of the Indian Penal Code shall apply to all offences committed and to all persons punished under the provisions of this Act.]
### 68A. [ Appointment of Expert Committee.
[Inserted by Section 39 of Act 10 of 1967.]
(1) The Government shall appoint an Expert Committee consisting of-
(a) the Drugs Controller;
(b) the Chemical Examiner to the Government;
(c) two representatives each, one of whom shall be a non-official of the Allopathic, indigenous and Homeopathic systems of medicine, appointed, by the Government; and
(d) an officer of the Excise Department not below the rank of Deputy Commissioner, appointed by the Government.
(2) The functions of the Expert Committee shall be-
(a) to advice the Commissioner as to whether a medicinal preparation is a bona fide medicinal preparation or not;
(b) to advice the Commissioner as to the total requirement of medicinal pre-parations containing liquor or intoxicating drugs or in which alcohol is self-generated during the process of their manufacture, for the whole of the State during one year;
(c) such other functions as may be prescribed by rules made by the Government under this Act.
(3) The term of office, of and the allowances, if any, payable to the nonofficial members of the Expert Committee, the procedure to be followed by the Committee in the discharge of its functions and the manner of filling casual vacancies among the non-official members of the Committee shall be such as may be prescribed by rules made by the Government under this Act.]
X. - Miscellaneous
### 69. Publication of rules and notifications.
- All rules made and notifications issued under this Act shall be made and issued by publication in the [Gazette]
[Substituted for the words 'Cochin Sirkar Gazette' by Section 40(a) of Act 10 of 1967.]
, [\*\*\*]
[Omitted by Section 40 (b) of Act 10 of 1967.]
, All such rules and notifications shall thereupon have the force of law and read as part of this Act and may in like manner be varied, suspended or annulled.
### 70. The conferring of powers and making of appointments.
- All notification and orders conferring powers, imposing duties and making appointments under this Act may respectively refer to the persons concerned specially by name or in virtue of their office or to classes of officials generally by their official titles, and all courts shall take judicial notice thereof.
### 71. [ The Government may exempt any liquor or intoxicating drug from the provisions of this Act.
[Substituted by Section 23 of Act V of 1091.]
- The Government may by notification, either wholly or partially, subject to such conditions as they may think fit to prescribe, exempt any liquor or intoxicating drug from all or any of the provisions of this Act either throughout the [\*\*\*] State or in any specified area or for any specified period or occasion or as regards any specified person or class of person.]
### 72. Bar of actions.
- No action shall lie against the [Government]
[Substituted for the word 'Sirkar' by Section 21 of Act 10 of 1967.]
or against any Abkari Officer, for damages in any Civil Court for any act bona fide done or ordered to be done in pursuance of this Act,or of any law for the time being in force relating to Abkari Revenue, and all prosecutions of any Abkari Officer, and all actions which may be lawfully brought against the [Government]
[Substituted for the word 'Sirkar' by Section 21 of Act 10 of 1967.]
or against any Abkari Officer, in respect of anything done or alleged to have been done, in pursuance of this Act shall be instituted within six months from the date of the act complained of and not afterwards.
In such action, if for damages it shall be lawful for the Court, if tender of sufficient amends shall have been made before the action was brought, in awarding the amount so tendered, to refuse costs to the plaintiff and direct him to pay the costs of the defendant.
|
65b9e3dcab84c7eca86ea2fd | acts |
State of Assam - Act
----------------------
Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018
---------------------------------------------------------------------------------------------------------------------
ASSAM
India
Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018
=====================================================================================================================
Act 18 of 2018
----------------
* Published on 9 May 2018
* Commenced on 9 May 2018
Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018
(Assam Act
No. 18 of 2018
)
Last Updated 12th February, 2020
(Received the assent of the Governor on 9th May, 2018)
(Published in the Assam Gazette, Extraordinary dated 19.5.2018, pp. 2185-2195)
An Act to provincialise the services of the non-teaching staff of the Venture Educational Institutions in the State of Assam.
Preamble
Whereas it is expedient to provincialise the services of the non-teaching staff of the Venture Educational Institutions in the State of Assam;
It is hereby enacted in the Sixty-ninth Year of the Republic of India as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018.
(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 Gazette, appoint and different dates may be appointed for different provisions of the Act or for different category of educational institutions.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires, -
(a) "Base School" means either an existing provincialised or a Venture Educational Institution identified for the purpose of provincialisation of services of teachers and/or tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017), within the radius of 1 km in case of Lower Primary Schools, within the radius of 3 kms. in case of Upper Primary Schools, within the radius of 5 kms. in case of High Schools or High Madrassas and within the radius of 7 kms. in case of Higher Secondary schools or Senior Secondary Schools and which possess satisfactory norms and standards in relation to enrollment of students, adequate infrastructure and having DISE Code for the year 2009-2010 or before;
(b) "District Scrutiny Committee" means the District Scrutiny Committee constituted under section 7 for each District to recommend names of Venture Educational Institutions along with the names of non-teaching staff whose services are considered eligible for provincialisation under this Act;
(c) "DISE Code" means District Information System for Education Code prepared by the Sarba Siksha Abhijan, Assam and as available in the records of the National University of Educational Planning and Administration, New Delhi;
(d) "employee" means and includes all serving non-teaching staff of Venture Educational Institutions who have been appointed and joined in the concerned Venture Educational Institution before the 1st day of January, 2011 and whose services are being or would be provincialised under this Act;
(e) "non-teaching staff" means and includes the Librarian, Assistant Librarian, Sr. Assistant, Junior Assistant, Library Assistant, Laboratory Assistant, Laboratory Bearer, Grade-IV as specified in the Schedule;
(f) "provincialisation" means taking over the liabilities for payment of fixed salaries and gratuity, pension, leave encashment, etc., as admissible, under the existing rules to the Government servants serving under the Government of Assam;
(g) "Provincialised School" or 'Provincialised College" means an existing provincialised school or college or a Venture Educational Institution wherein the services of teachers and tutors are provincialised under the Assam Education (Provincialisation of 2017 Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No.XXV of 2017);
(h) "Schedule" means the Schedule appended to this Act;
(i) "State Government" means the State Government of Assam in the concerned Education Department, i.e., Elementary Education Department in case of Primary and Upper Primary Schools; Secondary Education Department in case of Secondary, Higher Secondary Schools and Senior Secondary Schools, Higher Education Department in case of Degree Colleges;
(j) "State Level Scrutiny Committee" means the State Level Scrutiny Committee constituted under section 7 to cause physical verification of the institutions as recommended by the District Scrutiny Committee for final recommendation in the matter of provincialisation;
(k) "Venture Degree College" means a Degree College imparting education beyond Class XII stage established by the people of the locality prior to 1.1.2006 and which has also received affiliation at least for 1st year degree class from the concerned University and concurrence from the State Government on or before 1.1.2006 and whereof the services of non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far;
(l) "Venture High School" means High School imparting education up to class X and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 1.1.2006 and whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far;
(m) "Venture Higher Secondary School" means a Higher Secondary School simparting education up to Class XII and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government on or before 1.1.2006 and whereof the services of non-teaching staff have not been provincialised under any Act earlier enacted by the State Legislature so far;
(n) "Venture Senior Secondary School" means a Venture Senior Secondary School (erstwhile Junior College) established by the people of the locality prior to 1.1.2006 which has received concurrence from the Government and permission from the Assam Higher Secondary Education Council on or before 1.1.2006 and whereof the services of non-teaching staff have not been provincialised under any Act earlier enacted by the State Legislature so far;
(o) "Venture ME School" including "Venture ME Madrassa" means an Upper-Primary School imparting education from class VI up to class VIII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 1.1.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far:
Provided that the DISE Code shall have to be issued on or before 2009-10 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution;
(p) "Venture Upper Primary School" means a School imparting education from class VI up to class VIII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 1.1.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far;
(q) "Venture Educational Institutions" means and includes Venture Degree College, Venture Higher Secondary School, Venture Senior Secondary School, Venture High School, Venture High Madrassa, Venture ME School, Venture ME Madrassa, Venture Upper Primary School and Venture Lower Primary School situated within the State of Assam whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far:
Provided that the educational institutions which are running professional courses and private institutions run with the fees received from the students shall not come within the purview of the definition of Venture Educational Institution under this clause.
(2) Words and expressions used in this Act and not defined but defined in the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017), shall have the same meanings respectively assigned to them in the said Act.
### 3. Eligibility criteria for selection of educational institution for provincialisation of services of non-teaching staff.
- Subject to the provisions of article 30 of the Constitution of India, the Venture Educational Institutions which have been considered for provincialisation of services of teacher/tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017) shall be eligible for being considered for provincialisation of services of their non-teaching staff.
### 4. Non-teaching staff to be Government servants.
(1) Subject to fulfillment of all other provisions of this Act, the services of the non-teaching staff of all Venture Educational Institutions eligible under section 3 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the Official Gazette for the provincialisation of services of teacher/tutor of that school/ college, and they shall become employees of the State Government with effect from such date. Further their services shall also be utilized in the base school where the services of teachers/tutors of that school are utilized :
Provided that where the numbers of the non-teaching staff serving in such Venture Educational Institutions exceed the numbers as specified in the Schedule, the provincialisation of the services of the employees shall be on the basis of seniority of service in the respective category in the concerned educational institutions. The State Government shall have no such liability whatsoever in regard to such excess employees.
(2) The employee to be provincialised under this Act, -
(i) must have been working in the concerned Venture Educational Institution that have been recognized by the competent authority on or before 1.1.2006;
(ii) must have minimum educational and professional qualifications as laid down under relevant Service Rules as on 1.1.2011;
(iii) must have rendered at least six years continuous service as on 1.1.2017 from the date of joining in the concerned Venture Educational Institution which must be on 31.12.2010 or prior to that date.
### 5. Educational and Professional qualification of non-teaching staff.
- The services of non-teaching staff in a Venture Educational Institution from the Elementary level up to the Degree Level, shall be considered for provincialisation subject to fulfillment of the eligibility criteria required for the respective post.
### 6. Terms and conditions of service.
(1) Subject to the provisions of this Act and the Rules made thereunder, all rules including service rules and rules of conduct and discipline which are applicable to State Government servant of corresponding ranks, shall be applicable to all employees of educational institutions whose services have been or to be provincialised under the provisions of this Act.
(2) The non-teaching staff whose services have been provincialised under this Act shall get fixed pay as specified in the Schedule with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. However, their fixed salary shall not be less than the minimum wages fixed by the Government from time-to-time under the provisions of the Minimum Wages Act, 1948 (Central Act No. 11 of 1948).
(3) Depending upon the revision of minimum wages fixed by the Government from time-to-time under the Minimum Wages Act, 1948, the Government may revise the fixed salary of the provincialised non-teaching staff by notification in the Official Gazette, so that their fixed salary shall not be less than the minimum wages fixed by the Government under the Minimum Wages Act, 1948 and on such notification having been issued, the Schedule shall be deemed to have been amended.
(4) The non-teaching staff, who have completed sixty years of age as on the date of coming into force of this Act, shall be deemed to have retired with effect from that date and they shall have no claim whatsoever from the State Government as regards their pay, allowances and retirement benefits for services already rendered by them in such educational institutions before the date of provincialisation.
(5) The non-teaching staff whose services have been provincialised under this Act shall hold personal posts to be created for provincialisation of their services. These posts shall be outside the cadre which shall stand abolished on cessation of services by the concerned employee due to retirement, death, resignation or any other reason whatsoever.
### 7. District Scrutiny Committee and State Level Scrutiny Committee.
(1) The District Scrutiny Committees and State Level Scrutiny Committee as constituted under section 13 of the Assam Education (Provincialisation of Services and Re-organisation of Educational Institutions ) Act, 2017 (Assam Act No. XXV of 2017), in each district and at the State level shall scrutinize service records and other related issues of the non-teaching staff of Venture Educational Institutions for the purpose of provincialisation of their services under this Act. The list of the non-teaching staff whose services shall be provincialised under this Act, shall be finalized in the manner prescribed under the aforesaid Act.
### 8. Appellate authority.
- The State Level Scrutiny Committee shall be the appellate authority in respect of any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the appellate authority in respect of any recommendation of the State Level Scrutiny Committee.
### 9. Offences and penalties.
- Whoever provides misleading, incorrect or false information to and suppresses material information from or abets the providing or suppression of such information to, the District Scrutiny Committee or any other authority under this Act, shall commit an offence under this Act which shall be punishable with imprisonment for a term which may extend to two years.
### 10. Offences to be cognizable and non-bailable.
- Offences committed under this Act shall be cognizable and non-bailable under the provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
### 11. Trial of cases.
(1) Offences under section 10 shall be triable by a Judicial Magistrate of the competent jurisdiction under the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
(2) Cases under this section shall be tried summarily under the Code of Criminal Procedure, 1973.
### 12. Suit and proceedings.
- No suit, prosecution or other legal proceeding shall lie for anything in good faith done under this Act, except with the previous sanction of the State Government.
### 13. Power of interpretation and removal of difficulties.
(1) If any difficulty arises in interpretation of any provisions of this Act, the interpretation of the State Government shall be final.
(2) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order do anything not inconsistent with the provisions of this Act and the rules framed thereunder, which appear to be necessary or expedient for the purpose of removing the difficulty.
### 14. Creation of personal post and maintenance of reservation policy.
- For the purpose of provincialisation of services of the non-teaching staff under this Act, the Government shall create and sanction such number of ex-cadre posts which shall be personal to the incumbents. These personal posts shall stand abolished on cessation of the services of the teachers for any reason whatsoever including retirement, resignation, death, etc. Since these are personal as well as ex-cadre posts, the present cadre strength of the concerned service shall not be impacted in any way due to creation of these posts.
### 15. Power to make rules.
(1) The State Government may, by notification published in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely, -
(i) prescribing service conditions and specifying the duties and responsibilities of all non-teaching staff whose services have been provincialised under this Act;
(ii) preparation and maintenance of service records of the non-teaching staff whose services have been provincialised;
(iii) prescribing the scope of work, emoluments and remuneration, and other terms and conditions of service of non-teaching staff provincialised under this Act
(3) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the Assam 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 two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislative Assembly 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.
### 16. Savings.
- Notwithstanding the repeal of the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (Assam Act No. XVII of 2011) as amended vide the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2012 (Assam Act No. XXI of 2012) and the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2013 (Assam Act No. XX of 2013), by the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017), all the non-teaching staff of the Venture Educational Institutions, whose services were provincialised prior to 23.09.2016, shall continue in their services and their cases shall be reviewed as per the eligibility norms set forth for Provincialisation under this Act.
Schedule
----------
[See sections 2(s) , 4(1) and 6(2)]
Fixed salary admissible for non-teaching staff
| | | | | |
| --- | --- | --- | --- | --- |
|
Category of Institution
|
Category of post held by the employee in the
institution prior to provincialisation
|
Maximum number of posts to be provincialised
in each institution
|
Fixed monthly salary for the first three years
|
Fixed monthly salary from fourth year onwards
|
|
Degree College
|
Assistant Librarian
|
1
|
12600
|
14000
|
|
Senior Assistant
|
2
|
12400
|
13800
|
|
Junior Assistant
|
2
|
10600
|
11800
|
|
Laboratory Assistant for Science Stream.
|
1
|
10600
|
11800
|
|
Library Assistant
|
1
|
10600
|
11800
|
|
Laboratory Bearer for Science Stream.
|
1 in each stream
|
8700
|
10000
|
|
Grade-IV
|
6
|
8700
|
10000
|
|
Senior Secondary School/Higher Secondary School.
|
Senior Assistant
|
1
|
12400
|
13800
|
|
Junior Assistant
|
1
|
10600
|
11800
|
|
Library Assistant
|
1
|
10600
|
11800
|
|
Laboratory Bearer for Science Stream (Subject
having practical classes).
|
3
|
8700
|
10000
|
|
Grade-IV
|
31
|
8700
|
10000
|
|
High School/ High Madrassa.
|
Junior Assistant
|
1
|
10600
|
11800
|
|
Grade-IV
|
1
|
8000
|
10000
|
|
Upper Primary School (ME-School/ME Madrassa
|
Grade-IV
|
1
|
8000
|
10000
|
|
65b9b137ab84c7eca86e9a0c | acts |
State of Rajasthan - Act
--------------------------
Rajasthan General Clauses Act, 1955
-------------------------------------
RAJASTHAN
India
Rajasthan General Clauses Act, 1955
=====================================
Act 8 of 1955
---------------
* Published on 1 January 1955
* Commenced on 1 January 1955
Rajasthan General Clauses Act, 1955
Rajasthan Act
No. 8 of 1955
### 029. An Act to provide for the facilitate the interpretation of Rajasthan laws and make other provisions relating thereto.
Whereas it is expedient to provide for and facilitate the interpretation of Rajasthan laws, to shorten the language used therein and to make certain other provisions relating to such laws;
Be it enacted by the Rajasthan State Legislature in the sixth year of the Republic of India as follows:-
### 1. Short title and commencement:
(1) This Act may be called the Rajasthan General Clauses Act, 1955.
(2) It shall come into force on the date of its first publication in the Rajasthan Gazette.
### 2. Repeal.
The Jaipur General Clauses Act, 1944, the Alwar State General Clauses Act, 1944, the Mewar General Clauses Act, 1945, the Marwar General Clauses Act, 1948 and other corresponding laws [in force in the Covenanting States or in the Ajmer area or in the Abu area or in the Sunel area]
[Substituted by Section 2 of Rajasthan Act Co. 45 of 1957, published in Rajasthan Gazette, Extraordinary, Part IV-A dated 24.12.1957.]
are hereby repealed.
### 3. References to General Clauses Act, 1897.
References made in any Rajasthan law to, or to the provisions of the General Clauses Act, 1897 (Act X of 1897) of the Central Legislature shall be deemed to be references to, or to the corresponding provisions of this Act.
Provided that nothing contained in this Act shall after the operation of the General Clauses Act, 1897 [Act X of 1897] of the Central Legislature, with reference to such Rajasthan law, previously to the commencement of this Act) [or in the case of laws in force in the Ajmer area or in the Abu area or in the Sunel area the commencement of the Rajasthan General Clauses (Amendment) Act, 1957]
[Inserted by Section 3-Ibid.]
.
### 4. Application:
Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this Act shall apply:
(i) To this Act,
(ii) To all Rajasthan laws [in force in the pre-reorganisation State of Rajasthan]
[Inserted by Section 4, ibid.]
made after the commencement of this Act,
(iii) To all Central Acts adapted to Rajasthan from time to time, by the Rajasthan State Legislature,
(iv) Where any such law or Act confers upon any authority a power to make rules, regulations or bye-laws, to such rules, regulations or bye-laws [X X]
[Omitted by Section 4, ibid.]
.
(v) So far as may be, to all Rajasthan laws [in force in the pre-reorganisation State of Rajasthan]
[Inserted by Section 4, ibid.]
pertaining to Lists H and III of the Seventh Schedule to the Constitution made befole the commencement of this Act and to any rules, regulations or bye-laws thereunder [and]
[Inserted by Section 4, ibid.]
(vi) [ To all Rajasthan Law and to Rules, regulations and bye-laws thereunder made on or after the first day November, 1956.]
[Inserted by Section 4, ibid]
General Rules of Construction
### 5. Coming into operation of Rajasthan laws.
(1) Where any Rajasthan law made after the [first day of November, 1956]
[Substituted by section 4 of Rajasthan Act No. 45 of 1957, published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 24.12.1957.]
is not expressed to come into operation on a particular day, then it shall come into operation
(a) If it is an Act of the State Legislative Assembly, on the day on which the assent thereto of the [Governor]
[Substituted by section 4, Rajasthan Act No 45 of 1957, published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 24.12.1957.]
or the President, as the case may require, is first published in the Rajasthan Gazette, and
(b) If it is an Act or Ordinance of the [Governor]
[Substituted by section 4, Rajasthan Act No 45 of 1957, published in Rajasthan Gazette, Extraordinary, Part IV-A, dated 24.12.1957.]
or the President, on the day on which it is first published as such Act or Ordinance in the Rajasthan Gazette.
(2) Unless the contrary is expressed, a Rajasthan Law shall be construed as coming into operation immediately on the expiration of the day preceding its commencement.
### 6. Effect of Repeal.
(1) Where any Rajasthan law repeals any enactment hitherto made or hereafter to be made, then unless a different intention appears the repeal shall not
(a) Revive anything not in force or existing at the time at which the repeal takes effect; or
(b) Affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or
(c) Affect any right, privilege, obligation or liability acquired, [accused]
[Corrected vide Errata No. F. 1(3) Law (codi)/70, dated 26.10.1972, published in Rajasthan Gazette, part IV-C, Sub-part I, Ordinary, dated 14.12.1972.]
or incurred under any enactment so repealed; or
(d) Affect any fine, penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) Affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, fine, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such fine, penalty, forfeiture or punishment, may be imposed, as if repealing law had not been passed.
(2) The Provisions of this section shall also apply upon the expiry or withdrawal of any Rajasthan law [as if such law had not expired or, as the case may be, had not been withdrawn]
[Substituted by section 2 of Rajasthan Act No. 49 of 1958, published in Rajasthan Gazette, Extraordinary. Part IV-A, dated 30.12.1958.]
.
Provided that the provision contained in clause (a) of sub-section (1) shall not so apply.
### 7. Repeal of laws of making textual amendment.
Where any Rajasthan law repeals any enactment by which the text of any law was amended by the express omission, insertion or substitution of any matter, then, unless a different intention appears, the repeal shall not effect the continuance of any such amendment made by the enactment so repealed and in operation at the time of such repeal.
### 8. Revival of repealed enactment.
In any Rajasthan law made after the commencement of this Act, it shall be necessary for the purpose of reviving, either wholly or partially, any enactment, wholly or partially repealed, expressly to state that purpose.
### 9. Construction of references to repealed enactments.
Where any Rajasthan law repeals and re-enacts, with or without modification, any former enactment or any provision thereof, then references in any enactment or in any instrument to the enactment or provision so repealed shall, unless a different intention appears, be construed as references to the enactment or provision, as the case may be, so re-enacted.
### 10. Commencement and termination of time.
In any Rajasthan law it shall be sufficient, for the purpose of excluding the first in a aeries of days or any other period of time, to use the word 'from' and, for the purpose of including the last in a series of days or any other period of time, to use the word 'to'.
### 11. Computation of time.
Where, by any Rajasthan law, any Act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on the that day or the last day of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open:
Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act 1908, (Central Act IX of 1908) applies.
### 12. Measurement of distances.
In the measurement of any distance for the purposes of any Rajasthan law, that distance shall, unless a different intention appears, be measured in a straight line on a horizontal plane.
### 13. Duty to be taken prorata.
Where, by any Rajasthan law, any duty of customs or excise, or in the nature thereof, is leviable on any given quantity, by weight, measure or value of any goods or merchandise, then a like duty is leviable according to the same rate on any greater or less quantity.
### 14. Gender and number.
In all Rajasthan laws, unless a different intention appears: (1) Words importing the masculine gender shall be taken to,include females; and.
(2) Words in the singular shall include the plural and vice versa.
Powers and Functionaries
### 15. Power or duty to be exercisable from time to time.
Where, by any Rajasthan law, any power is conferred or any duty is imposed then, unless a different intention appears, that power may be exercised and that duty shall be performed from time to time as occasion requires.
### 16. Exercise of power and performance of duty by temporary holder of office.
Where a Rajasthan law confers a power or imposes a duty on the holder of an office as such, then the power may, be exercised and the duty shall be performed by the holder for the time being of the office.
### 17. Power to appoint to include power to appoint ex officio.
Where by any Rajasthan law, a power to appoint any person to fill any office or execute any function is conferred, then, unless it is otherwise expressly provided, any such appointment may be made either by name or by virtue of office.
### 18. Power to appoint to include power to suspend, remove or dismiss.
Where, by any Rajasthan law, a power to make any appointment is conferred then, unless a different intention appears, the authority having for the time being power to make the appointment shall also have power to suspend, remove or dismiss any person appointed by itself or any other authority in exercise of that power.
### 19. Substitution of functionaries.
In any Rajasthan law, it shall be sufficient, for the purpose of indicating the application of law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions or that of the officer by whom the functions are commonly executed.
### 20. Successors.
In any Rajasthan law, it shall be sufficient, for the purpose of indicating the relation of a law to the successors of any functionaries or corporations having perpetual succession, to express its relation to the functionaries or corporations.
### 21. Official Chief and Subordinate
In any Rajasthan law, it shall be sufficient for the purpose of expressing that a law relative to the chief or superior of an office shall apply to the deputies or subordinates lawfully performing the duties of that office in the place of their superior, to prescribe the duty of the superior.
Provisions of Notifications, Orders, Rules etc. made under Enactments
### 22. Constitution of notifications, Orders, etc. issued or made under enactments.
Where, by any Rajasthan law, a power to issued or make any notification, order, scheme, rule, regulation, form or bye-law is conferred then the expressions used in the notification, order scheme, rule, form or bye-law shall, unless there is anything repugnant in the subject or context, have the same respective meanings as in the Rajasthan law conferring the power.
### 23. Power to make or issue to include power to add, to amend, vary or rescind order, etc.
Where, by any Rajasthan law, a power to make or issue order, rules, regulations, schemes, forms, bye-laws or notifications is conferred, then that power includes a power exercisable in the like manner and subject to the like sanction and conditions (if any), to add, to amend, vary or rescind any orders, rules regulations, schemes, forms, bye-laws or notifications so made or issued.
### 24. Making of rules, etc. and issuing or orders between passing and commencement of enactments.
Where, by any Rajasthan law which is not to come into operation immediately on the passing thereof, a power is conferred to make rules, regulation or bye- laws or to issue orders with respect to the application of such law or with respect to the establishment of any court or office or the appointment of any judge or officer there under or with respect to the person by whom or the times when or the place where or the manner in which or the fees for which anything is to be done under such law, then that power may be exercised at any time after the passing of such law, but rules, regulation, bye-laws or orders so made or issued shall not take effect till the commencement of such law.
### 25. Publications of orders, etc. in Rajasthan Gazette to be deemed to be due publication.
Where, in any Rajasthan law or in any rule, regulation or bye-law made there-under, it is directed that any rule, regulation, bye-law, notification, order, scheme, form or other matter shall be notified or published, then such notification or publication shall, unless such law, rule, regulation or bye-law otherwise provides, be deemed to be duly made if it is published in the Rajasthan Gazette.
### 26. Provisions applicable to making of rules, etc. after previous publication.
Where, by any Rajasthan, law, a power to make rules, regulations or bye-laws is expressed to be given subject to the condition of the rules, regulations or bye-laws being made after previous publication, then unless such law otherwise provides, the following provisions shall apply, namely: (1) The authority having power to make the rules, regulations or bye-laws shall, before making them, publish a draft of the proposed rule's, regulations or bye-laws for the information of persons likely to be affected thereby;
(2) The publication shall be made in such manner as that authority deems to be sufficient, or, if the condition with respect to previous publication so requires, in such manner as the Government prescribes;
(3) There shall be published with the draft a notice specifying a date on or after which the draft will be taken into consideration;
(4) The authority having power to make the rules, regulations or bye-laws, and, where the rules, regulations or bye-laws are to be made with the sanction, approval or concurrence of another authority, that authority also, shall consider any objection or suggestion which may be received by the authority having power to make the rules, regulations or bye-laws from any person with respect to the draft before the date so specified;
(5) The publication in the Rajasthan Gazette of a rule, regulation or bye-law purporting to have been made in exercise of a power to make rules, regulations or bye-laws after previous publication shall be conclusive proof that the rule, regulation or bye-laws has been duly made.
### 26A. Laying of Rules before the State Legislature.
(1) All rules made by the State Government under a Rajasthan Act shall as soon as may be after they are made, be laid before the State legislature for a total period of fourteen days which may be comprised in one or more sessions and if during the said period the State Legislature makes any modifications therein, the rules shall thereafter have effect only in such modified form without prejudice to the validity of anything previously done under the rules.
[(2) Where any Central Act, in force in or applicable to the State of Rajasthan and relating to matters with respect to which the State Legislature has power to make laws for the State, confers power on the State Government to make rules thereunder, then, subject to any express provision to the contrary in such Act, the provisions of sub-section (1) shall, so far as may be, apply to the rules made by the State Government in exercise of that power.]
[Inserted by Rajasthan Act 1 of 1993 (Published in Rajasthan Gazette, Ex-Ord., 4(Ka) dated 30.1.1993 at Page 203).]
### 27. Continuation of orders, etc. issued under enactments repealed and re-enacted.
Where, any enactment is repealed and re-enacted with or without modifications, then, unless it is otherwise expressly provided any appointment, notification, order, scheme, rule, regulation, from or bye-law made or issued and anything duly done or action taken under the repealed enactment shall, so far as it is not inconsistent with the provisions so re-enacted, continue in force, and be deemed to have been made or issued and done or superseded by any appointment, notification, order, scheme, rule, regulation, form or bye-law made or issued or anything done or action taken under the provisions so re-enacted.
Miscellaneous
### 28. Recovery of fines:
Section 63 to 70 of the Indian Penal Code, 1860 ([Central]
[Inserted by Section 6 of Rajasthan Act No. 45 of 1957, Published in Rajasthan Gazette, Extraordinary Part IV-A, dated 24.12.1957.]
Act XLV of 1860) and the provisions of the Code of Criminal Procedure, 1898 ([Central]
[Inserted by Section 6 of Rajasthan Act No. 45 of 1957, Published in Rajasthan Gazette, Extraordinary Part IV-A, dated 24.12.1957.]
Act V of 1898) in relation to the issue and execution of warrants for the levy of fines shall apply to all fines imposed under any Rajasthan law or any rule, regulation or bye-law made under any Rajasthan law unless such law, rule, regulation or bye-law contains an express provision to the contrary.
### 29. Provision as to offences punishable under two or more enactments.
Where an act or omission constitutes an offence under two or more enactments, then offender shall be liable to be prosecuted and punished under either or any of those enactments, but shall not be liable to be punished twice for the same offence.
### 30. Meaning of service by post.
Where any Rajasthan law authorises or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used then, unless a different intention appears, the service shall be deemed to be affected by properly addressing, preparing and posting by registered post a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
### 31. Citation of enactments.
(1) In any Rajasthan law and in any rule, regulation, bye-law, instrument or document made under, or with reference to, any such law, any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number and year thereof, and any provision in an enactment may be cited by reference to the section or sub- section of the enactment in which the provision is contained.
(2) In any Rajasthan law a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.
### 32. Definitions.
Unless there be anything repugnant in the subject or context or unless the contrary intention appears, the following expressions shall have the meanings respectively assigned to them hereby, namely:
(1) "abet" with its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code ([Central]
[Inserted by section 7 of Rajasthan Act No.45 of 1957, published in Rajasthan Gazette; Extraordinary, Part IV-A dated 24-12.1957.]
Act XLV of 1860);
(1A)
[ "Abu area" shall mean the territory comprised in the Abu Road taluka of Banaskantha district in the State of Bombay as it existed immediately before the first day of November, 1956;]
[Inserted vide item No (i) of Part 1 of the Fourth Schedule of the Rajasthan Adaptation of Laws (on State and Concurrent Subjects) Order, 1956 published in the Rajasthan Gazette, Part IV-C, Extraordinary, dated 1st November, 1956, and subsequently substituted by section 7 of Rajasthan Act No. 45 of 1957, published in Rajasthan Gazette, Extra-ordinary Past IV-A, dated 24-12-1957.]
(2) "act", used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to acts done extend also to illegal omissions;
(3) "affidavit", shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead or swearing;
(4) "Barrister" shall mean a barrister of England or Ireland or a member of thc Faculty of Advocates in Scotland;
(5) "Board" or "the Board" or "the Board of Revenue" or "the Revenue Board" shall mean the Board of Revenue for Rajasthan established and constituted in accord. once with [any law for the time being in force]
[Substituted by section 7- ibid.]
.
(6) "British India" shall mean
(i) as respects the period before the commencement of Part III of the Government of India Act 1935, all territories and places within His Majesty's Dominions which were being governed by His Majesty through the Governor General of India or, through any Governor or officer subordinate to the Governor General of India, and
(ii) as respects any period after such commencement and before the establishment of the Dominion of India, all territories for the time being comprised within the Governors Provinces and the Chief Commissioners' Provinces;
(7) "Central Act" shall mean an Act of Parliament and shall include
(a) an Act of the Dominion Legislature or of the India:: Legislature passed before the commencement of the Constitution, and
(b) an Act made before such commencement by the Governor General in Council or the Governor General acting in a legislative capacity;
(8) "Central Government" shall
(a) in relation to anything done before the commencement of the Constitution, mean the Governor General or the Governor General in Council, as the case may be,
(b) in relation to anything done or to be done after the commencement of the Constitution, mean the President,
and shall include, in relations entrusted under clause (1) of Article 258 of the Constitution to the Government of a State, the State Government acting within the scope of the authority given to it under that clause;
(9) "Central Legislature" shall mean
(i) as respects the period before the establishment of the Dominion of India;
(a) the Governor General in Council acting in a legislative capacity under the Government of India Act, 1833 or the Government of India Act, 1853 or the Indian Council Acts, 1861 to 1909 or any of those Acts or the Government of India Act, 1915, or
(b) the Indian Legislature acting under the Government of India Act, 1919 or the Government of India Act, 1935 or
(c) the Federal Legislature acting under the Government of India Act, 1935 as the case may require;
(ii) as respects the period after such establishment and before the commencement of the Constitution, the Dominion Legislature; and
(iii) as respects the period after commencement, the Parliament.
(10) "Chapter" shall mean a chapter of the enactment in which the words occurs;
(11) "Chief Controlling Revenue Authority" or "Chief Revenue Authority" shall mean the Board of Revenue.
(12) "Collector" shall mean the chief officer in charge of the revenue administration of a district;
(13) "Commencement" used with reference to an enactment, shall mean the day on which such enactment came or comes into force; For commentary See Section 5 ante.
(14) [x x x]
Omitted vide item 14 of the Schedule of the Rajasthan Act
[No. 8 of 1962
, published in Tajasthan, Rajpatra Extraordinary, Part IV-A. dated 23.4.1992.]
(15) "Constitution" shall mean the Constitution of India;
(16) "Constitution" shall mean the Covenant entered into, with the concurrence and guarantee of the Central Government by the Rulers of the Covenanting States of Banswara, Bikaner, Bundi, Dungarpur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Kishangarh, Kotah, Mewar, Partabgarh, Shahpura and Tonk, thereby establishing the State of Rajasthan, as supplemented by the agreement made with the like concurrence and guarantee between the Rajpramukh of Rajasthan, Rajpramukh of the former Matsya State and the Rulers of the Covenanting States of Alwar, Bharatpur, Dholpur and Karauli for the inclusion in and integration with the State of Rajasthan of the last mentioned for Covenanting States, and shall, include, where the contest so requires, the Covenant establishing the former Rajasthan State or the Covenant establishing the former Matsya State;
(17) "Covenanting State" shall mean and include any of the Indian States of Alwar, Banswara, Bharatpur, Bikaner, Bundi, Dholpur, Durgapur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Karauli, Kishangarh, Kotah, Mewar, Partabgarh, Shahpura, Sirohi and Tonk;
(18) "District" shall mean and include the territorial limits of a district in Rajasthan under the administrative charge of a Collector, formed or deemed to be formed under any law for the time being in force;
(19) "District Court" shall mean the principal Civil Court of original jurisdiction of a district constituted for the purpose, but shall not include the High Court in the exercise of its ordinary or extraordinary original Civil Jurisdiction;
(20) "District Judge" shall mean the Judge of a District Court;
(21) [x x x]
Omitted vide item 14 of the Schedule of the Rajasthan Act
[No. 8 of 1962
, published in Tajasthan, Rajpatra Extraordinary, Part IV-A. dated 23.4.1992.]
(22) "Document" shall include any matter written, expressed, inscribed or described upon any substance by means of letters, figures, or marks or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter;
(23) "Dominion" or "Dominion of India" shall mean the Dominion of India established by the Indian Independence Act, 1947, of the British Parliament;
(24) "Dominion Government" shall mean the Government of the Dominion of India;
(25) "Dominion Legislature" shall mean the Legislature of the Dominion of India acting under the Government of India Act, 1935, as adopted by the Indian (Provisional Constitution) Order 1947;
(26) "enactment" shall mean any law and shall include any provision contained in any law;
(27) "father" in the case of any one whose personal law permits adoption shall include an adoptive father:
(28) "financial year" shall mean the year commencing on the 1st day of April and ending on the thirty-first day of March next following;
(29) "former Matsya State" shall mean the United State of Matsya established by the Covenant entered into by the Rulers of the Covenanting States of Alwar, Bharatpur, Dholpur and Karauli:
(30 "former Rajasthan State" shall mean the United State of Rajasthan established by the Covenant entered into by the Rules of the covenanting State of Banswara, Bundi, Dungarpur, Jhalawar, Kishangarh, Kota, Mewar, Partapgarh, Shahpura and Tonk;
(31) "Gazette" or "Official Gazette" "Rajasthan Gazette" or "Rajasthan RajPatra" shall mean the Rajasthan Gazette published in pursuance of [any law for the time being in force under the authority of the State Government]
[Substituted by section 7 of Rajasthan Act 45 of 1957, published in Rajasthan Gazette Extraordinary, Part IV-A, dated 24-12-1957.]
.
(32) Good-faith. a thing shall be deemed to be done in "good faith" where it is in fact done honestly, whether it is done negligently or not;
(33) "Government" or "the Government" shall include both the Central Government and any State Government;
(34) "Government securities" shall mean the securities of the Central Government or any State Government;
(34A)
[ "Governor" means, as respects the period on or after ,the 1st day of November, 1956, the Governor of Rajasthan.]
[Inserted vide item No. (iii) of Part I of the Fourth Schedule of the Rajasthan Adaptation of Laws (on State and Concurrent Subject) Order, 1956 published in the Rajasthan Gazette, Part IV-C. Extraordinary, dated the 1st November, 1956.]
;
(35) "growing crops" shall include crops of all sorts attached to the soil, and leaves, flowers, and fruits upon, and juice in, trees and shrubs;
(36) "High-Court" shall mean the High Court of judicature for Rajasthan;
(37) "immovable property" shall include land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth, but shall not include standing timber, growing crops or grass;
(38) "Imprisonment" shall mean imprisonment of either description as defined in the Indian Penal Code [Central] Act RLV of 1980);
(39) "India" shall mean,
(a) as respects any period before the establishment of the Dominion of India. British India together with all territories of Indian Rulers then under the suzerainty of His Majesty, all territories under the suzerainty of such an Indian Rulers and the tribal areas;
(b) as respects any period after the establishment of the Dominion of India and before the commencement of the Constitution, all territories for the being included in that Dominion; and
(c) as respects any period after the 'commencement of the Constitution, all territories for the time being comprised in the territories of India.
(40) "Indian State" shall mean any territory which the Central Government recognised as such before the commencement of the Constitution, whether described as a State, an Estate, a jagir or otherwise, and shall include every conventing State;
(41) "Law" shall mean any law, Act, Ordinance, regulation, rule, notification, order, bye-law, scheme, or other instrument having for the time being the force of law;
(42) "Legislature Assembly" or "State Legislative Assembly" shall mean the Legislative Assembly formed for Rajasthan in accordance with the Constitution;
(43) "Local authority" shall mean a municipal board, committee, corporation or council, a district board, [a Zila Parishad, a Panchayat Samiti]
[Inserted by section 3 of Rajasthan Act No. 37 of 1959, Published in Rajasthan Gazette, PLIV-A, Extraordinary, dated 9-9-1959.]
a panchayat or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund;
(44) "Magistrate" shall include every person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1908 ([Central]
[Inserted by item No.(vii) of Section 7 of Rajasthan Act No.45 of 1957 published in Rajasthan Gazette, Part IV-A Extraordinary, dated 24-12.1947.]
Act V of 1898.)
(45) [x x x]
[Omitted vide item No.(iv) of Part 1 of the Fourth Schedule of the Rajasthan Adaptation of Laws (On State and Concurrent Subjects) Order 1956 published in the Rajasthan Gazette, Part IV- C Extraordinary dated the 1st November, 1956.]
(46) "Month" shall mean a reckoned according to the British calendar;
(47) "movable property" shall mean property of every description, except immovable property;
(48) "notification" or "public notification" shall mean a notification published under proper authority in the Gazette.
(49) "oath" shall include affirmation and declaration in the case of person by law allowed to affirm of declare instead of swearing.
(50) "offence" shall mean any act or omission made punishable by any law for the time being in force;
(51) "Ordinance" shall mean and include
(a) as respects any period before the commencement of the
(i) an Ordinance lawfully made and promulgated by the Ruler or the Government of a Covenanting State;
(ii) an Ordinance made and promulgated by the Rajpramukh of the former Rajasthan State in pursuance of the Covenant;
(iii) an Ordinance likewise made and promulgated by the Rajpramukh of the former Matsya State; and
(iv) an Ordinance likewise made and promulgated by the Rajpramukh of Rajasthan; and
(b) [ as respects the period after such commencement, an Ordinance made and promulgated under and in accordance with the provisions of the Constitution
[Substituted item No. (viii) of section 7 of Rajasthan Act No. 45 of 1957, published in Rajasthan Gazette, Part IV-A, Extraordinary dated 24-12-1957.]
(i) by the Rajpramukh upto the 31st day of October, 1956, or
(ii) by the Governor on or after the first day of November 1956;]
(52) "Parliament" shall mean the Parliament of India;
(53) "Part" shall mean a part of the enactment in which the word occurs;
(54) [X X X]
[Omitted by item No.(ix) of section 7-ibid.]
(55) [X X X]
[Omitted by item No.(ix) of section 7-ibid.]
(56) [X X X]
[Omitted by item No.(ix) of section 7-ibid.]
(57) "person" shall include any company or association or body of individuals, whether incorporated or not;
(57A)
[ "Pre-reorganisation State of Rajasthan" shall mean the State of Rajasthan as it existed in pursuance of the covenant or under the Constitution before the first day of November, 1956;]
[Inserted by item No.(x) of section 7 of Rajasthan Act No.45 of 1957, published in Rajasthan Gazette, Extraordinary, Part IV- A, dated 24-12-1957.]
(58) "Prescribed" shall mean prescribed by rules made under an enactment;
(59) "Province" shall mean a Presidency or a Province of British India or of the Dominion of India;
(60) "Provincial Act" or "Provincial Law" shall mean an Act or law duly made by the Legislature or other competent authority of a Province;
(61) "Provincial Government" shall mean as respects anything done before the commencement of the Constitution the authority or person authorised at the relevant date to administer executive Government in the Province in question;
(62) "Rajasthan" shall mean -
[(i) as respects the period before the first day of November, 1956, the pre-reorganisation State of Rajasthan, and
(ii) as respects the period on and from the said day, the new State of Rajasthan as formed by section 10 of the States Reorganisation Act, 1956 (Central Act 37 of 1956), but shall not include the former Rajasthan State;]
(63) "Rajasthan law" shall include -
(i) as respects the period prior to the 7th day of April, 1949
(a) any law made by the Ruler or a competent Legislature or other competent authority or officer of a covenanting State, or
(b) an Ordinance made and promulgated by the Rajpramukh of the former Rajasthan State or of the former Matsya State in Pursuance of the Covenant;
(ii) as respects the period on and from the 7th day of April , 1949, and ending with the 17th day of March, 1952
(a) an Ordinance made and promulgated by the Rajpramukh in pursuance of the Covenant, or
(b) an Act made in the exercise of the power conferred by article 385 of the Constitution by the Rajpramukh;
(iii) as respects the period on and from the 18th day of March, 1952 to the 31st day of October, 1956
(a) an Ordinance made and promulgated by the Rajpramukh under article 213, read with article 238, of the Constitution, or
(b) an Act passed by the State Legislative Assembly and assented to by the Rajpramukh or the President of India, as the case may require; and
(iv) as respects any later period
(a) an Ordinance made and promulgate under and in accordance with the provisions of the Constitution by the Governor, or
(b) an Act passed by the State Legislative Assembly and assented to by the Governor or the President of India, as the case may require;
(64) "Rajasthan State Legislature" or "State Legislature" shall mean
(i) as respects the period ending with the 17th day of March, 1952, the Rajpramukh acting under the convenant or under article 385 of the Constitution;
(ii) as from the said day till the 31st day of October, 1956, the Rajpramukh and the State Legislative Assembly; and
(iii) as respects any later period, the Governor and the State Legislative Assembly;]
(65) ["Raj pramukh" shall, as respects any period before the 1st day of November, 1956, mean the person who is for the time being the Rajpramukh of Rajasthan;]
[Substituted vide item No.(v) of Part 1 of the Forth Schedule of the Rajasthan Adaptation of Laws (on State and Concurrent Subjects) Order, 1956, published in the Rajasthan Gazette, Part 1V-C. Extraordinary, dated the 1st November 1956.]
(66) "registered" used with reference to a document shall mean registered in India under the law for the time being in force for the registration of document.
(67) "regulation" shall mean a regulation made in exercise of a power conferred by any enactment and shall include a non- statutory or other independent regulation having for the time being the force of law;
(68) "rule" shall mean a rule made in exercise of a power conferred by any enactment and shall include a non-statutory or other independent rule having for the time being the force of law;
(69) "Rule" in relation to an Indian State shall mean the Prince, Chief or other person by whom any such Covenant or agreement as is referred to in clause (1) of Article 291 of the Constitution was entered into and who for the time being is recognised by the President as the Ruler of the State, and includes any person who for the time being is recognised by the President as the successor of such Ruler;
(70) "Schedule" shall mean a Schedule to the enactment in which the word occurs;
(71) "Section" shall mean a section of the enactment in which the word occurs;
(72) "Sign" with its grammatical variations and cognate expressions shall with reference to a person who is unable to write his name include "mark", with its grammatical variations and cognate expressions;
(73) "Sirohi" or "Sirohi State" shall mean such territories of the former Indian State of Sirohi as have not been merged in the State of Bombay under the States Merger (Bombay) Order, 1950 made by the Governor General of India in exercise of the power conferred by section 290-A of the Government of India Act, 1935, and the administration whereof, having been delegated to the Government of Rajasthan by means of notification No. 20/P dated 24th day of January, 1950, issued by the Central Government in the Ministry of States in exercise of the power conferred on it by sub-section (2) of section 3 of the Extra Provincial Jurisdiction Act, 1947 of the Central legislature and of all other powers enabling it in that behalf, was taken over and assumed by the Government of Rajasthan in the afternoon of the 25th day of January, 1950;
(74) "son", in the case of any one whose personal law permits adoption, shall include adopted son;
(74A)
[ "State", used with reference to Rajasthan, shall mean the new State of Rajasthan as formed by section 10 of the States Reorganisation Act, 1956 (Central Act 37 of 1956);]
[Inserted by item No.(xii) of section 7 of Rajasthan Act No. 45 of 1957, Published in Rajasthan Gazette, Extra-ordinary, Part IV-A, dated 24-12-1957.]
(75) "State Government" shall mean, in relation to anything done or to be done,-
[(i) on and from the commencement of the Constitution until the first day of November, 1956, the Rajpramukh; and
(ii) on and from the first day of November, 1956 the Governor;]
(76) "State grant" shall mean a grant of land or of any interest therein made by the Ruler or the Government of a covenanting State or recognised as having been so made, and shall include every such grant by whatsoever name designated;
(77) "State grantee" shall mean the holder for the time being of a State grant;
(78) "sub-section" shall mean a sub-section of the section in which the word OMITS;
(78A)
[ "Sunel area" shall mean the territory comprised in the Sunel tappa of Bhanpura tehsil of Mandsaur district in the State of Madhya Bhart as it existed immediately before the first day of November, 1956]
[Inserted vide item No.(vii) of Part I of the Fourth Schedule of the Rajasthan Adaptation of laws (on State and Concurrent Subjects) Order. 1956, published in Rajasthan Gazette, Part IV-C, Extraordinary, dated 1-11-1956 and subsequently substituted by item (xiv) of section 7 of Rajasthan Act No.45 of 1957 published in Rajasthan Gazette Extraordinary, Part IV-A, dated 24-12-1957.]
;
(79) "Swear" with its grammatical variations and cognate expressions shall include affirming and declaring in the case of persons by law allowed to affirm or declare instead of swearing;
(80) "Thikana" shall mean a State grant recognised as a Thikana;
(81) [x x]
[Inserted by item No.(xii) of section 7 of Rajasthan Act No. 45 of 1957, Published in Rajasthan Gazette, Extra-ordinary, Part IV-A, dated 24-12-1957.]
(82) "Vessel" shall include any boat or other description of vessel used in navigation;
(83) "will" shall include a codicil and every writing making a voluntary posthumous disposition of property;
(84) "expressions" referring to 'writing' shall be construed as including reference to painting, lithography, engraving, printing and other modes of representing or reproducing words in a visible form;
(85) "Year" shall mean a year reckoned according to the British calender.
(2) In the laws of each covenanting State for the time being in force, any reference to the ruler or the Government thereof shall, as from the date on which the Rajpramukh has taken over the administration of such State, be, construed as a reference to the Rajpramukh or, as the case may be, to the Government of Rajasthan.
Provided that Such reference to the Ruler or Government of a conventing State shall be construed as from the first day of Nov.,1956, as a reference respectively to the Governor or the State of Government.
[Substituted by item No.(xiii) of section 7- ibid.]
[Substituted by item No.(xi) of section 7-Mid]
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65b96b98ab84c7eca86e910f | acts |
State of Bihar - Act
----------------------
THE BIHAR MUNICIPAL (AMENDMENT) ACT, 2020
-------------------------------------------
BIHAR
India
THE BIHAR MUNICIPAL (AMENDMENT) ACT, 2020
===========================================
Act 13 of 2020
----------------
* Published in Bihar Gazette on 10 August 2020
* Commenced on 10 August 2020
AN
ACT
TO AMEND THE BIHAR MUNICIPAL ACT, 2007 ( ACT 11, 2007)
Be it enacted by the legislature of the state of Bihar in the seventy first year of the Republic of India as follows:-
### 1. Short title, extent and commencement.—
(1) This Act may be called the Bihar Municipal (Amendment) Act, 2020.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force from the date of its publication in the official gazette.
### 2. Amendment of Section-3 of Bihar Act 11, 2007.—
(i) Second proviso of sub section (1) of section 3 of the said Act shall be substituted by following:-
"Provided further that the total population of main cultivator workers and marginal cultivator workers shall be below fifty percent of total population of workers in such area in all cases."
### 3. Amendment of Section-50 of Bihar Act 11, 2007.—
(i) In sub-section (1) of section 50 of the said Act the number "2/5" shall be substituted by the number "1/3".
### 4. Amendment of Section-67 of Bihar Act 11, 2007.—
(i) After first proviso of section 67 of the said Act the second proviso shall be inserted by following:-
"Provided that it shall be lawful for the State Government in the larger public interest to issue such direction to the Municipal Authorities as may be deemed fit and proper, and the Muncipal Authorities will be expected to follow such direction."
### 5. Amendment of Section-145 of Bihar Act 11, 2007.—
(i) Sub section (1) of Section 145 of the said Act shall be substituted by following:-
"(1) No person shall not erect, exhibit, fix or retain upon or over any land, building, wall, hoarding, frame post, kiosk, structure, vehicle, neon-sign of sky-sign, any advertisement or display any advertisement to public view in any manner whatsoever (including any advertisement exhibited by means of cinematograph), visible from a public street of public place, in any place within the Municipal area without permission, in writing, of the Chief Municipal Officer.
Provided that during Lok Sabha Elections and Legislative Assembly elections, written permission of the Chief Municipal Officer will not be necessary for the advertisement published for election campaign by political parties and candidates.
Provided further that during Lok Sabha Elections and Legislative Assembly elections, advertisement will be displayed by the Political Parties and candidates under the provisions of Representation of the People Act, 1951.
### 6. Repeal and Savings.—
(1) The Bihar Municipal (Amendment) Ordinance, 2020 (Bihar Ordinance No. 02, 2020) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in exercise of any power conferred by, or under the said ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act inforce on the day on which such thing was done or action taken.
By Order of the Governor of Bihar,
P.C. Choudhary,
Secretary to the Government.
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65ba8e41ab84c7eca86ec0c5 | acts |
Union of India - Act
----------------------
The Elephants Preservation Act, 1879
--------------------------------------
UNION OF INDIA
India
The Elephants Preservation Act, 1879
======================================
Act 6 of 1879
---------------
* Published on 22 March 1879
* Commenced on 22 March 1879
The Elephants Preservation Act, 1879
(6 OF 1879)
### 9. /501
Statement of Objects and Reasons.-The slaughter of wild elephants, chiefly of males, whose tusks have reached a marketable size, but in some localities of both males and females, is being extensively practised in British Burma. To prevent this wholesale and indiscriminate destruction-which, if unchecked, must ultimately lead to the extinction of the breed,-the present Bill has been framed.
The provisions of this Bill are very similar to those of Madras Act 1 of 1873, from which it differs more in form and arrangement than in substance. In common with the Madras Act, it prohibits under penalty, the destruction of wild elephants, except in certain cases, and it provides for the grant of licenses for shooting wild male elephants upon waste or forest lands the property of Government, and for the making of rules as to the grant and renewal of such licenses.
It differs, however, from the Madras Act in omitting the provision of that Act permitting the destruction of wild male elephants upon private waste or forest lands, as there are no private proprietors of forest land in British Burma, and where waste lands have been granted there are no elephants.
[22nd March, 1879]
An Act for the preservation of wild elephants.
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| --- |
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This Act has been declared to be in force in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936).
It has been amended in its application to Bengal by the Elephants' Preservation (Bengal Amendment) Act, 1932 (Ben. 5 of 1932), and in its application to the district of Sambalpur and Agency tracts of Ganjam and Koraput by the Elephants' Preservation (Amendment) Regulation, 1938 (Orissa Regn. 1 of 1938) and Assam by Assam Act 14 of 1959.
The Act has been extended to the NEFA Area with modifications by Regn. 1 of 1962.
|
### 1. Short title .-This Act may be called The Elephants' Preservation Act, 1879.
Local extent .-It extends to the territories now respectively administered by the Lieutenant-Governor of the North-Western Provinces and the Chief Commissioners of Oudh, the Central Provinces, [\* \* \*] and Coorg; and the [State Government]
[ Substituted by the Adaptation of Laws (No. 2) Order, 1956, for Government of Part A State C State" .]
may [\* \* \*]
[ The words " with the previous sanction of the G.G. in C." repealed by Act 38 of 1920, Section 2 and Sch. I.]
extend it to any other local [area] [[ The Act has been extended to the following paces, namely:-
" Kila Sulkinah, in Cuttack, see Calcutta Gazette, 1882, Pt. I, p. 278; the District of Midnapur, see Ben. R. and O;
the district of Kamrup, Darrang Naugong, Sibsagar, Lakhimpur, Cachar, the Naga Hills and the Khasi and Jaintia Hiils, see Assam Gazette 1880, p. 340;
the Garo Hills (with the exception of certain portions of the estates of the zamindar of Bijni), see Assam Gazette, 1899, Pt. II, p. 431;
the Eastern Duars in the District of Goalpara, see Assam Gazette, 1883, Pt. I, p. 2; the Mekoke; hand Sub-division of the Naga Hills District, see Notification No. 168-J-printed Assam Gazette, 1891, Pt. II, p. 36; the Lushai Hills see Gazette of India, 1898, Pt. II, p. 345, Notification No. 923-P, dated 4.4.1898.]] [which, immediately before the 1st of November, 1956, was not comprised in a Part B State]
[ Inserted by the Adaptation of Laws (No. 2) Order, 1956.]
by notification in the Official Gazette.
Commencement .-So far as regards the power to make declarations and rules, it shall come into force on the passing thereof. In other respects it shall come into force on the first day of April, 1879.
### 2. Repeal .-[ Repealed by the Repealing and Amending Act, 1930 (8 of 1930), section 3 and Schedule II ].
### 3. Killing and capture of wild elephants prohibited .-No person shall kill, injure or capture, or attempt to kill, injure or capture, any wild elephant unless--
(a) in defence of himself or some other person;
(b) when such elephant is found injuring houses or cultivation, or upon, or in the immediate vicinity of, any main public road or any railway or canal; or
(c) as permitted by a license under this Act.
### 4. [ Rights of Government with respect to certain elephants and tusks
.--Every wild elephant captured and the tusks of every wild elephant killed, by any person not licensed under this Act, shall be the property of Government.]
### 5. License to kill and capture wild elephants .-The Collector or Deputy Commissioner of any district may, subject to such rules as may for the time being be in force under this Act, grant licenses to kill, or to capture or to kill and capture wild elephants in such district:
Provided that no such license shall authorise any person to enter upon any land without the consent of the owner or occupier thereof.
### 6. Power of State Government to declare what are main roads and canals, and to make rules as to licenses .-The State Government may from time to time [\* \* \*] declare what shall be deemed to be main public roads and canals within the meaning of this Act, and make rules consistent with this Act for regulating--
(a) the grant and renewal of licenses under this Act;
(b) the fees (if any) in money, tusks or captured elephants to be charged on such grant and renewal;
(c) the time during which such licenses shall continue in force; and
(d) the conditions (if any) on which they shall be granted.
All such declarations and rules shall be published in the Official Gazette and shall thereupon have the force of law.
### 7. Penalty for contravening section 3.-Whoever, in contravention of section 3, kills, injures or captures, or attempts to kill, injure or capture, any wild elephant, shall be punished with fine which may extend to five hundred rupees for each elephant concerned;
and whoever breaks any condition contained in a license granted under this Act shall be punished with fine which may extend to five hundred rupees.
Any person convicted of a second offence under this section shall be punished with imprisonment which may extend to six months, or with fine, or with both.
When any person holding a license under this Act is convicted under this section, such license shall become void and shall be delivered up to the convicting Magistrate.
### 8. License to be produced and shown on requisition of certain officers .--Any officer of Revenue or Police, or any forest officer, who may find any person killing, injuring or attempting to kill, injure or capture, any wild elephant, except in the cases mentioned in section 3, clauses (a) and (b), may require him to produce and show a license granted to him under this Act.
Any person who, on such request, wilfully refuses or is unable to produce and show such license as aforesaid, shall, in addition to any other punishment to which he may be liable under this Act, be punished with fine which may extend to one hundred rupees.
### 9. Limitation of prosecution .-Every prosecution under this Act shall be commenced within six months from the commission of the offence in respect of which it is instituted. ###
10.
Recovery of fees .-The amount or value of any fee payable under any license granted under this Act may be recovered from the licensee as if it was an arrear of land revenue.
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65ba696eab84c7eca86eb2ed | acts |
State of Tamilnadu- Act
-------------------------
Notice for enforcement of service or Charity Rules
----------------------------------------------------
TAMILNADU
India
Notice for enforcement of service or Charity Rules
====================================================
Act 581 of 1960
-----------------
* Published on 5 November 1960
* Commenced on 5 November 1960
Notice for enforcement of service or Charity Rules
Published vide Notification No. G. O. MS. NO. 4524, Revenue, dated 5th November, 1960 -SRO No. 581 of 1960
Original rules published in Part V, Page 521 of the Fort St. George Gazette, dated 23rd November, 1960.
G. O. MS. NO. 4524, Revenue, dated the 5th November, 1960 - SRO No. 581 of 1960. - In exercise of the powers conferred under sub-sections (1) and (2) of section 38 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act
22 of 1959
), the Governor of Tamil Nadu hereby makes the following Rules, namely:-
### 1. These Rules may be called the Notice for Enforcement of Service or Charity Rules.
### 2. Notice of the application under section 38(1) and (2) shall be sent by registered post, acknowledgement due, to the person in possession of the property on which the endowment is a charge or the person responsible in law for the performance of the service or charity, as the case may be. If the Commissioner, [Joint Commissioner or the Deputy Commissioner, as the case may be]
[Substituted by G O. Ms. No. 200, C. T. & R. E., dated the 30th May 1996.]
, is satisfied that the person to whom a notice is sent willfully absents himself from his residence or refuses to receive the notice, he may order that the notice shall be affixed on the front door or other conspicuous place in his usual place of residence. If the person has changed his residence, the notice shall be sent to the changed address, if it is known, or a copy of the notice shall be affixed on the front door, or other conspicuous place of the last known residence. On such affixture, he may declare that there has been sufficient service.
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65b969d2ab84c7eca86e90d3 | acts |
State of Bihar - Act
----------------------
The Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951
---------------------------------------------------------------------------------------------------------
BIHAR
India
The Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951
=========================================================================================================
Rule THE-BIHAR-CIVIL-SERVICE-EXECUTIVE-BRANCH-AND-THE-BIHAR-JUNIOR-CIVIL-SERVICE-RECRUITMENT-RULES-1951 of 1951
-----------------------------------------------------------------------------------------------------------------
* Published on 17 November 1995
* Commenced on 17 November 1995
The Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951
Published vide Notification No. G.S.R. 28, dated the 17th November, 1995 (Published in Bihar Gazette (Extraordinary) dated 17.11.95)
[G.S.R. 28, dated the 17th November, 1995 [Published in Bihar Gazette (Extraordinary) dated 17.11.95]. - In exercise of the powers conferred by Proviso to Article 309 of the Constitution of India, the Governor of Bihar is pleased to make the following amendment in the Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951, which shall deem to have come into force with effect from 23rd January, 1992.]
Part I
--------
### 1. (a) Short title and commencement.
- These rules may be called the Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service (Recruitment) Rules, 1951, and shall take effect from the date of this notification.
(b) Definitions. - In these rules, unless there is anything repugnant in the subject or context-
(i) "Commission" means the Bihar Public Service Commission;
(ii) "Government" means the Government of Bihar;
(iii) "Governor" means the Governor of Bihar;
(iv) "Scheduled Castes" means the castes specified in Part II of the Constitution (Scheduled Castes) Order, 1950; and
(v) "Scheduled Tribes" means the tribes specified in Part II of the Constitution (Scheduled Tribes) Order, 1950.
### 2. The Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service shall be recruited -
(a) by direct recruitment in accordance with the rules in Part II and/or
(b) by direct recruitment in accordance with the rules in Part II-A and/or
(c) by promotion or transfer of officers already in Government service in accordance with the rules in Part III.
### 3. The Governor shall decide in each year the number of vacancies in each of the services to be filled in that year by direct recruitment and/or by promotion respectively:
Provided that the number of vacancies to be filled by promotion in the Bihar Civil Service (Executive Branch) in any one year shall not, unless the Governor is satisfied that there is not a sufficient number of officers fit for promotion, be less than half the total number of vacancies to be filled in any such year.
Part II – Direct Recruitment by Competitive Examination
---------------------------------------------------------
### 4. The Commission shall announce in each year in such manner as they think fit, the number of vacancies in each service to be filled by direct appointment on the result of a competitive examination and shall invite applications, from candidates eligible for appointment under Rules 6 and 7. The competitive examination will be conducted by the Commission and will normally be held between the months of November and February unless otherwise notified.
### 5. The Commission fix a limit in any particular year as to the number of eligible candidates to be admitted to the examination and if the number of candidates exceeds the limit fixed, the Commission may make a preliminary selection of candidates to be admitted in the written examination on the basis of preliminary examination." [G.S.R. 28, dated the 17th November, 1995 [Published in Bihar Gazette (extra-Ordinary) dated 17.11.95].
### 6. (1) A candidate may either be a male or female, and-
(a) be under 25 years and over 22 years of age on the 1st day of August last preceding the month in which the examination is held :
Provided that-
(i) in the case of candidates belonging to the Scheduled Castes or the Scheduled Tribes, the upper age-limit shall be under 30 years :
(ii) in the case of candidates who are bona fide displaced persons from Pakistan, there shall be no upper age-limit, and [but no candidate shall be allowed to avail, in consecutive year, only of the same number of chances to appear at the examination as permissible to candidates to whom the normal age-limits apply"]
[Added by Notification No. A-32104 dated 21.3.1957.]
and
(iii) in the case of "Political Sufferes" the upper age-limit shall be extended up to a maximum period of five years :
[Provided also that no candidate who does not belong to a Scheduled Caste or a Scheduled Tribe shall be allowed to take more than four chances at the examination :]
[Added by Notification No. A-2-206/59. T44 dated 18.11.1959.]
[Provided also that, for the first examination to be held after 1st August, 1959, a candidate belonging to Scheduled Castes or Scheduled Tribes must be under 36 years of age on that date and any other candidate must be under 31 years of age on that date.]
[Added by Notification No. A-2-206/59. T44 dated 18.11.1959.]
Note. - (1) For a list of the Scheduled Castes and Scheduled Tribes in Bihar, see Appendix A to these rules.
(2) For persons falling under the category of "Political Sufferers", see Appendix-B to these rules.
(b) [ must hold a degree in Arts, Science, Commerce, Agriculture, Engineering, Medicine or Veterinary Science of any statutory university or possess other qualifications which the Governor may declare from time to time as equivalent to the said degrees.]
[Substituted by G.S.R. 99 dated 16-9-1972.]
[Note.
[Substituted by No. III/PSC-5018/59-A-9452, dated 9.7.1960.]
- Persons who hold posts in Government service in a temporary or officiating capacity or on probation are eligible to offer themselves for the examination provided they possess the educational and other equal qualifications, prescribed in the rule. Persons holding Non-Gazetted posts substantively, whether technical or non-technical, are also eligible to offer themselves for the examination provided they possess the requisite qualifications.This concession, will not, however apply to such technical persons who have been trained at the expense of Government or those who are by contract bound to serve in a technical post for a specific period.
Applications for Government servants who are eligible under the rules should be submitted through the authority empowered to forward the application under the Bihar Government Servant's Applications or Posts Rules, 1956-"]
(2) [ A non-gazetted non-technical Government servant ora temporary nontechnical Gazetted officer appointed against a permanent or temporary post under the Government shall be eligible to appear in the examination if he/she possesses the requisite qualification, has rendered at least three years of continuous service under the State Government and is under 35 years of age (under 40 years of age in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes), on the first day of August, last preceding the month in which the examination is held. Such a Government servant may submit his/her application in the prescribed form and in the manner prescribed in the rules through the Head of his/her Department to the Secretary to the Commission but he/she shall not be entitled to sit at more than three Examinations. Such a Government servant can, however, send an advance copy of his/her application direct, to the Commission. The Commission may, at the time of interviewing such a candidate call for his/her service records. If such a candidate is actually appointed to the Bihar Civil Service (Executive Branch) or to the Bihar Junior Civil Service, his/her previous service under the Government shall not be taken into account for the purposes of determining his/her seniority in the new cadre.]
[Added by Notification No. III/ARI-401T/60-A/14218, dated 30-10-1961.]
Explanation. - The term 'technical' has been used in its ordinary etymological sense and in case of any doubt, a reference should be made to the Government in the Appointment Department for clarification.
Note. - (1) The three chances for which a candidate is eligible under this sub-rule shall be in addition to those which he/she can avail of before attaining the age of 25 years (30 years in case of Scheduled Castes and Scheduled Tribes.)
(2) The Head of Department concerned shall make a note of forwarding such applications in the Service Book of the Government servant concerned and may also call upon the Government servant to submit a declaration of the number of chances which he/she has availed after attaining the age of 25 years (30 years in case of Scheduled Castes and Scheduled Tribes),
### 6A. [
[Added by Notification No. IM/1022/55/1568-A.R., dated 8.8.1955.]
(i) No male candidate shall be eligible for appointment if he had married before attaining the age of [22 years] : Provided that this restriction shall not apply to persons who had married on or before the 31st July, 1955.
(ii) After appointment a person shall not marry until he reaches the age of [22 years]
[Substituted for 23 years by Notification No. A2-406/59-44, dated 18.11.1959.]
, except with the permission of Government, and if he marries before the age of [22 years]
[Substituted for 23 years by Notification No. A2-406/59-44, dated 18.11.1959.]
without such permission, his service may be terminated.]
### 7. (a) A candidate must be of sound health, good physique and active habits and free from any physical defect likely to interfere with the efficient performance of the duties of a member of the Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service. A candidate who is found after examination by a Medical Board not to satisfy these requirements will not be selected for appointment.
(b) A candidate must satisfy the Public Service Commission that his character is such as to qualify him for employment in the service.
### 8. A candidate shall apply to be admitted to the examination in his own hand writing in the prescribed form to the Secretary to the Public Service Commission, not later than such date as may be notified by the Commission in this behalf in each year. The prescribed form and a copy of these rules are obtainable from the Secretary to the Public Service Commission.
### 9. With his application a candidate must submit-
(i) evidence that he holds one of the educational qualifications referred to in rule 6 (b);
(ii) certificate of character and conduct from the heads of all the colleges at which he has studied since he passed the Matriculation examination;
(iii) the name of two persons, as reference, who know him in private life and are not his near relatives. A candidate must not file written testimonials of such persons and the reference furnished by him should not include College Professors or Principals unless they know the candidate at home;
(iv) a certificate from any Registered Medical practitioner in the prescribed form which may be obtained from the Secretary to the Commission;
(v) evidence of age, which should ordinarily be a copy of the Matriculation Certificate or its equivalent;
(vi) if he claims to be domiciled in the State, a certificate of domicile granted by the District Officer of the District in which he claims to be domiciled. -
Note. - The certificate and other documents required should be true copies of the originals bearing on each certificate a certificate from a Gazetted Officer stating that he has seen the original and the copy is a true copy. The candidates may be required to produce the original certificates before the Commission at the time of the viva voce test.
Supplementary Instructions
The age of a candidate as recorded in his Matriculation Certificate will be regarded as correct unless there is proof to the contrary. If a candidate will claim that his age is other than as so recorded, he must submit with his application the evidence on which he bases his claim. In such a case, he will be required to furnish, among other evidence satisfactory explanation, of the circumstances in which a wrong age was recorded on his form of application for permission to appear at the Matriculation Examination. He will also be required to submit a statement of any attempts made by him to have the University records amended and of the results of such attempts.
### 10. Except under the special orders of Government, preference will be given to a candidate who is either a native of the State or a subject of the Indian Union domiciled in the State.
A - To the Bihar Public Service Commission
### 11. [
[Substituted by Notification No. A-3335 dated the 25.3.1957.]
A consolidated examination fee of Rs. 13.75 (in case of candidates belonging to Scheduled Castes and the Scheduled Tribes) when they first submit their application:]
Provided that Commission may, at their discretion, remit the prescribed fee in cases of bona fide displaced persons from Pakistan who are not in a position to pay the prescribed fee.
B - To the Medical Board
Rs. 16 (Rupees sixteen) only in cash at the time of examination by a Medical Board.
Note 1. - The examination fee shall be payable by means of a Treasury challan to be obtained only from any treasury in Bihar or crossed Indian Postal Order, payable to the Secretary, Bihar Public Service Commission.The fee paid by means of treasury challan should be credited to the Head [XXI]
[See now new head.]
- Miscellaneous Departments-Examination Fees realised by the Bihar Public Service Commission". The fee must not be sent by cheque on banks or in cash.
### 12. (1) No candidate will be admitted to the examination unless he/she holds a certificate of admission from the Commission.
(2) Candidates must see that they are eligible and must decide definitely to apply before depositing the fees in the treasury. In order to prevent disappointment, candidates are advised to have themselves examined by a Government medical officer of and above the rank of a Civil Assistant Surgeon before applying for admission to the examination. No claim for refund of any of this fees will ordinarily be entertained except to the extent stated in Appendix C nor can they be held in reserve for any other examination or selection.
### 13. Notwithstanding anything contained in the foregoing provisions of these rules, the Commission may require a candidate to furnish any such additional proof on any point as to his/her suitability as the Commission may deem necessary.
### 14. Subject to the provision of these rules, the decision of the Commission as to the eligibility or otherwise for admission to the examination shall be final.
### 15. The examination shall be held according to the syllabus specified in Appendix D to these rules which are liable to alteration from time to time by the Commission with the prior approval of the State Government.
### 15A. [
[Added by Notification No. 3335 dated 25.3.1957.]
If any candidate is found guilty of-
(i) resorting to any irregular or improper means for obtaining admission to the examination; or
(ii) impersonating another candidate or being impersonated by any person at the written or viva voice examination ; or
(iii) submitting fabricated document or documents which have been tampered with; or
(iv) making statements which are incorrect or false, or suppressing material information;
(v) communicating with any person for the purpose of getting help or for aiding any other candidate; or
(vi) using any other unfair means in the examination hall; or
(vii) unruly behaviour in the examination hall or violating any instruction issued by the Commission;
he may be expelled from the examination hall by the Commission by any person authorised by them in this behalf. In such cases, the Commission may also invalidate his answer book or deduct such marks as they consider fit and in addition to rendering himself liable to criminal prosecution, the candidate may be debarred either permanently or for a specified period-
(a) by the Commission from admission to any examination or appearance at any interview held by the Commission for selection of candidates; and
(b) by the State Government from employment under Government.]
### 16. [
[Substituted by Notification No. 3335 dated 25.3.1957.]
(a) The Commission shall have discretion to fix the qualifying marks in any or all the subjects at the written examination.
(b) The minimum qualifying marks for candidates belonging to the Scheduled Castes and the Scheduled Tribes shall not be higher than 35% for the Bihar Civil Service (Executive Branch), and 30% for the Bihar Junior Civil Service unless the number of such candidates qualifying at the written test according to the standards applied for other candidates is considerably in excess of the number of candidates required to fill all the vacancies reserved for the Scheduled Castes and Scheduled Tribes:
Provided that in determining the suitability of a particular candidate for appointment, the total marks obtained at the written examination and not the marks obtained in any particular subject shall be taken into consideration.
(c) There shall be no qualifying marks for the viva voce test.]
### 17. On the basis of the marks obtained at the written examination, the Commission shall arrange for a viva voce test of the candidates who have qualified at the written examination according to Rule 16 (a) or (b):
Provided that in exceptional circumstances and with the prior approval of Government, the Commission may, at their discretion, admit candidates of the Scheduled Castes and Scheduled Tribes to the viva voce test even though they may not have obtained the minimum qualifying marks at the written test prescribed in Clause (a) or (b) of Rule 16.
### 18. The marks obtained at the viva voce test shall be added to the marks obtained at the written examination.The names of candidates will then be arranged by the Commission in order of merit. From the list of candidates so arranged, the Commission shall nominate such number of candidates for each service as may have been fixed by the Governor. This list shall be submitted to the Governor by such date in each year as the Governor may fix.
### 19. The Commission shall, while submitting their recommendations under Rule 18 consider the claims of qualified candidates belonging to the Scheduled Castes and the Scheduled Tribes. If the list of nominees submitted under Rule 18 does not contain an adequate number of candidates belonging to the Scheduled Castes and the Scheduled Tribes who may be appointed to the vacancies reserved for them in these services, the Commission shall submit a supplementary list nominating a sufficient number of such candidates as in their opinion attain the required standard of qualifications and are in all respects suitable for appointment.
### 20. The Commission reserve the right to recommend a successful candidate for any of the services for which he is considered suitable. Success at the examinations confers no right for appointment unless Government is satisfied after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the public service.
### 21. Candidates selected for written or viva voce test will present themselves at their own expense at a time and place of which they will be informed in due course.
### 22. A consolidated result of the examination will be prepared by the Commission and a copy of the marks obtained both at the written and the viva voce tests may be supplied immediately to each candidate, soon after the results are compiled and the list referred to in Rule 18 is submitted to the Governor.
Part II – A Direct Recruitment of Persons with Zamindari Experience
---------------------------------------------------------------------
### 22A. The Commission shall announce in such a manner as they think fit the number of vacancies in each service to be filled by direct recruitment in accordance with the rules in this Part, and shall invite applications from candidates eligible for appointment under this rule.
### 22B. A candidate may either be a male or a female and must-
(a) be under 40 years and over 25 years of age on the 1st day of August last preceding the month in which applications are invited ;
(b) possess the educational qualifications laid down in Rule 6 (6) of Part II;
(c) possess at least six years' experience of managing a zamindari or tenure.
### 22C. Rules 7 and 21 in Part II shall apply also to candidates eligible under this part.
### 22D. Applications from candidates eligible under this Part shall be sent so as to reach the Commission not later than such date as may be prescribed by the Commission in this behalf. Applications shall be sent direct to the Commission but each candidate shall furnish to the Collector of his district a copy of the application submitted by him to the Commission.
### 22E. (1) With his application a candidate must remit to the Commission a sum of Rs. 50 (Rupees fifty) only as application fee :
Provided that candidates belonging to the Scheduled Castes and the Scheduled Tribes shall be required to remit a sum of Rs. 12.50 paise (Rupees twelve and fifty paise) only.
(2) Out of the fee remitted to the Commission under sub-rule (1) a sum of Rs. 45 (Rupees forty-five) only or in the case of candidates belonging to the Scheduled Castes and the Scheduled Tribes, a sum of Rs. 11.25 paise (Rupees eleven and twenty-five paise) only, shall be refunded by the Commission if after an enquiry by the Collector of his District or by the Commission, the candidate is found to be eligible to apply under part, but not otherwise.
### 22F. The Commission shall hold a written test consisting of one paper of 300 marks on general knowledge, method and power of expression (either in English or in Hindi) and knowledge of zamindari affairs.The Commission shall also hold a viva voce test which shall carry a maximum of 200 marks. Both the written test and the viva voce test shall be designed to test not the candidates' academic knowledge, but his understanding of Zamindari affairs and his aptitude for the kind of work that an Anchal Adhikari-cum-block Development Officer would be required to do.
### 22G. The maximum qualifying marks for the written test shall be as follows:-
| | | |
| --- | --- | --- |
|
|
For candidates belonging to the Scheduled Castes and the
Scheduled Tribes.
|
For other candidates.
|
|
Bihar Civil Service (Executive Branch)
|
40 per cent:
|
45 per cent,
|
|
Junior Civil Service ...
|
35 per cent:
|
40 per cent.
|
There shall be no qualifying marks for the viva voce test.
### 22H. After holding the written test, viva voce test, the Commission shall submit their recommendations to the Governor, arranging the names of candidates considered suitable by them for each service in order of merit.
Part III
----------
Promotion of Officers already in Government Service
### 23. (a) The Chief Secretary to the State Government shall in each year communicate to the Board of Revenue the number of vacancies in the Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service that may be fixed by the Governor to be filled up from officers already in Government Service. The Board of Revenue shall consult the Commissioners of Divisions. After the Commissioners of Divisions have sent up their recommendations to the Board of Revenue for promotion to the Bihar Civil Service (Executive Branch) and the Bihar Junior Civil Service, these recommendations along with any others which the Board may have received shall be considered by a Selection Committee consisting of the Member, Board of Revenue, as President and the Additional Member, Board of Revenue, if there be one, the Food Production and Development Commissioner, if there be one and all the Commissioners of Divisions, as Members. The officers nominated by the Selection Committee shall be arranged in order of preference : Provided that where more than one officer is nominated for promotion from the same service, their names shall be arranged in order of their position inter se in the service to which they belong.
(b) The Board of Revenue shall send all papers relating to the candidates nominated by the Selection Committee direct to the Commission and shall at the same time submit a list of such candidates to the Governor.
Note. - Persons who hold posts in Government service either in a substantive capacity or otherwise are eligible for appointment to the Junior Civil Service by promotion or transfer in accordance with these Rules.
Supplementary Instructions
(i) The appointment to the Bihar Civil Service (Executive Branch) by promotion of any officer other than a Sub-Deputy Collector is not ordinarily desirable and no such appointments will be made save for reasons of an exceptional kind, and on the express recommendation of the Head of the Department in which the officer is serving and of the Board of Revenue.
A recommendation made by a Head of Department should be addressed to the Board and, unless supported by the Board, will not be submitted to the Public Service Commission or to Government. Applications for such appointments received otherwise than through the Board will be returned to the applicants.
(ii) No Sub-Deputy Collector is eligible for promotion unless he has passed the departmental examinations in law and language by the higher standard and in accounts [and development.]
[Added by Notification No. III/RI 40/560-A-8052 dated 10.6.1960.]
(iii) The nominees of the Board for promotion to the Bihar Junior Civil Service need not be graduates, but should be men of sufficient education to be able to pass the departmental examination and thus qualify themselves for the work of a Sub-Deputy Collector (Such officers will be eligible for promotion only if they are recommended after a personal interview both by the Board of Revenue and the Public Service Commission).
### 24. The Commission shall advise the Governor in respect of each candidate nominated whether his qualifications are sufficient and whether his record proves him to have requisite character and suitability for the service to which it is proposed to appoint him.
### 25. The final selection of officers to be promoted shall be made by the Governor after considering the recommendations made by the Commission under Rule 24.
Supplementary Instructions
Officers finally selected, under Rule 25, for promotion to the Bihar Civil Service (Executive Branch), will not, if already in permanent Government service, be required to undergo further medical examination.
General
No recommendations except those invited in the form of application will be taken into consideration. Any attempt on the part of a candidate to enlist support for his application through person of influence (or in any other manner) will disqualify him for appointment.
[Every Sub-Deputy Collector on first appointment on probation will be required to execute a bond in the form prescribed in Appendix 'E' with two good and sufficient sureties binding himself and his sureties jointly and severally to refund to Government the amounts received by him as pay and allowances during the period of probation, if during that period or within five years thereafter he voluntarily resigns or otherwise quits the service on any ground other than that of health, certified by a duly constituted Medical Board. In case of a promoted officer who holds any substantive post elsewhere, the amount of refund will be limited to extra amounts drawn by him by virtue of his appointment as a Sub-Deputy Collector.]
[Added by Notification No. A-106 dated 5.1.1957.]
### 26A. [
[Added New Rule, 26-A vide G.S.R. 9, dated 28th February, 1978, published in Bihar Gazette, of India, Extraordinary, dated March 1, 1978.]
(1) Promotion to Junior Selection Grade shall be made from amongst the officers whose names find place in the Sub-divisional Officers' list mentioned in sub-rule (2) of this Rule, in the order in which the names of officers are arranged in the said list, so however, that due representation in promotion to Junior Selection Grade is accorded to the officers belonging to Scheduled Castes and Scheduled Tribes in accordance with the reservation rules in force.
(2) (i)
A list of officers fit to hold charge of a sub-division shall be prepared in each year by a Departmental Promotion Committee to be constituted in terms of the Government Resolution contained in Personnel Department's Memo No. 22576, dated the 27th November, 1976.
(ii) The selection shall be made on the basis of merit to be assessed from the up-to-date service records with due regard for seniority, from amongst the officers of the Bihar Civil Service (Executive Branch) who have completed not less than 5 years of continuous service in the Bihar Civil Service (Executive Branch) on the 1st day of January of the year in which the list is prepared. The above period of service shall be reduced by one year in the case of officers belonging to Scheduled Castes and Scheduled Tribes, if adequate number of officers of those castes with prescribed minimum length of service are not available in the required proportion for the purposes of sub-rule (i):
Provided that those officers who were included in the list in force immediately before the date of the meeting of the Departmental Promotion Committees, shall on inclusion in the fresh list, be placed over all the officers selected for the first time.
(iii) (a)
Recommendations made by the Departmental Promotion Committee in which the Public Service Commission is associated, shall be taken as the recommendation of the Commission.
(b) In cases where consultation with the Public Service Commission is compulsory, under Article 320 of the Constitution of India, or any other law or Rule framed by the Government of Bihar or the Government of India, or where the Chairman or a Member of the Commission presiding over the Departmental Promotion Committee desires a particular case to be considered by the Commission as a whole, the list of officers thus prepared shall be forwarded to the Commission, alongwith their up-to-date service records. Likewise such service records of those officers, who are proposed to be passed over, shall also be sent to the Commission. The Commission shall, in such cases, advise the Governor in respect of suitability of each officer for inclusion in the list.
(iv) The final selection of officers for inclusion in the list shall be made by the Governor after taking into consideration the recommendations of the Departmental Promotion Committee and/ or the advise of the Commission, as the case may be.]
### 27. [
[Added New Rule, 27 vide G.S.R. 9, dated 28th February, 1978, published in Bihar Gazette, of India, Extraordinary, dated March 1, 1978.]
(1) Promotion to Senior Selection Grade shall be made from amongst the officers whose names find place in the select list mentioned in sub-rule (2) of this Rule in the order in which the names of officers are arranged in the said list, so however, that due representation in promotion to Senior Selection Grade is accorded to the officers belonging to Scheduled Castes and Tribes in accordance with the reservation rules in force.
(2) (i)
The Select List shall be prepared by the Departmental Promotion Committee constituted under Rule 26-A (2) (i) in each year from amongst members of the Bihar Civil Service (Executive Branch) who have completed not less than eight years of continuous service on the 1st day of January of the year in which such list is prepared and whose names are included in the list of officers in the Junior Selection Grade, referred to in Rule 26-A.
The above period of service shall be reduced by one year in the case of officers belonging to Scheduled Castes and Scheduled Tribes if adequate number of officers of those castes with prescribed minimum length of service are not available in the required proportion for the purposes of sub-rule (1) .
(ii) The selection shall be made primarily on merit to be assessed from the up-to-date service records.
(iii) The Departmental Promotion Committee shall arrange the names of officers thus selected in order of their inter-se-seniority.
(iv) (a)
Recommendation made by the Departmental Committee in which the Public Service Commission is associated shall be taken as the recommendation of the Commission.
(b) In cases where consultation with the Commission is compulsory, under Article 320 of the Constitution of India or any other law or rule framed by the Government of Bihar or the Government of India, or where the Chairman or a Member of the Commission presiding over the Departmental Promotion Committee desires a case to be considered by the Commission as a whole, the list of officers thus prepared shall be forwarded to the Commission, along with their up-to-date service records. Up-to-date service records of those officers, who are proposed to be passed over, shall also be sent to the Commission. The Commission shall, in such cases, advise the Governor in respect of the suitability of each officer for inclusion in the list.
(v) The final selection of officers for inclusion in the Select List shall be made by the Governor after taking into consideration the recommendation of the Departmental Promotion Committee and/or the advice of the Commission, as the case may be].
### 27A. [
[Added New Rule, 27-A vide G.S.R. 9, dated 28th February, 1978, published in Bihar Gazette, of India, Extraordinary, dated March 1, 1978.]
(1) Promotion to the post of Senior Additional District Magistrate's scale in the Bihar Civil Service (Executive Branch) shall be made from amongst the officers whose names find place in the Select List mentioned in sub-rule (2) below in the order in which the names of officers are arranged in the said list so however, that due representation in promotions to Senior A.D.M.'s scale is accorded to the officers belonging to Scheduled Castes and Scheduled Tribes in accordance with the reservation rules in force.
(2) (i)
The Select List shall be prepared by the Departmental Promotion Committee constituted under Rule 26-A (2) (i) in each year from amongst the members of the Senior Selection Grade referred to under Rule 27 and who have completed not less than four years of continuous service in Senior Selection Grade on the 1st day of January of the year in which such list is prepared.
The above period of service shall be reduced by one year in the case of officers belonging to Scheduled Castes and Scheduled Tribes if adequate number of officers of those castes with prescribed minimum length of service are not available in the required proportion for the purposes of sub-rule (1) .
(ii) The selection shall be made primarily on merit to be assessed from the up-to-date service records.
(iii) The Departmental Promotion Committee shall arrange the names of officers thus selected in order of their inter-se-seniority.
(iv) (a)
Recommendation made by the Departmental Committee in which the Public Service Commission is associated shall be taken as the recommendation of the Commission.
(b) In case where consultation with the Commission is compulsory under Article 320 of the Constitution of India, or any other law or rule framed by the Government of Bihar or the Government of India, or where the Chairman or a Member of the Commission presiding over the Departmental Promotion Committee desires a particular case to be considered by the Commission as a whole, the list of officers thus prepared shall be forwarded to the Commission alongwith their up-to-date service records. Likewise, such service records of those officers, who are proposed to be passed over, shall be sent to the Commission. The Commission shall, in such cases, advise the Governor in respect of the suitability of each officer for inclusion in the list.
(v) The final selection of officers for inclusion in the Select List shall be made by the Governor after taking into consideration the recommendations of the Departmental Promotion Committee and/or the advice of the Commission, as the case may be. [G.S.R. 9, dated 28th February, 1978, published in Bihar Gazette, of India, Extraordinary, dated March 1,1978.]
Appendix A
List of Scheduled Castes in Bihar
### 1. The castes, races or tribes, or parts of groups, within, castes or tribes, specified below shall be deemed to be Scheduled Castes in the State of Bihar in the localities specified in relation to them. ###
2. No person who professes a religion different from Hinduism shall be deemed to be a member of a Scheduled Caste.
### 3. Any reference to a district or other territorial division of the State shall be construed as a reference to that district or other territorial division as existing on the 26th January, 1950. I. Throughout the State of Bihar.
| | | | | |
| --- | --- | --- | --- | --- |
|
|
1.
|
Bauri
|
12.
|
Kanjar.
|
|
2.
|
Bantar
|
13.
|
Kurariar
|
|
3.
|
Bhogta
|
14.
|
Lalbegi.
|
|
4.
|
Chamar
|
15.
|
Mochi
|
|
5.
|
Chaupal
|
16.
|
Musahar
|
|
6.
|
Dhobi
|
17.
|
Nat
|
|
7.
|
Dome
|
18.
|
Pan
|
|
8.
|
Dusadh, including Dhari or Dharhi
|
19.
|
Pasi
|
|
9.
|
Ghasi
|
20.
|
Rajwar
|
|
10.
|
Halalkhor
|
21.
|
Turi.
|
|
11.
|
Hari, including Mehtar.
|
II. In Patna and Tirhut divisions and the districts of Munger, Bhagalpur, Purnea and Palamau - Bhumij.
III. In Patna, Shahbad, Gaya and Palamau Districts-Bhuiya.
IV. In Shahabad District-Debgar.
List of Scheduled Tribes in Bihar
I. Throughout the State of Bihar.
| | | | | |
| --- | --- | --- | --- | --- |
|
|
1.
|
Asur
|
15.
|
Kharwar
|
|
2.
|
Baiga
|
16.
|
Khond
|
|
3.
|
Bathudi
|
17.
|
Kisan
|
|
4.
|
Bedia
|
18.
|
Kora
|
|
5.
|
Binjhia
|
19.
|
Korwa
|
|
6.
|
Birhor
|
20.
|
Lohara
|
|
7.
|
Birjia
|
21.
|
Mahdli
|
|
8.
|
Chero
|
22.
|
Mai Paharia
|
|
9.
|
Chik Aaraik
|
23.
|
Munda
|
|
10.
|
Gond
|
24.
|
Oraon
|
|
11.
|
Goriat
|
25.
|
Parhaiya
|
|
12.
|
Ho
|
26.
|
Santal
|
|
13.
|
Karmali
|
27.
|
Sauria Parharia
|
|
14.
|
Kharia
|
28.
|
Savar
|
### 2. In the districts of Ranchi, Singhbhum, Hazaribagh, Santal Parganas and Manbhum - Bhumij. Note. - Any reference to a district or other territorial division of the State shall be construed as a reference to the district or other territorial division as existing on the 26th January, 1950.
Appendix B
The term "Political Sufferer" defined for purposes of recruitment to services and posts under Government (Vide Circular No. 237-A (124) /50/C-1447, dated the 26th January, 1951 and No. 237-A (124)/50/C-6480, dated the 23rd May, 1951.
A "Political Sufferer" means up to and including the 31st December, 1951, unless otherwise specified, a person who took part in the political movement which started on the 9th August, 1942; and
(1) who was injured as a direct result of his participation in the movement or as a direct consequence of any action on the part of Government officials; or
(2) who was tried and sentenced to imprisonment or fine for any offence connected with the movement; or
(3) who was detained without trial for three months or more; or
(4) who was under trial for six months or more, even though the cases ended in discharge or acquittal; or
(5) who was proclaimed as an offender in connection with the movement, but absconded; or
(6) whose properties were attached even though restored subsequently; or
(7) whose properties were damaged or destroyed on account of his participation in the movement; or
(8) whose studies were interrupted resulting in loss of one of more academic year oh account of such participation; or
(9) sons and daughters of those who lost their lives or were incapacitated as a direct result of their participation in the movement or as a direct consequence of any action on the part of Government officials during the movement; or
(10) the son or son-in-law of a political sufferer on whom that political sufferer and his family are dependent for their maintenance.
### 1. Special cases which would not be covered by the above definition should be referred to the Secretary to the Government of Bihar in the Political Department, Patna, for orders with a full statement of the facts. A person who wishes to claim any of the concessions allowed under this order should obtain from the District Magistrate of the district in which he normally resides, a certificate to the effect that he was a Political Sufferer within the meaning of this order. ###
2. No application for concession under the orders quoted above will be entertained by the Bihar Public Service Commission unless accompanied by the District Magistrate's certificate.
Appendix C
Instructions Governing Refund of Admission and Examination Fees
Application fee will not ordinarily be refunded. If however, for any reason a candidate is unable to sit at the examination, half of the examination fee may be refunded on application to the Secretary to the Commission:
Provided that the Secretary to the Commission may sanction refund of:-
(i) 90 per cent of the fees paid when a candidate after paying the fees does not submit an application.
(ii) whose of the application and/or examination fee paid, as the case may be, where an alteration is made in the terms of advertisement or in the conditions of recruitment so that the candidate who would otherwise have been eligible, becomes ineligible, due to such alteration; and
(iii) whole of the application and/or examination fee paid, as the case may be, if the vacancies advertised are decided by Government to be abolished or kept in abeyance, before or after the candidates are interviewed.
Appendix D
[Bihar Public Service Commission, 15 Bailey Road, Patna]
Syllabus for the Combined Competitive Examination
(The Syllabus is liable to slight modification)
Questions in all non-language subjects may be answered either in English or in Hindi (Devnagri script)
The following will be the subjects for examination; each subject will carry the marks shown against it-
Compulsory
| | | |
| --- | --- | --- |
|
|
Subject
|
Marks.
|
|
1.
|
General English
|
150
|
|
2.
|
General Knowledge (including current affairs)
|
150
|
|
3.
|
Elementary General Science
|
100
|
|
4.
|
General Hindi
|
50
|
Optional
(Candidates must take three and not more than three subjects, but not more than two from any one of the groups, A, B, C or D).
| |
| --- |
|
Group A
|
|
5.
|
Hindi Language and Literature
|
200
|
|
6.
|
Sanskrit Language and Literature
|
200
|
|
7.
|
Urdu Language and Literature
|
200
|
|
8.
|
Persian Language and Literature
|
200
|
|
9.
|
Arabic Language and Literature
|
200
|
|
10.
|
English Language and Literature
|
200
|
|
10. [A]
[Added by Notification no. III/RI-4044/60-A-8664, dated 22.6.1960.]
|
Pali Language and Literature
|
200
|
|
Group B
|
|
11.
|
Indian History and Culture (including Modern and Medieval
India)
|
200
|
|
12.
|
World History
|
200
|
|
13.
|
Geography
|
200
|
|
14.
|
General Economics (including Public Finance)
|
200
|
|
15.
|
Political Science
|
200
|
|
16.
|
Philosophy (including Ethics and comparative study of
religions)
|
200
|
|
17.
|
Psychology
|
200
|
|
18.
|
Sociology (including Anthropology)
|
200
|
|
19.
|
Labour and Social Welfare
|
200
|
|
Group C
|
|
20.
|
Public Administration
|
200
|
|
21.
|
International law, Jurisprudence and Constitutional Law (with
special reference to the development of the English and Indian
Constitution)
|
200
|
|
22.
|
Hindu Law, Law of Transfer, Evidence Act, Procedure Law and
Indian Penal Code.
|
200
|
|
Group D
|
|
23.
|
[Mathematics substituted by G.S.R. 45, dated the 5th May, 1975, published in Bihar Gazette, Part II, dated 7.5.75 at page 600]
|
|
|
[23-A.]
[Added 23A & 23B with standard and syllabus for Pure Mathematics and Applied Mathematics vide G.S.R. 45, dated the 5th May, 1975, published in Bihar Gazette, Part II, dated 7.5.75.]
|
Pure Mathematics
|
200
|
|
[23-B.]
[Added 23A & 23B with standard and syllabus for Pure Mathematics and Applied Mathematics vide G.S.R. 45, dated the 5th May, 1975, published in Bihar Gazette, Part II, dated 7.5.75.]
|
Applied Mathematics
|
200
|
and its Standard and Syllabus will be substituted as below:-
Standard and Syllabus for Pure Mathematics
(i) Set theory: Sets, union, intersection, difference and complementation properties. De Morgan's rule and distributive laws, cartesian product of sets, Mappings, relations and concepts of binary operations, indexed family of sets. Equivalence relation and partition of sets, countable and uncountable sets, partially and totally ordered sets.
(ii) Topology : Metric space-open sets, Closed sets, Closure, limiting point and convergence in metric spaces. Complete metric spaces. Notion of connectedness, compactness and their invariance under centinuous mappings.
(iii) Algebra : Concepts of semi-group, sub-group, group cosets, order of an element. Lagrange's theorem, cyclic group, permutation, group Homomorphism of groups, Definitions and illustrations offering integral domain and field. Vector space of finite dimensions. Matrices, kinds of matrices, associated matrices alegbra of matrices Calay-Hamilton theorem, Determinants, Rank of matrices. Solution of simultaneous linear equations.
(iv) Infinite sequence and series: Limiting point of a set Bolzano-Wirestrass theorem. Sequences and limits, Cauchy's criterion for convergence. Infinite series, comparison and ratio tests. Gauss's test, condensation test.
Alternating series. Absolute convergence, derangement of series product of series.
(v) Analysis : Construction of Real number by Dedekind's section or by any other method limits and continuity of a function of one real variable, derivatives and sussessive derivatives. Properties of continuous functions, characterisation of discontinuities, mean value theorem, Taylor's and Maclaurine's theorem with Lagrange's and Cauchy's forms of remainders. Evaluation of indeterminate forms, Plane curves : tangents and normals, curvature, contact of curves, envelops, Partial differentiation and differentiability of a function of more than one variable, Maxima and Minima of functions, Standard methods of integration. Reimann's definition of definite integral of continuous functions, Fundamental theorem of integral of continuous functions. Fun. Fundamental theorem of integral of continuous functions. Fundamental theorem of integral Calculus. First and Second mean value theorems of Integral Calculus. Rectification and quadrature or curves, Surface and volumes of solids.
(vi) Differential equations : Formation of rudinary differential equations, differential equiations of first order, linear differential equations of higher order with constant co-efficients. Exact differential questions and equations admitting integrating factors. Second order equations with variable co-efficients (solution in series excluded).
(vii-a) Analytical geometry of two dimensions : 'Straight line circle, ellipse, parabola, hyperbola. Reduction of the second degree equation to a standard form confocal conics, polar equation of conics.
(vii-b) Analytical geometry of three dimensions: Plane, straight line, Equations of spheres, cones, cylinders, paraboloid, ellipsoid, and hyperboloid in standard form and their tangent and normal properties.
Standard and Syllabus for Applied Mathematics
(i) Vector Analysis : Scalars and vectors, Vector addition, Scalar vector multiplication. Differentiation and integration of vector functions of a scalar, Gradient divergence and curl in cartesian cylindrical and spherical co-ordinates. Higher order derivatives, vector identities and vector equations. Gauss's Green's and Stoke's theorem.
(ii) Statics : Plane statics, equilibrium of system of particles, reduction of a general plane force system, Work and potential energy. Centre of mass and centre of gravity. Common caterary, Principle of Virtual work. Stability of equilibrium of forces in three dimensions.
(iii) Attraction and potential : Attraction and potential of rods, rectangular and circular discs, spherical shells, spheres. Equipotential surfaces and their properties, properties of potentials. Laplace's and Poission's equations.
(iv) Dynamics : Velocity vector, velocities an accelerations along the axes of co ordinates tangential and normal, radial and transverse. Fundamental laws of Newtonian Mechanics. Plane dynamics, principles of angular momentum and energy for a particle and for system, motion of mass centre, motion relative to mass centre. Principle of energy, D, Alembet's Principle. Motion in a plane, Projectiles, harmonic oscillators, orbits under central forces. Kepler's laws and planetary orbits. Two dimensional motion of a rigid body rotating abut a fixed axis, moments and products of inertia, Compound pendulum.
(v) Hydrostatics : Nature and properties of fluid pressure. Pressure of heavy fluids. Equilibrium of fluids under given system of forces. Centre of pressure.Thrusts on curved surfaces. Equilibrium of floating bodies, stability of equilibrium. Pressure of gases and problems relating to atmosphere.]
Old Rule given under as :-
| | | |
| --- | --- | --- |
|
24.
|
Physics
|
200
|
|
25.
|
Chemistry
|
200
|
|
26.
|
Botany (including Economic Botany)
|
200
|
|
27.
|
Geology
|
200
|
|
28.
|
Zoology
|
200
|
|
29.
|
Accounts
|
200
|
|
30.
|
Statistics
|
200
|
|
31.
|
Agriculture
|
200
|
### 1. Every candidate must offer for all services, all subjects mentioned in the Compulsory group. From the subjects in the Optional, candidate must take three subjects, but not more than two from any one group. ###
2. General Economics, including Public Finance or Accounts will be Compulsory subject for candidates for the Bihar Finance Service (Senior Branch) and the Bihar Finance Service (Junior Branch).
### 3. Sociology or Psychology will be a compulsory subject for the Bihar Jail Service. ###
4. Indian History and Culture will include three groups each carrying 100 marks, and a candidate can take any two up to 200 marks.
### 5. The paper on "Accounts" will include three divisions and a candidate can offer any two up to 200 marks ###
6. The number of candidates to be admitted to the written examination shall not exceed the limit as may be fixed by the Commission from time to time. If the number of candidates exceeds the limit fixed the Commission shall make a preliminary selection of candidates to be admitted to the written examination and weed out those who are considered unsuitable :
Provided that candidates with Honour's or Master's degree who have fetched 50 per cent or more of the aggregate marks in the subjects for the Honour's or the Master's degree shall not be excluded from taking the written examination :
Provided further that no member of the Scheduled Castes and Scheduled Tribes, who is eligible under the Rules, shall be excluded from appearing at the written examination.
### 7. There shall be one paper in each of the Compulsory, and Optional subjects. All papers, excepting viva voce, shall be of three hours duration. There is no time-limit for viva voce test. The Commission shall summon such candidates for a viva voce test as qualify themselves at the written examination. Viva voce examination shall carry a maximum of 200 marks for all services except the Bihar Police Service.The maximum viva voce marks for the Bihar Police Service shall be 250. The Commission has the discretion to fix the qualifying marks by notification in advance in any or all of the subjects for examination. ###
8. If a candidate's handwriting is not easily legible, a deduction to the extent of 5 per cent, will be made on this account from the total marks otherwise accruing to him/ her.
### 9. In all subjects of the examination candidates will be required to show a sound, and not merely superficial knowledge of the subjects. The power of an orderly, effective and exact expression, with the economy of words will also be expected of the candidates. ###
10. Success in examination confers no right for appointment unless Government are satisfied, after such inquiry as may be considered necessary, that the successful candidate is suitable in all respects for appointment to the Public Service.
### 11. The Commission reserve the right to recommend a successful candidate for any of the service or posts which he/ she has offered himself/ herself if considered suitable. Standard and Syllabus of the Examination
Note. - The standard of optional papers will be approximately that of an Honour's Degree Examination of the Patna University which is two years course.
### 1. General English. - Questions will be set to test the understanding of and the power to write English. A passage or passages will usually be set for summary or precis. Questions will include letter writing on given subjects. ###
2. General Knowledge (including knowledge of current events). - The paper will also include questions of Indian History, Culture and Geography of a nature, which candidates should be able to answer without special study.
### 3. Elementary General Science. - A paper of questions to test such matter of every day observation and experience in their scientific aspects as may be expected of an educated person, who has not made a special study of any scientific subject. ###
4. General Hindi. - The paper will be of a general character to test a candidate's ability to understand and write Hindi grammatically and correctly. Candidates will be asked to write an essay or to give a descriptive account of something. A prose passage will also be set for summary or precis with the object of testing comprehension of expression.
### 5. Viva voce. - The candidates will be interviewed by the Commission who will have before them a record of his/her career. He/She will be asked questions on matters of general interest. The object of the interview is to assess his/her suitability for the service for which he/she is entered, and in framing their assessment the Commission will attach particular importance to his/her intelligence and alertness, his/ her vigour and strength and his/her potential qualities of leadership.The examination will be on matters of general interest, not on matters of academic interest. The marks obtained in viva voce will be added to the marks obtained in written papers and the candidate's place will depend on the aggregate of both.
### 6. Hindi Language and Literature. - Candidates will be expected to show a knowledge of the principal classical authors. Evidence of first-hand reading will be required. The paper will include questions on Grammar, Philology, Social and Political History and literary criticism. Answer should be in Devnagri script. ###
7. Sanskrit Language and Literature. - (a) Translation from Sanskrit into English and from English into Sanskrit; (b) Language, Literature and Grammar.
Questions may be set to draw out what a candidate knows rather than to test his/her knowledge. It is not expected that he/she should be an expert or a specialist in any branch of Sanskrit literature, but he/she should have a grasp of both the classical language and literature, and a general knowledge of the history of literature-classical period only.
He/she should have a general knowledge of Sanskrit Grammar. This knowledge will be tested not by asking him/her to quote rules, but by their application to language. He/she will be required to translate an essay passage qr passages into English from classical Sanskrit, to write an essay in Sanskrit, to summarise a given passage in English or Sanskrit and to translate into either language.
Answers required to be written in Sanskrit must be written in Devnagri script.
[7-A. Pali Language and Literature-
(a) Translation from Pali into English, from English into Pali;
(b) Pali Grammer and Composition ;
(c) Pali Language and Literature.]
### 8. Urdu Language and Literature. - The candidates are expected to show an up-to-date general knowledge of the history of Urdu language and literature of modern tendencies of its development and be able to answer critical question, regarding some knowledge of Prosody, Philology and Rhetoric. ###
9. Persian Language and Literature. - (a) Translation from Persian into English and from English into Persian; (b) Language, Literature and Grammar.
Questions may be set to draw out what a candidate knows rather than to test his/her knowledge. It is not expected that he/she should be an expert or a specialist in any branch of Persian Literature, but he/she should have a grasp of both the classical language and literature and a general knowledge of the history of Persian Literature-classical period only. He/she should have a general knowledge of Persian Grammar/including elements of Persian Prosody and Rhetoric. This knowledge will be tested not by asking him/her to quote rules but by their application to the language, he/she will be required to translate essay passage or passages into English from classical Persian, to write an essay in Persian, to summarise a given essay in Persian, and to translate from English into Persian and from Persian into English.
### 10. Arabic Language and Literature. - (a) Translation from Arabic into English and from English into Arabic; (b) Language, Literature and Grammar. Question may be set to draw out what a candidate knows rather than to test his/her knowledge. It is not expected that he/she should be an expert or a specialist in any branch of Arabic Literature, but he/she should have a grasp of both the classical language and literature and general knowledge of the history of Arabic literature-classical period only.
He/she should have a general knowledge of Arabic Grammar including the elements of Arabic prosody and Rhetoric. This knowledge will be tested not by asking him/her to quote rules but by their application to language. He/she will be required to translate an essay passage or passages into English from classical Arabic, to write an essay in Arabic, to summarise a given passage in English or Arabic and translate into either language.
### 11. English language and Literature. - Candidates will be expected to show a general knowledge of the History of English literature from the time of Spensor to 1910 with special reference to the works of the following authors- Shakespeare, Milton, Pope, Johnson, Dickens, Wordsworth, Keats, Tennyson, Hardy, and Bernard Shaw.
Evidence of first-hand reading will be required. The paper will also include question on literary criticism.
### 12. Indian History and Culture. - This paper will include the following three groups and candidates can take any two only- | | | |
| --- | --- | --- |
|
(a) |
Ancient Indian History and culture up to 1,000 A.D.
|
100
|
|
(b) |
Medieval India-1000-1707 A.D.
|
100
|
|
(c) |
Modern India-1907-1947 A.D.
|
100
|
### 13. Ancient Indian History and Culture. - The Vedic Age, the Mauryan Age and administration, foreign Invasions and their after effects, the age and culture of Guptas, Hun invasions, Harshvardhana and his time, kingdoms in northern India during 700 to 1200. (The subjects may be studied with the help of following books :-
Roy Chaudhari - Political History of Ancient India.
Tripathi - Ancient History of India.
History of India, 1000-1707 A.D.
(1) The Muslim conquest of India.
(2) The Delhi Sultanate-its establishment, growth and disruption.
(3) Independent kingdoms on disintegration of the sultanate.
(4) Civilisation during Turko-Afghan period-Government; social and economic conditions; growth of an Indo-Muslim culture (religion, art and architecture, literature and education).
(5) Political conditions in India in 1526.
(6) Beginning of the Mughal Empire (Baber and Humayun).
(7) Afghan revival under Sher Shah and the Suris.
(8) From Akbar to Aurangzeb : Mughal territorial expansion, Mughal policy towards the N.W. Frontier and Central Asia, the Deccan, the Rajputs, Sikhs and other nationalities, the Marathas and Shivaji's work.
(9) Civilisation during Mughal rule, System of Government, Civil and Military, Social and Economic conditions, foreign traveller's accounts; religious history and religious policy of Mughal Emperors, art and architecture, literature and education.
History of India, 1700-1947 A.D.
(1) European Trading nations in India, Anglo-French conflicts, growth of British political supremacy in Bengal till 1765.
(2) Expansion of the British dominion in India tin middle of the 19th century and foreign policy and relations of the E.l. Co.
(3) Growth of Indo-British administration from Warren Hasting to Dalhousie, Charter Acts and transformation in the position of the E.l. Co.
(4) Education and Social Reforms till 1856.
(5) The Movement of 1857-59.
(6) Administrative and constitutional development in India.
(7) Foreign policy and relation of the Government of India.
(8) History of Indian Nationalism and Independence.
(9) Indian States.
(10) Education, Social and Religious reforms.
(11) General Economic condition.
(12) World History. - (General Knowledge) from 1789-1939.
(13) Geography. - The physical basis of Geography. Elements of Economic Geography.
Regional and Economic Geography of Asia with a detailed study of India including Pakistan.
Candidates will be required to show intimate knowledge of Indian Geography.
### 14. General Economics. - Candidates will be expected to have a knowledge of economic theory and should be prepared both to illustrate theory by fact and to analyse facts by the help of theory. Questions may be set on the theory of development of economic thought and Public Finance. ###
15. Political Science. - Candidates will be expected to show a knowledge of political theory and its history as well as of Political Organisations (including Public Administration and Local Government.) Candidates will be expected to have knowledge also of the origin and development of existing Institutions and of the Constitution of India.
### 16. Philosophy. - Philosophy including Metaphysics, Theory of Knowledge, Ethics and Philosophy of Religion, a general acquaintance with the main system of Indian Philosophy will be expected. ###
17. Psychology. - Candidates will be expected to show a knowledge of psychological principles and their applications. Questions will also be set on the structure and functions of Group morale-leadership-public opinion and propaganda tensions. Personal selection and Psychology of management and administration.
### 18. Sociology (including Anthrology)- (a) Factors in the Social Life of man;
(b) Human Nature. - Heredity and Personality; Group and Personality and Personality Disorganisations.
(c) Culture. - The Role of Culture;The contribution of Biological Factors. The influence of Geographical Environment and Culture and Personality;
(d) The major Forms of Social Structure. - Types of Social Group, in social life. The Primary Group, Crowds and Public, Caste and Class; The Family; Family problems of today and Associations and interests; Prestige and Authority:
(e) Social Institutions. - Organisation of societies, organisation of economic activities in primitive and peasant communities, social control and authority systems in States and Stateless societies; concept of sanction, relation of law to custom and morality; Religion, ritual, magic, totem and taboo; interrelationship of Institutions.
(f) Indian tribal populations and social change. - A general idea of the tribal populations of India and the distribution of the various racial types and of their characteristics. Concept of the society as a process; the patterns of social change; the biological, technical and cultural factors of social change to be studied with particular reference to the Indian tribes.
(g) Social Evolution and Social Progress. - Misleading Trials in Social Evolution; General view of Social Evolution. The place of the concept of progress in Sociology, and the Interpretation of Social change from primitive to civilized society.
(h) Media of Mass Communication. - Propaganda and Public Opinion.
### 19. Labour and Social Welfare. - (a) History and principles of Labour and Social Legislation in England and India. Particular enactments like the Factories Act, 1948, Minimum Wages Act, 1948, Employees' State Insurance Act, 1948, Industrial Disputes Act, 1947,Trade Unions Act, 1926 and Maternity Benefit Act of Bihar, 1947, [\*Now Central Act.] (b)
Problems and principles of Social Administration; machinery for social service; problems arising out of poverty, sickness, incapacity, accident, old age and unemployment with special reference to India, their causes and remedies; Indian social customs and problems arising from them, Indian standard of living- factors determining-planning-economic and social piecemeal reforms.
### 20. Public Administration. - The modern State and Pubic Administration, Relations of administration with the Legislature, the Executive and the Judiciary. Problems of organisation of the Administrator, Branch as a whole of departments and of operating services. Advisory Councils, Tools and administration, problems of personal, material and finance, Administrative Law, Public Relations. ###
21. International Law, Jurisprudence and Constitutional Law. -
(a) International Law. - Public International Law-"History of International Law of Belligerents and Neutrals in War only".
(b) Jurisprudence. - Holland's Jurisprudence-Parts I and II.
(c) Constitutional Law. -
(i) Constitutional Law of India, 1950 (Parts I and XI).
(ii) British Constitutional Law, Conventions; Limitations on the Sovereignty of Parliament; Rule of Law; Writs.
### 22. Hindu Law, Law of Transfer, Evidence Act, Procedure Law and Indian Penal Code - (a) Hindu Law. - Source of Hindu law, General Principles of Inheritance, Joint Family, Points of different between the Mitakshara and Dayabhag: Hindu Widow's Estate and Stridhan.
(b) Law of Transfer. - Definition of Transfer of Property, Gifts to unborn persons (Section 13), Rule against perpetuity (Section 14), Nature of vested contingent interest (Sections 19 and 21), Election (Section 35), Law of Lis Pendens (Section 52), Different kinds of Mortgages (Section 58).
(c) Evidence Act. - Sections 1 to 32.
(d) Procedure Law. - Criminal Procedure.
Part 1 – Section 4, Parts II, VI omitting Chapters XXIII, XXVII, XXVIII, XXXIX, Part IX, Chapters XXXIX and XLIV.
-------------------------------------------------------------------------------------------------------------------
(e) Civil Procedure. - Sections 1 to 151.
(f) Indian Penal Code. - Chapters I to VII, Chapter VIII omitting Sections 143, 147, 160 : Chapter IX omitting Section 164 ; Chapter IX-A omitting Sections 171-E; 171-F; Chapter X whole: Chapter XI omitting Sections 193 and 216-A; Chapter XII whole; Chapter XIII whole ; Chapter XIV omitting Section 290 : Chapter XV whole; Chapter XVI omitting Sections 302, 303, 304, 311, 323, 325, 341, 342, 352, 363, 376, Chapter XVII omitting Sections 379, 384, 392, 395, 400, 401, 406, 417, 419, 426, 438, 439, 447, 448, 453, 462; Chapter XVIII omitting Sections 464, 482, 488. Chapter XIX whole ; Chapter XX whole, Chapter XXI omitting Section 500, Chapter XXII omitting Section 506, Chapter XXIII whole,
### 23. Mathematics. - Mathematics will include : (a) Algebra. - Determinants, theory of equations (volume 8 of Burnside) and Panton, simple continued fractions, indeterminate equations of the first degree, recurring series and inequalities.
(b) Geometry. - Analytical Geometry of two dimensions. Analytical Geometry of three dimensions up to Sections of Central conicoids.
(c) Elementary Analysis and Trigonometry. - Sequences and limits. Definition of an irrational number, Convergence of series by comparison and ration tests, Absolute convergence, Binomial series, Exponential theorem, Series of trigonometric and hyperbolic functions, Logarithmic series, Complex number, De-Morivre's theorem, Summation of series. Properties of triangles and quadrilateral, Elements of Spherical Trigonometry and properties of spherical triangles.
(d) Calculus and Differential Equation. - Continuous and discontinuous functions. Differentiation and successive differentiation. Rolles theorem. Mean value theorem. Taylor's theorem. Partial differentiations. Maxima and Minima. Geometrical applications. Definite and indefinite integrals, application to length of curves, areas, volumes, centroids and moment of inertia. Linear differential equations of the first order. Differential equations of the second order.
(e) Mechanics. - Dynamics of particle including motion in a plane. Motion under central forces are planatory orbits. Motion on plane curve. Motion of rigid body about an axis. Compound pendulum.
(f) Statics. - Equilibrium under co-planer forces. Friction Equilibrium on a plane, curve, principle of virtual work, Stability Equilibrium of inelastic strings, Hook's law, Elementary vector algebra and its application to mechanical problems.
(g) Hydrostatics. - Fluid pressure, thrusts on surfaces, centre of pressure, equilibrium and stability of floating bodies. Rotating fluids, Gas laws, Atmospheric pressure.
(h) Astronomy. - The celestial sphere; Transit instrument, Equation of time, planetary motion, Refraction, parallax. Precession and mutation. Lunar and Solar eclipse.
Descriptive-Astronomy, planets stars, double stars, Magnitude and spectral glasses, Temperature luminosity law and diameter, Clusters and nebulx.
### 24. Physics. - The paper will include question on General Physics, Heats, Light, Sounds, Electricity and Magnetism. ###
25. Chemistry. - The paper will include question on General (including Physical) Chemistry, Inorganic Chemistry and Organic Chemistry.
### 26. Botany. - An advanced knowledge of the main groups of the vegetable kingdom, (prescribed for the Hons, course) both living and existing, viz.. Algae, Fungi, Bryophyla, Petrodophyta, Gymnosperms and Angiosperms with special reference to the Indian flora.
Anatomy. - Origin and development of plant issues and their distribution from ecological point of view.
Ecology. - Principal types of vegetation of Bihar, their distribution and importance of vegetational study (of Hons, standard).
Physiology. - A knowledge of the important physiological processes of the plant body (of the Hons, standard).
Plant Pathology. - A knowledge of the important diseases of plants caused by Fungi together with the methods of control.
Economy Botany. - A study of the important economic plants (included in the Hons. Course) of India and their distribution.
General Biology. - A study, knowledge of the fundamentals in variation, heredity evolution, cytology, genetics and principles of plant breeding.
### 27. Geology. - Physiography and Structural Geology, Mineralogy, Economic, Geology and Petrology - Interior of the earth and its constitution; Isostasy; Continental Drift, Earth Movements : Origin of Mountains. Fluvial Cycle. Geological works of snow and ice, Past Glaciation, Marine deposits, Coral reef; types of fold and faults. A detailed study of the important rock forming minerals and minerals of economic importance. Ore genesis; important economic mineral deposits of India. Rock: Modes of occurrence of igneous rocks. Principles controlling the formation of igneous rocks. Magnetic differentiation, Structures and Textures. Classification of igneous rocks. Description of the more common igneous rocks. Characters of different types of sedimentary rocks. Metamorphism, and the origin of different types of metamorphic rocks. Classification of metamorphic rock. Igneous and metamorphic rock. Classification of metamorphic rocks. Igneous and metamorphic rocks of India.
Stratigraphy and Palaeontology - Detailed morphology of the important groups of invertebrates and study of important genera under each group. Distribution in time of the leading genera. Fossils and organic evolution with special reference to the Mammals. Petrological and palaeontogical features of the main geological sub-divisions of India. Correlation of the different formations of India with each other and with the standard stratigraphical scale.
### 28. Zoology - (1) Animal cell (including its cytoplasmic inclusion and their functions.). Reproduction (Sexual, a sexual and parthenogenesis), Histology of Frog and Rabbit.
(2) Theories of evolution, Heredity, Cellin in inheritance, History of Zoology, and Eugenics.
(3) Economic Zoology with special reference to pisciculture, sericulture and Lac culture.
(4) Geographical and Geological distribution of animals.
(5) The structure, habit, life-history and classification of the following groups as illustrated by the types indicated against each :-
Protozoa : Amoeba, Entamoeba, Trypansome, Paramocecium, monocystis and malarial parasite.
Porifera : Different kinds of canal systems, skeleton and development,
Coelenterate : Hydra, Obelia, Aurelia and Coral formation.
Platyhelminthes : Liverfluke and taenia.
Memathelminthes : Ascaris and Filaria.
Echinodermata: Starfish.
Annelida : Pheritima, Neries and Leech.
Arthopoda : Prawn, Cockroach, Mouth parts of Mosquito, House-fly and Sacculina.
Mollusca : Mussel and Pila.
Polyzos : Bugula
Hemichordata: Balanoglossus
Urochordata : Herdmania, Sarpha and Doliolum
Cephalochordata: Branchiostoma (Amphious) .
Cyclostemata : Petromyzon (external characters only).
Pisces : Dogfish, A common bony fish and Dipnoi
Amphibia : Frog.
Reptilia : Varanus and Snake (life-history included).
Aves: Pigeon.
Mammelia : Echidna, Kangaroo, Guinea-pig or Rabbit Placentation
### 29. Accounts will include the following groups :-
A. Advanced Accounting. Auditing. Cost Accounting and Income Tax-100 marks.
(a) Advanced Accounting. - The principles of Accountancy and their practical application to all types of trading, commercial, industrial, banking, insurance and investment undertakings. Accounts relating to the flotations, amalgamation, absorption, reconstruction, re-organisation and liquidation of companies, statutory and public utility undertakings, the accounts of educational, scientific, charitable and religious endowments, trust and institutions, provident and superannuation funds : branch accounts, foreign exchange, etc.
Note. - Candidates will be expected to be acquainted with the basic principles. Specialised knowledge of cost accounting will not be required.
(b) Cost Accounts. - The main principles of cost accounting.The treatment and control of stocks, material, labour, direct and indirect expenses and on cyst. Contract cost accounts, process cost accounts, single costing, standard costing, multiple costing and operating costing; Double Entry Cost Accounting; reconciliation of cost accounts with financial accounts.
(c) Auditing. - The principles and procedure of Auditing and their practical application to all types of trading, commercial, industrial, banking, insurance, public utility and investment undertaking; Rights and Duties of Auditors; Internal Audit Investigations of actual and suspected frauds. Auditor's report, certificates and opinions, Limitations of Audit.
(d) Income tax. - The main Legal and Accountancy, Principles governing the computation of total world income for purposes of income-tax.
Note. - Special knowledge of Income-tax will not be expected. Candidates will be required to have a sound grasp of the provisions of Section 10 of the Income-tax Act and a working knowledge only of Sections 3 to 4-B, 6 to 15-A and 16 (1) & (a) (b), 16 (2), 17, 18-A, 22, 23 (1) to (3), 26-A, 42, 49-B and 55 to 58 and the connected rules of the [Indian Income-tax Act, 1925]
[Now, Income Tax Act, 1961.]
. Also the Indian Finance Acts of 1946 and subsequent years.
B. Rural Economics with special reference to Bihar and Co-operative in India: Partnership accounts : Receipt and Payment Account and Income and Expenditure Account. Joint Stock Company accounts including amalgamation, absorption and reconstruction. Banking Account-100 marks.
C. Indian Currency and Commercial Banking operation; Partnership account; Receipt and payment account and income and expenditure account, Joint Stock Company accounts including amalgamation, absorption and reconstruction. Banking Account-100 marks.
A candidate can take any two from the above three groups.
### 30. Statistics. - Elementary ideas of probability including Baye's hypothesis, expected values, Lagran's and advancing interpolation formulae, derivation of normal cure and some of its fundamental properties. Elementary Theory of Least Square.
Descriptive Statistics. - Tabulation, classification, graphical representation averages (including index numbers in some details), dispersion, symmetry Kurtosis, elementary theory of Attributes and Association, Distribution, function of mean and variance in a normal population, elementary properties of some standard distributions, e.g., Binomial, rectangular Conchy's Personian, Derivations of x2 distribution from independent normal variates. Properties of Bivariate normal distributions. Theory of co-relation co-efficient including Personians co-efficient, rank and inter-class correlation co-efficients, with two and three variables only. Concepts of sampling in statistics (including random, purposive and stratified), elementary tests of hypothesis involving the use of t, F x2 distribution without formal proofs, elementary idea of analysis of variance and covariance (one way and two way classifications).
Note. - The accounts of Executors and Trustees of the Estates of deceased person, Liquidators, Receivers, Official Assignee, etc. will not be included.
### 31. Agriculture
(1) Introduction. - Its brief history, scope and importance, relation to other industries and sciences; some agricultural statistics of Bihar, such as classification of areas under different crop, irrigated areas, and crops distribution of populations, etc.
(2) Soils. - Soil and sub-soils texture and structure of soil, soil moisture; soil air; soil temperatures; soil micro-organisms : physical properties of soil.
(3) Tillage and Farm Implements. - Definition, importance, objects and kinds of tillage, essential differences in tillage in different types of soils, preparation of seed bed; control of weeds.
A study of the indigenous improved and introduced implements in Bihar in respect of assemblage, adjustment, working cost, care and economics of operation.
(4) Climatology. - Definition and scope; factors and elements of climate; common meteorological instruments and their uses; Weather forecast, relation of climate to the distribution of crops and systems of farming.
(5) Irrigation, Drainage and Land Development. - Importance of irrigation, Water requirements of crops, hydraulic terminology, detailed study of different sources of Irrigation.
Dry farming, its scope and relation to rainfall; dry farm crops and tillage methods.
Importances of drainage, kinds of drainage, reclamation of acid alkali and kans infested lands or otherwise lying waste; soil conservations, pasture management.
(6) Manuring. - Fertility of land; principles underlying manuring of crops; detailed study of F.Y. M., compost, green mixturing, oil-cakes and various inorganic fertilizers.
(7) Principles of crops production. - Crop rotations; crop mixtures ; seed selection ; multiplication and distribution of pure seeds; classification of crops and detailed study of the following crops :-
Paddy, Maize, Wheat, Barley, Linseeds, Gram Arhar, Jute, Cotton, Sugarcane, Tobacoo, Jowar, Berseem, Soyabeen, Turmeric, Onions-Chillies, Potatoes, Sweet Potatoes.
(8) Farm management. - (1) Different types of farming; lay-out of different types of farms; successful management of farms and maintaining farm accounts.
(9) Extension service for agricultural and rural development.
Appendix X
Acknowledgement by Government of Meritorious Service of Officers
Circular letter no. 330-67-A.R. dated Ranchi, the 24th April, 1935 from the Government of Bihar and Orissa, Appointment Department
I am directed to say that Government have decided that it is fitting that the services of officers belonging to the Provincial and Subordinate Services in Bihar and Orissa who have meritorious records should be recognised on their retirement by a letter of thanks on behalf of Government. His Excellency the Governor has decided that the following conditions should be observed in the issue of such letter:-
(a) Officers of all ranks except menials should be entitled to receive a letter of thanks on retirement after consistently meritorious service.
(b) Service must be of conspicuous merit. The possession of a title should not necessarily qualify nor absence of a title necessarily disqualify.
(c) The officer should have completed twenty-five year's service.
(d) The head of the department or office should on the retirement of each officer consider whether he merits a letter of thanks and should submit his recommendation to the proper authority.
(e) In the case of gazetted officers, His Excellency the Governor will issue the letter of thanks after receiving the recommendations of the Head of the Department and the Member or Minister in-charge of that Department.
(f) In the case of non-gazetted officers the letter should be issued by the Head of the Department or the Commissioner of the Division.
[Added by Notification No. III/RI. 4044/60-A-8664 dated 22.6.1960.]
|
65ba64d1ab84c7eca86eb235 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Nambudri Act, 1932
-------------------------------
TAMILNADU
India
Tamil Nadu Nambudri Act, 1932
===============================
Rule TAMIL-NADU-NAMBUDRI-ACT-1932 of 1932
-------------------------------------------
* Published on 21 March 1933
* Commenced on 21 March 1933
Tamil Nadu Nambudri Act, 1932
(Tamil Nadu Act XXI of 1933)
Received the assent of the Governor on the 21st March 1933, and that of the Governor-General on the 12th April 1933; the assent of the Governor-General was first published in the Fort St. George Gazette, dated 1st August 1933.
An Act to define and amend in certain respects the law relating to family management, marriage, guardianship, intestate succession and partition applicable to Nambudri Brahmans and certain other communities, not governed by the Marumakkattayam law of inheritance.
Preamble. - Whereas it is expedient to define and amend in certain respects the law relating to family management, marriage, guardianship, intestate succession and partition applicable to Nambudri Brahmans and certain other communities, not governed by the Marurnakkattayam law of inheritance;
And Whereas the previous sanction of the Governor-General has been obtained to the passing of this Act;
It is hereby enacted as follows : -
Chapter I
Preliminary
--------------------------
### 1. Short title and application.
(1) This Act may be called the [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
Nambudri Act, 1932.
(2) It shall apply -
(a) to all Nambudri Brahmans in the [State of Tamil Nadu]
[Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969.]
who are not governed by the Marumakkattayam law of inheritance; and
(b) to all Nambudri Brahmans outside the [said State]
[Substituted for the expression 'said Presidency' by paragraph 4 of, and the Schedule to, by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969.]
, not governed by the law, in respect of immovable property situated within it.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -
(a) "anandravan" means any member of the illom other than the Karnavan;
(b) "illom" means all the members of a Nambudri joint family with community of property and includes a "mana".
Explanation. - A female shall, on her marriage, cease to be a member of the illom in which she was born and become a member of the illom of her husband;
(c) "karnavan" means the oldest male member of an illom on whom the right to management of its properties vest or, in the absence of a male member, the senior female member.
Explanation. - The seniority as between two or more females, who become members of the illom by marriage, shall be determined according to the dates of their marriages;
(d) "major" means a person who has attained eighteen years of age; and
(e) "minor" means a person who has not attained eighteen years of age.
Chapter II
Illom and its Management
----------------------------------------
### 3. Proprietary right of members in illom properties.
(1) Every member of an illom, whether male or female, shall have an equal proprietary interest in its properties.
(2) Such proprietary interest shall not, in any manner, be impaired or affected by reason of the deviation of such member from any orthodox custom or usage.
### 4. Duty of karnavan to keep accounts.
- The karnavan shall keep true and correct accounts of the income and expenditure of the illom. The accounts of each year shall be available for inspection at the illom house by the major anandra-vans once in a year throughout the month of Kanni following such year and any such anandravan may take copies of, or extracts from, such accounts.
### 5. [ Validation of sales, mortgages and leases.
[Substituted for the original section 5 by section 48 of the Malabar Tenancy (Amendment) Act 1951 (Tamil Nadu Act XXXIII of 1951).]
(1) No sale or mortgage of any immovable property of an illom and no lease of any such property either for a premium returnable wholly or in part or for a period exceeding twelve years shall be valid, unless it is executed by the karnavan for consideration, for illom necessity or benefit, and with the written consent of the majority of the major members of the illom.
(2) No lease of any immovable property of an illom in cases not referred to in sub-section (1) shall be valid unless it is executed by the karnavan, and where the Malabar Tenancy Act, 1929, [Tamil Nadu] Act XIV of 1930) confers fixity of tenure on the lessee, unless also the written consent of the majority of the major members of the illom, has been obtained to the lease.
(3) Nothing contained in sub-section (1) or sub-section (2) shall be deemed to affect the validity of any mortgage or lease executed on or before the 27th July 1950 in accordance with the law in force at the time of such execution.]
### 6. Debt contracted by karnavan binding on illom.
- No debt contracted or mortgage without possession executed by a karnavan shall bind the illom contracted unless the debt is contracted or the mortgage is executed for illom necessity.
### 7. Maintenance of members of illom.
- Every member of an illom, whether living in the illom house or not, shall be entitled to maintenance consistent with the income and the circumstances of the illom.
### 8. Relinquishment of karnavanship.
- Any karnavan may, by a registered document, give up his rights as karnavan.
[Chapter III]
[The Hindu Marriage Act, 1955 (Central Act 25 of 1955) has an overriding effect over any other law in force immediately before the commencement of that Act, vide section 4(b) thereof, in so far as that law is inconsistent with any of the provisions contained in that Act.]
Marriage
### 9. Right of Nambudri male to marry in his community.
- Notwithstanding any custom or usage to the contrary, every major male shall, subject to the provisions of section 5 of the [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
Marumakkattayam Act, 1932, [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
Act XXII of 1933) and any other law for the time being in force, be at liberty to marry in his own community.
### 10. Right of major Nambudri female to have her marriage performed and recover the marriage expenses and dowry.
(1) Any unmarried major female member of an illom who marries or has her marriage with a male belonging to her community performed with her consent by her father or any other member of her illom shall be entitled to recover from the illom properties, the reasonable expenses of such marriage as and well as her dowry:
Provided that not less that three months previous notice in writing of the marriage shall be given to the karnavan.
(2) The amount recoverable under sub-section (1) shall not exceed one-third of the value of the share which would fall to such female member if a division per capita of the properties of the illom were made among all the members thereof living on the date of the marriage, or rupees ten thousand, whichever is less:
Provided that where an illom consists of females only, the amount recoverable under this sub-section may extend to the full value of her share.
### 11. [Repealed by section 8 of the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 (Madras Act VI of 1949).]
### 12. [Repealed by section 8 of the Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 (Madras Act VI of 1949).]
### 13. Dowry to be separate property of Nambudri female.
- The dowry given to a Nambudri female or recovered by her under section 10 shall be her separate property.
[Chapter IV]
[The Hindu Minority and Guardianship Act, 1956 (Central Act 32 of 1956) has by virtue of section 5(b) thereof, an overriding effect over any other law in force immediately before the commencement of that Act in so far as that law is inconsistent with any of the provisions contained in that Act.]
Guardianship
### 14. Guardianship of minors.
(1) Subject to the provisions of sub-section (2), the following persons in the order named shall be the legal guardian of a minor, male or female, in respect of his or her person and separate property, namely, father, mother, full brothers in the order of seniority, paternal grandfather, paternal uncles in the order of seniority, fathers mother and consanguine brothers in the order of seniority.
(2) The husband shall be the legal guardian of his minor wife in respect of her person and separate property.
### 15. Saving of the operation of Guardians and Wards Act, 1890.
- Nothing contained in section 14 shall he deemed to affect the operation of the Guardians and Wards Act, 1890 (Central Act VIII of 1890).
[Chapter V]
[The Hindu Succession Act, 1956 (Central Act 30 of 1956) has, by virtue of section 4(b) thereof, an overriding effort over any other law in force immediately before the commencement of that Act in so far as that law is inconsistent with any of the provisions of that Act.]
Intestate Succession
### 16. Property as to which a person is considered to have died intestate.
- A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.
Illustrations
(i) A has left no will. He has died intestate in respect of the whole of his property.
(ii) A has left a will whereby he has appointed B his executor, but the will contains no other provisions. A has died intestate in respect of the distribution of his property.
(iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property.
(iv) A bequeathed Rs. 1,000 to B and Rs. 1,000 to the eldest son of C and made no other bequest and died leaving Rs. 2,000. C died before A without ever having had a son. A has died intestate in respect of the distribution of Rs. 1,000.
### 17. Devolution of property left by Nambudri male intestate.
- On the death, intestate of a Nambudri male, his property which is self-acquired or separate shall, subject to the provisions of section 30 of the [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
Marumakkattayam Act, 1932, [Tamil Nadu]
[Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.]
Act XXII of 1933) devolve in the order and according to the rules contained in sections 18, 19 and 20.
### 18. Where the intestate has left widow, children or lineal descendants.
- Where the intestate has left surviving him by a marriage or marriages in his own community one or more of the following relations, namely : -
(a) a widow or widows;
(b) a son or sons;
(c) an unmarried daughter or unmarried daughters; and
(d) a lineal descendant or descendants (other than married females) in the male line through a deceased son or sons,
the whole of the property shall belong to such surviving relation or relations.
### 19. Rules of distribution in cases falling under section 18.
- The distribution of the property among the heirs referred to in section 18 shall be made in accordance with the following rules : -
(i) The widow or, if there is more than one widow, each of the widows, shall be entitled to a share equal to that of a son or unmarried daughter.
(ii) Every son or unmarried daughter shall be entitled to an equal share:
Provided that if a son has pre-deceased the intestate, his lineal descendants in the male line (other than married females) shall be entitled to the share which such son would have taken had he survived the intestate.
(iii) The sons and unmarried daughters of a deceased son shall be entitled in equal shares to what their father would have taken he had survived the intestate:
Provided that if a son's son has pre-deceased the intestate, his lineal descendants in the male line (other than married females) shall be entitled to the share which such son's son would have taken had he survived the intestate.
(iv) In like manner, the property shall go to the surviving lineal descendants of the intestate in the male line (other than married females) where such descendants are in the degree of great-grandchildren or in a more remote degree.
Explanation. - The descendants of a son, son's son or other male descendant in the male line shall not be entitled to any share in such property, if such son, son's son or other descendant is alive at the time of the death of the intestate.
Illustrations
(1) Z dies intestate leaving two widows A and B, a son C, a grandson D by such son, a married daughter E, an unmarried daughter F and by a deceased son, a grandson G, a married granddaughter H and an unmarried granddaughter J. A, B, C and F each gets one-fifth of the property, G and J one-tenth each and D, E and H do not get any share.
(2) Z dies intestate leaving no widow, but leaving A a son, B an unmarried daughter, E a grandson and F an unmarried grand-daughter by a deceased son C, an unmarried granddaughter G by a deceased son D and two great grandsons H and J by a deceased son of D. A and B will each be entitled to one-fourth of the property, E and F will each be entitled to one-eighth, G will be entitled to one-eighth and H and J to one-sixteenth each.
(3) Z dies intestate leaving no widow or child, but leaving three grandsons A, B and C by a deceased son X and two unmarried granddaughters D and E by a deceased son Y. A, B and C will each be entitled to one-sixth and D and E will each be entitled to one-fourth of Z's property.
### 20. Devolution of property where the intestate has not left any of the heirs mentioned in section 18.
(1) Where the intestate has not left surviving him any of the heirs mentioned in section 18, the property shall devolve on the relations and in the order specified below : -
(1) Father;
(2) Mother;
(3) Brothers and sisters;
(4) Sons and unmarried daughters of brothers;
(5) Father's father;
(6) Paternal uncles;
(7) Sons of paternal uncles;
(8) Sister's children;
(9) Father's paternal grandfather;
(10) Father's paternal grandfather's descendants in the male line, the nearer excluding the more remote; and
(11) Father's remoter ascendants in the male line and their descendants, the nearer ascendant and his descendants excluding the more remote ascendant and his descendants and among the descendants of the same ascendant, the nearer excluding the more remote.
(2) Property devolving on two or more heirs under sub-section (1) shall be divisible among them equally.
### 21. Devolution of property left by a married Nambudri female intestate.
(1) On the death intestate of a married Nambudri female, her property which is self-acquired or separate shall devolve on the relations and in the order specified below : -
(1) Sons and daughters;
(2) Children of deceased sons;
(3) Sons of deceased daughters;
(4) Husband;
(5) Father;
(6) Mother;
(7) Brothers and sisters;
(8) Brothers and sisters children;
(9) Relations of her husband mentioned in section 18 and not included in clauses (1) and (2); and
(10) Relations of her husband mentioned in sub-section (1) of section 20 in the order specified therein.
(2) Property devolving on two or more heirs under sub-section (1) shall be divisible among them equally:
Provided that where the property devolves on the relations of the husband referred to in clause (9) of sub-section (1), it shall be divisible among them in accordance with the rules laid down in section 19.
### 22. Devolution of property left by a unmarried Nambudri female intestate.
- On the death intestate of an unmarried Nambudri female, the whole of her property which is self-acquired or separate shall devolve on her parents. In the absence of her parents, it shall devolve on her brothers and sisters in equal shares and in their absence it shall devolve on her illom.
Chapter VI
Partition
-------------------------
### 23. Right of member to claim petition.
(1) Any member of an illom, male or female, may claim to take his or her share of all the properties of the illom over which it has power of disposal and separate from the illom:
Provided that where a male member of an illom whose wife is also a member thereof claims to separate from the illom, he shall do so on behalf of himself and his wife and the shares of the husband and wife shall be allotted to them jointly; and save as provided in section 24, neither the husband nor the wife shall be entitled to claim partition from the other.
(2) (a)
A member of an illom separating from it under sub-section (1) shall be entitled to such share of the illom properties as would fall to him or her if a division per capita were made among all the members of the illom then living.
(b) A husband and wife separating from an illom under the proviso to subsection (1) shall be entitled to such share of the illom properties as would fall to them if a division per capita were made among all the members of the illom then living.
(3) No claim to separate from an illom made on behalf of a minor member shall be allowed by any Court unless it is satisfied that such separation would be to the benefit of such minor.
### 24. Partition on change of religion.
(1) Any member of an illom who has changed his or her religion may claim, or be compelled by any other member of the illom, to take his or her share of the illom properties and separate from the illom.
(2) The member who claims or is compelled to divide from the illom under sub-section (1) shall be entitled to such share of the illom properties as would fall to him or her if a division per capita were made among all the members of the illom then living.
### 25. Character of property taken on partition.
- The share obtained by any member separating from an illom under sub-section (1) of section 23 or under section 24 shall be the separate property of such member:
Provided that the share obtained by a husband and wife separating jointly under the proviso to sub-section (1) of section 23 shall be taken by them with the incidents of illom property.
Chapter VII
Miscellaneous
------------------------------
### 26. Saving.
- Nothing contained in this Act shall be deemed to affect any law, custom or usage applicable to Nambudri Brahmans except to the extent expressly laid down in this Act.
### 27. Application of the Act to certain communities.
- The provisions of this Act shall also apply to the following communities in the Malabar district who are not governed by the Marumakkattayam law of inheritance and who follow customs and usages similar to those of the Nambudris, namely, Adigal, Elayads, Moosads, Pitarans and Numbissans.
|
65b93eb4ab84c7eca86e8b5f | acts |
State of Odisha - Act
-----------------------
The Orissa Merged States (Laws) Act, 1950
-------------------------------------------
ODISHA
India
The Orissa Merged States (Laws) Act, 1950
===========================================
Act 4 of 1950
---------------
* Published on 31 December 1947
* Commenced on 31 December 1947
The Orissa Merged States (Laws) Act, 1950
Orissa Act
No. 4 of 1950
For Statement of Objects and Reasons, see Orissa Gazette Extraordinary/4.1.1950 and for Proceedings in the Assembly, see Proceedings of the Orissa Legislative Assembly, 1950, Volume XI, pages 7985 and 112-131.
An Act to extend certain Acts and Regulations to certain areas administered as part of the State of Orissa.
Whereas by orders under Section 290-A of the Government of India Act, 1935, provision has been made for the administration of certain areas as if they form part of the State of Orissa;
And whereas it is expedient to provide that certain laws should be extended to and by virtue of such extension, be in force in the said areas;
It is hereby enacted as follows :
### 1. Short title.
- This Act may be called the Orissa Merged States (Laws) Act, 1950.
### 2. Commencement.
- It shall come into force at once.
### 3. Definitions.
- The expressions 'absorbing Province', 'merged State and 'laws' shall have the same meaning as in the States' Merger (Governors' Provinces) Order, 1949.
### 4. Extension of laws.
- All the Acts and Regulations specified in the Schedule are hereby extended to, and shall be in force, in the areas merged in the absorbing State of Orissa and now administered as part thereof and so much of any of the said Acts and Regulations as relates to matters with respect to which the State Legislature has power to make laws, subject to such modifications or amendments as set forth in the said Schedule, is hereby extended to and shall be in force in all such areas (hereinafter referred to as the merged States).
### 5. Repeal of corresponding laws.
- If immediately before the commencement of this Act there is in force in any of the merged States an Act, Regulation or other law corresponding to an Act or Regulation specified in the Schedule, whether by virtue of an Order under the Extra-Provincial Jurisdiction Act, 1947 (XLVII of 1947), applying that Act or Regulation or by virtue of any other legislative power, such corresponding laws shall, upon the commencement of this Act cease to have effect to the extent to which the law relates to matters with respect to which the State Legislature has power to make' laws.
### 6. Savings.
(1) The repeal by Section 5 of this Act, of any corresponding law in force in the merged States immediately before the commencement of this Act shall not affect-
(a) the previous operation of any such law; or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any such law; or
(c) any investigation, legal proceeding or remedy in respect of any such penalty, forfeiture or punishment ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
(2) Subject to the provisions of Sub-sections (1) and (3), anything done or any action taken, including any appointment or direction issued, rule, regulation form, bye-law or scheme framed, certificate, patent, permit or licence granted or registration effected, under such corresponding law shall be deemed to have been done or taken under the corresponding provision of the Act or Regulation as now extended to, and in force in the merged States and shall continue in force accordingly unless and until superseded by anything done or any action taken under the said Act or Regulation.
(3) All rules, notifications, orders, bye-laws and regulations made or issued under any of the Acts or Regulations specified, in the Schedule whether before or after the date of this Act in exercise of the powers conferred by or under any such Act or Regulation shall, unless they have been applied immediately before the commencement of this Act, apply to the merged States in the same manner as they applied to the State of Orissa before the merger, subject to such modifications not affecting the substance as may be necessary.
### 7. Modification of Tenancy Laws in force in the merged States.
- Notwithstanding anything contained in the tenancy laws of the merged States as continue in force by virtue of Article 4 of the States Merger (Governor's Provinces) Order, 1949-
(a) all suits and proceedings between landlord and tenant as such shall be instituted and tried in Revenue Courts
Explanation - In this clause the expression 'landlord' shall mean a person immediately under whom a tenant holds land, and the expression 'tenant' shall mean 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 that person;
(b) an occupancy tenant shall be entitled-
(i) to freely transfer his holding subject to the restriction that no transfer of a holding from a member of an aboriginal tribe to a member of a non-aboriginal tribe shall be valid unless such transfer is made with the previous permission of the Sub-divisional Office' concerned;
(ii) to have full right over all kinds of trees standing on his holding;
(iii) to use the land comprised in the holding in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy;
(iv) to the benefit of the presumption by any Court that the rent for the time being payable by him is fair and equitable until the contrary is approved;
Explanation - (i) An 'occupancy tenant' means tenant or a raiyat having occupancy right in his holding under the tenancy laws continued in force in the merged States;
(ii) an 'aboriginal tribe' means any tribe that may from time to time be notified as such by the State Government;
(c) where a rent of an occupancy tenant is payable in cash it shall not be liable to be enhanced except in accordance with the tenancy laws continued in force in the merged State concerned;
(d) an occupancy tenant shall not be liable to eviction from his holding except in execution of a decree for ejectment passed on the ground that-
(i) he has used the land comprised in his holding in a manner which renders it unfit for the purposes of the tenancy; or
(ii) he has broken a condition consistent with the provisions of the tenancy laws in force in the merged State concerned and on breach of which he is under the terms of contract between himself and his landlord, liable to be rejected;
(e) the interest of an occupancy tenant in his holding shall on his death pass by inheritance of survivorship in accordance with his personal law;
(f) "Sukhbasi" shall be entitled to the rights of an occupancy tenant over his homestead notwithstanding any law or custom to the contrary;
Explanation - a "Sukhbasi" means any person holding only homestead whether or not recorded in the settlements paper as "Ghar", "Bari" or "Gharbari" or a person who is granted land by the Thekadar or by a competent Revenue Officer for the purpose of using it as homestead-
(g) when land is held as service-tenure, either under the rule or any member of his family the liability of the holder of such tenure to render service for the use and occupation thereof shall cease, and he shall, on payment of such rent as may be assessed by the Sub-divisional Officer having jurisdiction or any other officer not below the rank of Sub-deputy Collector authorised by the Collector in this behalf as fair and equitable/acquire occupancy right therein;
(h) when a person holds khamar, nij-jote or any other private lands of a ruler, which has been recognised as such by the State Government, he shall not be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by the Sub-divisional Officer having jurisdiction or any other officer not below the rank of a Sub-deputy Collector authorised by the Collector in this behalf and thereupon he shall acquire right of occupancy in respect of such lands.
Explanation - For the purposes of this section "Sub-divisional Officer" shall mean the principal Revenue Officer of a sub-division.
### 8. Powers of Courts and authorities for purposes of facilitating application of laws.
- For the purpose of facilitating the application in any of the merged States of any Act or Regulation specified in the Schedule, any Court or other authority may construe any such Act or Regulation with such alterations, not affecting the substance, as may be necessary or proper to adopt it to the matter before the Court or other authority.
### 9. Repeal.
- The Orissa Merged States (Laws) Ordinance, 1949 (Orissa Ordinance No. IV of 1949) is hereby repealed.
Schedule
----------
| | | | |
| --- | --- | --- | --- |
|
Year
|
Number
|
Short title
|
Modification or amendment
|
|
Central Acts
|
|
[1850
[Inserted vide Orissa Act No. 16 of 1985.]
|
XII
|
The Public Accountants Default Act, 1850]
|
...
|
|
1851
|
VIII
|
The Indian Tolls Act, 1851
|
...
|
|
1853
|
XIX
|
The Recusant Witnesses Act, 1853
|
...
|
|
1859
|
IX
|
The Forfeiture Act, 1859
|
...
|
|
1861
|
V
|
The Police Act, 1861
|
(a) To Section 8 the following proviso shall be
added, namely :
|
|
|
|
|
"Provided that every Police Officer
appointed to the police force in any merged State prior to the
31st December, 1947 or 1948 and continued in service after that
date shall, till the 1st March, 1948 or 1949 be deemed to be a
Police Officer for the purposes of this Act, but after the
latter date he shall cease to be a Police Officer unless he is
enrolled under this section."
|
|
|
|
|
(b) In Section 46-
|
|
|
|
|
Sub-section (1) and the first fourteen words of
Sub-section (2) shall be omitted.
|
|
1864
|
XV
|
The Indian Tolls Act, 1864
|
...
|
|
1867
|
XXII
|
The Sarais Act, 1867
|
...
|
|
1870
|
VII
|
The Court-fees Act, 1870
|
(a) As subsequently amended in its application to
the State of Orissa.
|
|
|
|
|
(b) Omit the second and third paragraphs of
Section 1 and Section 1-A.
|
|
|
|
|
(c) For the words "appropriate Government"
where ever they occur the words "State Government"
shall be substituted.
|
|
1870
|
VIII
|
The Female Infanticide Prevention Act, 1870
|
Omit Section 7
|
|
1871
|
I
|
The Cattle Trespass Act, 1871
|
In Section 6 for "State Government"
substitute "Magistrate of the district."
|
|
1879
|
VI
|
The Elephants Preservation Act, 1879
|
Omit the second and third paragraphs of Section 1.
|
|
1879
|
XVIII
|
The Legal Practitioner's Act, 1879
|
(a) Omit the third paragraph of Section 1
|
|
|
|
|
(b) As amended by the Orissa Act VI of 1938.
|
|
|
|
|
(c) For the words "the Chief Controlling
Revenue Authority" wherever they occur the words "the
Commissioner, Northern Division or the Revenue Commissioner, as
the case may be," shall be substituted.
|
|
|
|
|
(d) After Section 41 the following Section shall
be inserted, namely :
|
|
|
|
|
"42. Savings- Until other provisions
are made by or under this Act -
|
|
|
|
|
(1) all persons enrolled as Advocates in the
Register of any High Court in the merged States and all the
Pleaders in the merged State of Mayurbhanj who were enrolled as
such and who practised as Advocates in the defunct High Court of
Mayurbhanj shall be deemed to be Advocates for the purposes of
this Act;
|
|
|
|
|
(2) all persons enrolled as Pleaders under the
authority of such a High Court and such other persons who were
in the list of Pleader^ in any of the merged States on the 31st
December, 1947 or 1948, as the case may be, and are found fit to
continue to practise as such by the High Court of Orissa for
such period or periods as it considers necessary subject to such
terms and conditions as may be imposed in that behalf by the
said High Court shall be deemed to be Pleaders for the purposes
of this Act; and
|
|
|
|
|
(3) all persons who have passed the Mukhtarship
examination held under the authority of the High Court of Patna
or Calcutta or the Mukhtarship examination conducted by a Board
constituted in any of the merged States and were practising as
Mukhtars as also all persons who were in the list of Mukhtars in
any of the merged States on the 31st December, 1947 or 1948,.as
the case may be, and are found fit to continue to practise as
such by the High Court of Orissa for such period or periods as
it considers necessary, subject to such terms and conditions as
may be imposed in that behalf by the said High Court shall be
deemed to be Mukhtars for the purposes of this Act."
|
|
1883
|
XIX
|
The Land Improvement Loans Act, 1883
|
(a) Omit Sub-section (2) of Section 1.
|
|
|
|
|
(b) In Section 3 after the words "a district"
the words "the District Magistrate" shall be inserted.
|
|
1884
|
XII
|
The Agriculturists Loans Act, 1884
|
(a) Omit Sub-section (2) of Section 1.
|
|
|
|
|
(b) As amended by Orissa Act VI of 1937.
|
|
1887
|
XII
|
The Bengal, Agra and Assam Civil Courts Act, 1887
|
(a) For Section 2, the following section shall be
substituted, namely :
|
|
|
|
|
"2. Savings- (1) All Courts
(whether known as Courts of Munsifs or Subordinate Judges or by
any such expression) other than the Courts of the Subordinate
Judge with unlimited pecuniary jurisdiction or the Additional
Judge or the District Judge constituted appointments,
nominations, rules and orders made, jurisdiction and powers
conferred and lists published under any enactment for the time
being in force in any merged State relating to Civil Court,shall
be deemed to have been respectively constituted, made, conferred
and published under this Act.
|
|
|
|
|
(2) Any enactment or instrument referring to
any law relating to Civil Courts which was repealed either
partially or wholly by the application of this Act shall be
construed as referring to this Act or to the corresponding
provisions thereof."
|
|
1892
|
X
|
The Government Management of Private Estates Act, 1892
|
...
|
|
1894
|
I
|
The Land Acquisition Act, 1894
|
Omit Sub-sections (2) and (3) of Section 1.
|
|
1897
|
VIII
|
The Reformatory Schools Act, 1897
|
...
|
|
1897
|
XIV
|
The Indian Short Titles Act, 1897
|
...
|
|
1898
|
V
|
The Code of Criminal Procedure, 1898
|
(a) In Section 30 after the words "and Assam"
the words "in the merged States" shall be inserted.
|
|
|
|
|
[\* \* \*]
|
|
|
|
|
(b) In Sub-section (1) of Section 503 after the
words "such attendants and" the words "if such
witness resides in any State of India or in any area to which
this Code has been applied" shall be inserted.
|
|
1899
|
II
|
The Indian Stamp Act, 1899
|
As subsequently amended in its application to the
State of Orissa.
|
|
1899
|
XIII
|
The Glanders and Farcy Act, 1899
|
In Section 10 after the word "Inspector"
the words "the Officer-in-charge of a police station"
shall be inserted.
|
|
1912
|
VIII
|
The Wild Birds and Animals Protection Act, 1912
|
...
|
|
1927
|
XVI
|
The Indian Forest Act, 1927
|
Omit Sub-section (2) and (3) of Section 1.
|
|
1937
|
XVIII
|
The Hindu Women's Right to Property Act, 1937
|
As subsequently amended in its application to the
State of Orissa.
|
|
State Acts
Bengal
|
|
1855
|
XXXII
|
The Bengal Embankment Act, 1855
|
As subsequently amended in its application to the
State of Orissa.
|
|
1867
|
II
|
The Bengal Public Gambling Act, 1867
|
...
|
|
1873
|
IV
|
The Bengal Births and Deaths Registration Act, 1873
|
...
|
|
1875
|
V
|
The Bengal Survey act, 1875
|
...
|
|
1882
|
II
|
The Bengal Embankment Act, 1882
|
...
|
|
Bihar and Orissa
|
|
1885
|
I
|
The Bengal Ferris Act, 1885
|
...
|
|
1914
|
IV
|
The Bihar and Orissa Public Demands Recovery Act, 1914
|
...
|
|
1915
|
II
|
The Bihar and Orissa Excise Act, 1915
|
As subsequently amended in its application to the
State of Orissa.
|
|
1920
|
II
|
The Bihar and Orissa Places of Pilgrimage Act, 1920
|
...
|
|
1920
|
IV
|
The Bihar and Orissa Mining Settlements Act, 1920
|
...
|
|
1922
|
VII
|
The Bihar and Orissa Municipal Act, 1922
|
As subsequently amended in its application to the
State of Orissa.
|
|
1923
|
VI
|
The Bihar and Orissa State aid to Industries Act, 1923
|
Ditto
|
|
1926
|
I
|
The Bihar and Orissa Mussalman Wakf (Amendment) Act, 1926
|
...
|
|
1930
|
II
|
The Bihar and Orissa Motor Vehicles Taxation Act, 1930
|
As subsequently amended in its application to the
State of Orissa.
|
|
1935
|
VI
|
The Bihar and Orissa Co-operative Societies Act, 1935
|
As subsequently amended in its application to the
State of Orissa.
|
|
Orissa
|
|
1937
|
I
|
The Orissa General Clauses Act, 1937
|
...
|
|
1937
|
III
|
The Orissa Ministers Salaries Act, 1937
|
As subsequently amended.
|
|
1937
|
IV
|
The Orissa Legislative Assembly Speaker's and Deputy
Speaker's Salaries Act, 1937
|
Ditto
|
|
1938
|
II
|
The Orissa Legislative Assembly Members' Salaries and
Allowances Act, 1938
|
As subsequently amended.
|
|
1938
|
III
|
The Orissa Co-operative Land Mortgage Bank Act, 1938
|
Ditto
|
|
1938
|
V
|
The Orissa Small Holder's Relief Act, 1938
|
...
|
|
1938
|
VII
|
The Orissa Nurses and Midwives Registration Act, 1938
|
Ditto
|
|
1938
|
X
|
The Orissa Prevention of Adulteration and Control of Sale of
Food Act, 1938
|
...
|
|
1939
|
II
|
The Opium (Orissa Amendment) Act, 1939
|
...
|
|
1938
|
III
|
The Orissa Money-Lenders Act, 1939
|
As subsequently amended.
|
|
1938
|
IV
|
The Orissa Hindu Religious Endowments Act, 1939
|
...
|
|
1939
|
VII
|
The Orissa Prohibition Act, 1939
|
...
|
|
1943
|
VIII
|
The Orissa Weights and Measures Act, 1943
|
...
|
|
1943
|
XIII
|
The Utkal University Act, 1943
|
As subsequently amended.
|
|
1944
|
V
|
Hindu Women's Right to Property (Exertion to Agricultural
Land in Orissa) Act, 1944
|
...
|
|
1946
|
V
|
The Orissa Entertainments Tax Act, 1946
|
As subsequently amended.
|
|
1946
|
VI
|
The Orissa Drugs Advertisements Control Act, 1946
|
...
|
|
1946
|
VII
|
The Orissa Military Police Act, 1946
|
...
|
|
1946
|
IX
|
The Orissa Motor Spirit (Taxation on Sales) Act, 1946
|
...
|
|
1946
|
XI
|
The Orissa Removal of Civil Disabilities Act, 1946
|
...
|
|
1947
|
I
|
The Orissa Essential Articles Control and Requisitioning
(Temporary Powers) Act, 1947
|
...
|
|
1947
|
V
|
The Orissa House Rent Control Act, 1947
|
As subsequently amended.
|
|
1947
|
VIII
|
The Orissa Preservation of Private Forests Act, 1947
|
For Section 3 the following section shall be
substituted, namely :
|
|
|
|
|
"it shall come into force in such areas, and
from such date as the State Government may by notification from
time to time, direct".
|
|
1947
|
XI
|
The Orissa Temple Entry Authorisation and Indemnity Act, 1947
|
For Sub-section (3) of Section 1 the following
sub-section shall be substituted, namely:
|
|
|
|
|
"(3) Section 1 shall come into force at once
and the remaining sections shall come into force in such areas
and on such date or dates as the State Government may, by
notification appoint."
|
|
1947
|
XIV
|
The Orissa Sales Tax Act, 1947
|
...
|
|
1947
|
XVI
|
The Orissa Opium Smoking Act, 1947
|
...
|
|
1947
|
XXIV
|
The Orissa Agricultural Income-tax Act, 1947
|
...
|
|
1947
|
XXVI
|
The Orissa Court of Wards Act, 1947
|
...
|
|
1947
|
XXXVI
|
The Orissa Motor Vehicles (Regulation of Stage Carriage and
Public Carrier's Services) Act, 1947
|
...
|
|
1948
|
I
|
The Orissa Communal Forest and Private Lands (Prohibition of
Alienation) Act, 1949
|
...
|
|
1948
|
III
|
The Orissa Tenants Protection Act, 1948
|
As subsequently amended.
|
|
1948
|
IV
|
The Orissa Maintenance of Public Order Act, 1948
|
Ditto
|
|
1948
|
V
|
The Orissa Local Fund Audit Act, 1948
|
...
|
|
1948
|
VIII
|
The Orissa Revenue Commissioner's (Regulation of Functions)
Act, 1948
|
...
|
|
1948
|
X
|
The Orissa Compulsory Labour Act, 1948
|
For Sub-section (3) of Section 1 the following
sub-section shall, be substituted, namely:
|
|
|
|
|
"(3) It shall come into force on such date as
the State Government may, by notification, direct."
|
|
1948
|
XI
|
The Orissa Temple Entry Authorisation Act, 1948
|
...
|
|
1948
|
XV
|
The Orissa Grama Panchayat Act, 1948
|
...
|
|
1948
|
XVIII
|
The Orissa Development of Industries, Irrigation,
Agriculture, Capital" Construction and Resettlement of
Displaced Persons (Land Acquisition) Act, 1948
|
...
|
|
1948
|
XIX
|
The Land Acquisition (Orissa Amendment) Act, 1948
|
...
|
|
1949
|
I
|
The Orissa Motor Vehicles (Amendment) Act, 1949
|
...
|
|
1949
|
IV
|
The Orissa Local Authorities Census Expenses Contribution
Act, 1949
|
...
|
|
1949
|
VII
|
The Orissa Mohammedan Marriages and Divorces Registration
Act, 1949
|
...
|
|
1949
|
VIII
|
The Orissa Animal Contagious Diseases Act, 1949
|
...
|
|
Regulations
|
|
1936
|
II
|
The Orissa Medical Regulation 1936
|
...
|
|
1937
|
IV
|
The Orissa Criminal Procedure (Election Offences) Amendment
Regulation, 1937
|
...
|
|
1937
|
XI
|
The Orissa Ports Regulation, 1937
|
...
|
|
1937
|
XII
|
The Orissa Famine Relief Fund Regulation, 1937
|
...
|
|
1942
|
I
|
The Indian Post Office (Orissa Amendment) Regulation, 1942
|
...
|
|
1948
|
I
|
The Orissa Debt Bondage Abolition Regulation, 1948
|
...
|
|
65b9c6d3ab84c7eca86e9f17 | acts |
State of Madhya Pradesh - Act
-------------------------------
Madhya Bharat Births, Deaths and Marriages Registration Act (Adoption Act), 1953
----------------------------------------------------------------------------------
MADHYA PRADESH
India
Madhya Bharat Births, Deaths and Marriages Registration Act (Adoption Act), 1953
==================================================================================
Act 23 of 1953
----------------
* Published on 10 October 1953
* Not commenced
An Act to provide for the voluntary registration of certain birth and deaths, for the establishment of General Registry Offices for keeping Registers of certain births, deaths and marriages and for certain other purposes in Madhya Bharat.
Be it enacted as follows :
### 1. Short title, extent and commencement.-
(1) This Act may be called The Madhya Bharat Births, Deaths and Marriages Registration Act, (Adoption Act), 1953.
(2) It shall extend to the whole of [Madhya Bharat region].
(3) It shall come into force on such date as the Government may notify in this behalf.
### 3. Adoption of the Births, Deaths and Marriages Registration Act, 1986.-
On and from the date of commencement of this Act, the Births, Deaths and Marriages Registration Act, 1886 (No. VI of 1886) as amended up to the date of the said commencement is for the purposes of this Act adopted mutatis mutandisas the Births, Deaths and Marriages Registration Act of Madhya Bharat. All the modifications which may, in future, be effected, from time to time, in the said Act shall mutatis mutandis be deemed to have been automatically and simultaneously affected in the Births, Deaths and Marriages Registration Act of Madhya Bharat also :
Provided that in case where a corresponding law exists in Madhya Bharat all the references to any Indian Law in the Births, Deaths and Marriages Registration Act, 1886, shall be deemed to be references to that corresponding law of Madhya Bharat.
### 3. Repeal.- As soon as this Act comes into force all laws and other provisions having the force of law relating to registration of births, deaths and marriages, for the time being in force in any part of Madhya Bharat, shall stand repealed :
Provided that all actions taken and orders passed under them shall be deemed to have been taken or passed under this Act.
|
65ba8f67ab84c7eca86ec120 | acts |
Union of India - Act
----------------------
Multi State Co-Operative Societies Act, 1984
----------------------------------------------
UNION OF INDIA
India
Multi State Co-Operative Societies Act, 1984
==============================================
Act 51 of 1984
----------------
* Published on 18 August 1984
* Commenced on 18 August 1984
Multi State Co-Operative Societies Act, 1984
(Act
No. 51 of 1984
)
Last Updated 25th January, 2020
[Dated 18.08.1984]
An Act to consolidate and amend the law relating to co-operative societies with objects not confined to one State and serving the interests of members in more than one State.
Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:-
### 1. Short Title, Extent and Commencement.
(1) This Act may he called The Multi-State Co-operative Societies Act, 1984.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may by notification in the Official Gazette, appoint.
### 2. Application.
- This Act shall apply to -
(a) all co-operative societies, with objects not confined to one State, which were incorporated before the commencement of this Act.
(i) under the Co-operative Societies Act, 1912 or
(ii) under any other law relating to co-operative societies in force in any State per in pursuance of the Multi-unit, Co-operative Societies Act, 1942, and the registration of which has not been cancelled before such commencement: and
(b) all multi-State Co-operative Societies.
### 3. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "board" means the board of directors or the governing body of a multi State co-operative society by whatever name called, to which the direction and control of the management of the affairs of the society is entrusted:
(b) "bye-laws" means the bye-laws for the time being in force which have been duly registered under this Act and includes amendments thereto which have been duly registered under this Act:
(c) "Central Registrar" means the Central Registrar of Co-operative Societies appointed under sub-section (1) of Section 4 and includes any officer empowered to exercise the powers of the Central Registrar under sub-section (2) of that section:
(d) "Chief Executive" means a Chief Executive of a multi-State cooperative society appointed under Section 44.
(e) "co-operative bank" means a multi-State co-operative society which undertakes banking business:
(f) "co-operative principles" means the co-operative principles specified in the First Schedule:
(g) "co-operative society" means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State:
(h) "co-operative year", in relation to any multi-State co-operative society or class of such societies. means the year ending on the 30th day of June and where the accounts of such society or class of such societies are with the previous sanction of the Central Registrar, balanced on any other day, the year ending on such day:
(i) "Deposit Insurance Corporation" means the Deposit Insurance and Credit Guarantee Corporation established under section 3 of the Deposit Insurance Corporation Act, 1961:
(j) "member" means a person joining in the application for the registration of a multi-State Co-operative society and includes a person admitted to membership after such registration in accordance with the provisions of this Act the rules and the bye-laws:
(k) "multi-State co-operative society" means a society registered or deemed to be registered under this Act and includes a national cooperative society:
(l) "multi-State co-operative society with limited liability" means a society having the liability of its members limited by its bye-laws to the amount, if any unpaid on the shares respectively held by them or to such amount as they may respectively, thereby undertake to contribute lo the assets of the society, in the event of its being wound up:
(m) "national co-operative society" means a multi-State co-operative society specified in the Second Schedule;
(n) "notification" means a notification published in Official Gazette:
(o) "officer means a president, vice-president, chairman, vice-chairman, managing director, secretary, manager, member of a board, treasurer, liquidator, an administrator appointed under Section 48 and includes any other person empowered under this Act or the rules or the bye-laws to give directions in regard to the business of a multi-State co-operative society;
(p) "prescribed" means prescribed by rules:
(q) "Reserve Bank" means the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934:
(r) "rules" means the rules made under this Act.
### 4. Central Registrar.
(1) The Central Government may appoint a person, to be the Central Registrar of Cooperative Societies and may appoint such other persons as it may think fit to assist the Central Registrar.
(2) The Central Government may by notification, direct that any power exercisable by the Central Registrar under this Act (other than the power of registration of a multi-State cooperative society) shall in relation to such society, and such matters as may be specified in the notification be exercisable also by any other officer of the Central Government or of a State Government as may be authorised by the Central Government subject to such conditions as may be specified therein :
Provided that no officer of a State Government shall be empowered to exercise such power in relation to a national co-operative society :
Provided further that no officer of a State Government below the rank of the Registrar of Co- operative Societies shall be empowered to exercise any power exercisable by the Central Registrar under Section 87.
### 5. Multi-State Co-Operative Societies which may be Registered.
(1) No multi-State co- operative society shall be registered Under this Act unless the main objects of the society are to serve the interests of members in more than one State.
(2) Subject to the provisions of sub-section (1), a multi-State cooperative society which has as its objects the promotion of the economic and social betterment of its members through mutual aid in accordance with the co-operative principles or a multi-State co-operative society established with the object of facilitating the operations of other such societies or of cooperative societies or of both may be registered under this Act.
(3) The word "Limited" or its equivalent in any Indian language shall be suffixed to the name of every mulli-State co-operative society registered under this Act with limited liability.
### 6. Application for Registration.
(1) For the purposes of registration of a multi-State co- operative society under this Act an application shall be made to the Central Registrar in such form and with such particulars as may he prescribed.
(2) The application shall be signed -
(a) in the case of a multi-State co-operative society of which all the members arc individuals, by at least fifty persons from each of the States concerned:
(b) in the case of a multi-State co-operative society of which the members arc co-operative societies, by duly authorised representatives on behalf of at least two such societies as are not registered in the same State, and
(c) in the case of a multi-State co-operative society of which another multi-Stale co-operative society and other co-operative societies are members, by duly authorised representatives of each of such societies:
Provided that not less than two of the co-operative societies referred to in clause (b) or clause (c), as the case may be, shall be such as are not registered in the same State.
(3) The application shall be accompanied by four copies of the proposed bye-laws of the multi-State co-operative society and the persons by whom or on whose behalf such application is made shall furnish such information in regard to the society as the Central Registrar may require.
### 7. Registration.
(1) If the Central Registrar is satisfied -
(a) that the application complies with the provisions of this Act and the rules.
(b) that the proposed multi-Slate co-operative society satisfies the basic criterion that its objects are to serve the interests of members in more than one Slate:
(c) that there is no other multi-State co-operative society having similar area of operation and identical objects:
(d) that the proposed bye-laws arc not contrary to the provisions of this Act and the rules: and
(e) that the proposed multi-State co-operative society has reasonable prospects of becoming a viable unit. he may register the multi-State cooperative society and its bye-laws,
(2) Where the Central Registrar refuses to register a multi-State cooperative society, he shall communicate the order of refusal together with the reasons therefor, to such number of the applicants and in such manner as may he prescribed.
(3) The application for registration shall be disposed of by the Central Registrar within a period of six months from the date of receipt thereof by him:
Provided that if the Central Registrar is unable to dispose of the application within the period aforesaid. he shall make a report to the Central Government staling therein the reasons for his inability to do and the Central Government may allow him such further period or period as is considered necessary lo dispose of such application.
### 8. Registration Certificate.
- Where a multi-State co-cooperative society is registered under this Act, the Central Registrar shall issue a certificate of registration signed by him which shall be conclusive evidence that the society therein mentioned is duly registered under this Act unless it is proved that the registration of the society has been cancelled.
### 9. Amendment of bye-laws of a Multi-State Co-Operative Society.
(1) No amendment of any bye-laws of a multi-State co-operative society shall he valid, unless such amendment has been registered under this Act.
(2) Every proposal for such amendment shall he forwarded to the Central Registrar and if the Central Registrar is satisfied that the proposed amendment-
(a) is not contrary to the provisions of this Act or of the rules:
(b) does not conflict with co-operative principles: and
(c) will promote the economic interests of the members of the multi-State co-operative society. he may register the amendment within a period of six months from the date of receipt thereof by him:
Provided that if the Central Registrar is unable to register the amendment within the period aforesaid he shall make a report to the Central Government staling therein the reasons for his inability to do so and the Central Government may allow him such further period or periods as is considered necessary to register the amendment.
(3) The Central Registrar shall forward to the multi-State co-operative society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been duly registered.
(4) Where the Central Registrar refuses to register an amendment of the bye-laws of a multi-State co-operative society, he shall communicate the order of refusal together with the reasons therefor to the Chief Executive of the society in the manner prescribed within seven days from the date of such refusal.
### 10. When Amendment of bye-laws comes into force.
- An amendment of the bye-laws of a multi-State co-operative society shall, unless it is expressed to come into operation on a particular day come into force on the day on which it is registered.
### 11. Change of name.
(1) A multi-State co-operative society may. by an amendment of its bye-laws, change in name hut such change shall not affect any right or obligation of the multi-State co-operative society or of any of its members or past members, and any legal proceedings which might have been continued or commenced by or against the multi-State co-operative society by its former name may be continued or commenced by or against its new name.
(2) Where a multi-State co-operative society changes its name the Central Registrar shall enter the new name on the register of multi-State co-operative societies in place of the former name and shall amend the certificate of registration accordingly.
### 12. Change of address.
- Every multi-State co-operative society shall have a principal place of business and an address registered in the manner prescribed lo which all notices and communications may be sent and any change in the principal place of business of a multi-State co-operative society shall be made with the previous approval of the Central Registrar.
### 13. Liability.
(1) No multi-State co-operative society with unlimited liability shall be registered after the commencement of this Act :
Provided that where a multi-unit co-operative society with unlimited liability was functioning before the commencement of this Act such a society shall exercise the option within a period of one year from such commencement either to continue to function as such or to convert itself into a multi-State cooperative society with limited liability by following the procedure specified in sub-sections (2) to (4).
(2) Subject to the provisions of this Act and the rules, a multi-unit cooperative society may, by an amendment of its bye-laws, change the extent of its liability.
(3) When a multi-unit co-operative society has passed a resolution to change the extent of its liability, it shall give notice thereof in writing to all its members and creditors, and, notwithstanding anything contained in the bye-laws or contract to the contrary any member or creditor shall during the period of one month from the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans as the case may be.
(4) Any member or creditor who does not exercise his option within the period specified in sub-section (3) shall be deemed lo have assented to the change.
(5) An amendment of a bye-law of a multi-unit co-operative society changing the extent of its liability shall not be registered or shall not take effect until either
(a) the assent thereto of all members and creditors has been obtained: or
(b) all claims of members and creditors who exercise the option referred to in sub-section (3) within the period specified therein have been met in full or otherwise satisfied.
### 14. Amalgamation or transfer of assets and liabilities or division of multi-state co-operative societies.
(1) A multi-State co-operative society may. with the prior consultation of the Central Registrar and by a resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting of the society held for the purpose, -
(a) transfer its assets and liabilities in whole or in part to any other multi-State co-operative society or co-operative society:
(b) divide itself into two or more multi-State co-operative societies:
(c) divide itself into two or more co-operative societies.
(2) Any two or more multi-State co-operative societies may with the prior consultation of the Central Registrar and by a resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting of each such society, amalgamate themselves and form a new multi-State co-operative society.
(3) The resolution of a multi-State co-operative society under sub-section (1) or sub-section (2) shall contain all particulars of the transfer or division or amalgamation as the case may be :
Provided that in the case of a co-operative bank, the Central Registrar shall not accord approval to any such resolution without the previous sanction in writing of the Reserve Bank.
(4) When a multi-State co-operative society has passed a resolution under sub-section (1) or sub-section (2), it shall give notice thereof in writing lo all the members and creditors and, notwithstanding anything contained in the bye-laws or contract to the contrary, any member or creditor, shall, during the period of one month of the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be.
(5) Any member or creditor who does not exercise his option within the period specified in sub-section (4) shall be deemed to have assented to the proposals contained in the resolution.
(6) (a)
A resolution passed by a multi-State co-operative society under this section shall not take effect until the assent thereto of all the members and creditors has been obtained.
(b) The multi-State co-operative society shall make arrangements for meeting in full or otherwise satisfying all claims of the members and creditors who exercise the option within the period specified in sub-section (4).
(7) On receipt of an application for the registration of new societies formed by division in accordance with the resolution passed under subsection (1) or of a new society formed by amalgamation in accordance with the resolution passed under sub-section (2), the Central Registrar, on being satisfied that the resolution has become effective under sub-section (6) shall, unless for reasons to be recorded in writing he thinks fit to refuse so to do, register the new societies or society, as the case may be, and the bye-laws thereof.
(8) On the issue of an order under sub-section (7), the provisions of section 17, shall, so far as may be, apply to the multi-State cooperative society so divided or the multi-State co-operative societies so amalgamated.
(9) Where a resolution passed by a multi-State co-operative society under this section involves the transfer of any assets and liabilities, the resolution shall, notwithstanding anything contained in any other law for the time being in force, be a sufficient conveyance to vest the assets and liabilities in the transferee without any further assurance.
### 15. Central Registrar to prepare scheme of amalgamation or reorganisation of co-operative bank in certain cases.
- When an order of moratorium has been made by the Central Government under sub-section (2) of section 45 of the Banking Regulation Act, 1949 in respect of a co-operative bank, the Central Registrar, with the previous approval of the Reserve Bank in writing, may, during the period of moratorium, prepare a scheme -
(a) for the amalgamation of the co-operative bank with any other co-operative bank; or
(b) for the reorganisation of the co-operative bank.
### 16. Liability of a Co-Operative Bank to the Deposit Insurance and Credit Guarantee Corporation.
- Notwithstanding anything contained in section 14 or any other provision of this Act, where a co-operative bank, being an insured bank within the meaning of the Deposit Insurance and Credit Guarantee Corporation Act, 1961, is amalgamated or reorganised and the Deposit Insurance Corporation has become liable to pay the depositors of the insured bank under subsection (2) of Section 16 of that Act, the bank with which such insured bank is amalgamated, or the new co-operative bank formed after such amalgamation, or, as the case may be, the insured bank or transferee bank shall be under an obligation to repay to the Deposit Insurance Corporation in the circumstances, to the extent and in the manner referred to in Section 21 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961.
### 17. Cancellation of Registration Certificate of Multi-State Cooperative Societies in Certain Cases.
(1) Where the whole of the assets and liabilities of a multi-State cooperative society are transferred to another multi-State co-operative society or to a co-operative society in accordance with the provisions of Section 14, the registration of the first-mentioned multi-State cooperative society shall stand cancelled and the society shall be deemed to have been dissolved and shall cease to exist as a corporate body.
(2) Where two or more multi-State co-operative societies are amalgamated into a new multi-State co-operative society in accordance with the provisions of section 14, the registration of each of the amalgamation societies shall stand cancelled on the registration of the new society, and each of the amalgamation societies shall be deemed to have been dissolved and shall cease to exist as a corporate body.
(3) Where a multi-State co-operative society divides itself into two or more multi-State cooperative societies or two or more co-operative societies in accordance with the provisions of section 14, the registration of that society shall stand cancelled on the registration of the new societies and that society shall be deemed to have been dissolved and shall cease to exist as a corporate body.
(4) The amalgamation or division of multi-State co-operative societies shall not in any manner whatsoever affect any right or obligation of the resulting multi-State co-operative society or societies or render defective any legal proceedings by or against the multi-State co-operative society or societies, and any legal proceedings that might have been continued or commenced by or against the multi- State co-operative society or societies, as the case may be, before the amalgamation or division may be continued or commenced by or against the resulting multi-State cooperative society or societies.
### 18. Conversion of Co-Operative Society into Multi-State Cooperative Society.
(1) A co-operative society may, by an amendment of its bye-laws, extend its jurisdiction and convert itself into a multi-State co-operative society :
Provided that no such amendment of bye-laws of a co-operative society shall be valid unless it has been registered by the Central Registrar.
(2) (a)
Every proposal for such amendment shall be forwarded to the Central Registrar.
(b) If the Central Registrar, after consulting the Registrars of Co-operative Societies of the States concerned, has satisfied himself that such amendment. fulfills the requirement of sub-section (2) of Section 9, he may register the amendment within a period of six months from the date of receipt thereof by him:
Provided that if the Central Registrar is unable to register the amendment within the period aforesaid, he shall make a report to the Central Government stating therein the reasons for his inability to do so, and the Central Government may allow him such further period or periods as is considered necessary to register the amendment.
(3) The Central Registrar shall forward to the co-operative society a copy of the registered amendment together with a certificate, signed by him and such certificate shall be conclusive evidence that the amendment has been registered.
(4) Where the Central Registrar refuses to register an amendment of the bye-laws of a cooperative society, he shall communicate the order of refusal together with the reasons therefor to the society in the manner prescribed within seven days from the date of refusal.
(5) (a)
Once the amendment of bye-laws has been registered by the Central Registrar, the co-operative society shall, as from the date of registration of amendment become a multi-State co-operative society.
(b) The Central Registrar shall forward to the co-operative society a certificate signed by him to the effect that such society has been registered as a multi-State co-operative society under this Act and also forward a copy of the same to the Registrar of Co-operative Societies of the State concerned.
(c) The Registrar of Co-operative Societies referred to in clause (b) shall thereupon make an order directing that the society had, as from the date of registration by the Central Registrar, ceased to be a society under the law relating to. cooperative societies in force in that State.
### 19. Persons who may become members.
(1) No person shall be admitted as member of a multi-State co-operative society except the following, namely :-
(a) an individual competent to contract under section 11 of the Indian Contract Act, 1872;
(b) any multi-State co-operative society or any-co-operative society;
(c) the Central Government;
(d) a State Government;
(e) the National Co-operative Development Corporation established under the National Cooperative Development Corporation Act, 1962;
(f) any other corporation owned or controlled by Government;
(g) any Government company as defined in section 617 of the Companies Act, 1956.
(h) such class or classes of persons or association of persons as may be permitted by the Central Registrar having regard to the nature and activities of a multi-State co-operative society.
(2) Such number of individuals possessing such qualifications as may be prescribed may be admitted as members of the National Co-operative Union of India Limited, New Delhi.
(3) Save as otherwise provided in sub-section (2) and notwithstanding anything contained in sub-section (1), no individual shall be eligible for admission as a member of a national cooperative society.
(4) Any person eligible for membership of a multi-State co-operative society may, on his application, be admitted as a member by such society.
(5) Every application for admission as a member of a multi-State cooperative society shall be disposed of by such society within a period of four months from the date of receipt of the application, and the decision of such society on the application shall be communicated to the applicant within fifteen days from the date of such decision :
Provided that if the application is not disposed of within the period aforesaid, or the decision is not communicated within a period of fifteen days of the expiry of the aforesaid period of four months, the multi-State cooperative society shall be deemed to have made a decision, on the date of expiry of such period, refusing admission to the applicant.
(6) Notwithstanding anything contained in this section, the Central Government may, having regard to the fact that the interest of any person or class of persons conflicts or is likely to conflict with the objects of any multi-State co-operative society or class of multi-State cooperative societies, by general or special order published in the Official Gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqualified from being admitted, or for continuing, as members or shall be eligible for membership only to a limited extent of any specified multi-State cooperative society or class of multi-State co-operative societies, so long as such person or persons is or are engaged in or carrying on, that profession, business or employment, as the case may be.
### 20. Members not to Exercise Rights till due Payment made.
- No member of a multi-State co-operative society shall exercise the rights of a member, unless he has made such payments to the society in respect of membership, or has acquired such interest in the society, as may be specified in the bye-laws.
### 21. Expulsion of members.
(1) A multi-State co-operative society may by resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting of members held for the purpose, expel a member for acts which are detrimental to the proper working of the society:
Provided that the member concerned shall not be expelled unless he has been given a reasonable opportunity of making representation, in the matter.
(2) No member of the multi-State co-operative society who has been expelled under sub-section (1) shall be eligible for re-admission as a member of that society, for a period of three years from the date of such expulsion :
Provided that the Central Registrar may, on application of the multi-State co-operative society and if satisfied that in the special circumstances of the case, it is necessary so to do in the interests of the multi-State co-operative society, sanction the re-admission or admission within the said period, of any such member as a member of the said society.
### 22. Votes of members.
- Every member of a multi-State co-operative society, including a member who is an employee of such society, shall have one vote in the affairs of the society:
Provided that -
(a) a member who is an employee of such society shall not be entitled to vote-
(i) at an election of a member of the board of such society;
(ii) in any general meeting convened for framing the bye-laws of such society or any amendments thereto;
(b) in the case of an equality of votes, the Chairman shall have a second or casting vote;
(c) where any of the authorities referred to in clauses (c) to (g) of subsection (1) of Section 19 is a member of a multi-State co-operative society, each person nominated by such authority, on the board, in accordance with the provisions contained in this Act and the rules, shall have one vote:
(d) a multi-State co-operative society, the members of which include cooperative societies or other multi-State co-operative societies, may provide for an equitable system of voting having regard to the membership of, and the extent of business carried on by such co-operative societies, or multi-State co-operative societies and other relevant circumstances.
### 23. Manner of Exercising Vote.
- Every member of a multi-State co-operative society shall exercise his vote in person and no member shall be permitted to vote by proxy:
Provided that a multi-State co-operative society or a co-operative society which is a member of another multi-State co-operative society, may, subject to the provisions of sub-section (3) of Section 29 and the rules, appoint its representative to vote on its behalf in the affairs of that other society.
### 24. Restrictions on Holding of Shares.
- No member, other than any of the authorities referred to in clauses (c) to (g) of sub-section (1) of Section 19 or a multi-State co-operative society or a co-operative society, shall hold more than such portion of the total share capital of the society (in no case exceeding one-fifth thereof) as may be prescribed :
Provided that the Central Government may, by notification, specify in respect of any class of societies a higher or lower maximum than one-fifth of the share capital.
### 25. Restrictions on Transfer of Shares or Interest.
- The transfer of the share or interest of a member in the capital of multi-State co-operative society shall be subject to such conditions as to maximum holding as are specified in Section 24
### 26. Redemption of Shares.
- Shares held in a multi-State co-operative society by any of the authorities referred to in clauses (c) to (g) of sub-section (1) of Section 19 shall be redeemable in accordance with the bye-laws of such multi-State co-operative society and in a case where the bye-laws do not contain any provision in this regard, in such manner as may be agreed upon between the multi-State co-operative society and such authority.
### 27. Transfer of Interest on Death of Members.
(1) On the death of a member, a multi-State co-operative society may transfer the share or interest of the deceased member to the person nominated in accordance with the rules made in this behalf, or if there is no person so nominated to such person as may appear to the board to be the heir or legal representative of the deceased member, or pay to such nominee, heir or legal representative, as the case may be, a sum representing the value of such member's share or interest as ascertained in accordance with the rules :
Provided that no such transfer or payment shall be made except with the consent of the nominee, heir or legal representative, as the case may be.
(2) A multi-State co-operative society shall, unless within six months of the death of the member prevented by an order of a competent court, pay to such nominee, heir or legal representative, as the case may be, all other moneys due to the deceased member from the society.
(3) All transfers and payments made by a multi-State co-operative society in accordance with the provisions of this section shall be valid and effectual against any demand made upon the society by any other person.
### 28. Liability of Past Member and Estate of Deceased Member.
(1) Subject to the provisions of sub-section (2), the liability of a past member or of the estate of a deceased member of a multi- state cooperative society for the debts of the society as they existed, -
(a) in the case of a past member, on the date on which he ceased to be a member;
(b) in the case of a deceased member on the date of his death, shall continue for a period of two years from such date.
(2) Notwithstanding anything contained in sub-section (1), where a multi-State co-operative society is ordered to be wound up under Section 77 the liability of a past member who ceased to be member or of the estate of a deceased member who died within two years immediately preceding the date of the order of winding up, shall continue until the entire liquidation proceedings are completed but such liability shall extend only to the debts of the society as they existed on the date of cessation of membership or death, as the case may be.
### 29. General Body, its Constitution, Powers and Functions.
(1) The general body of a multi-State co-operative society shall consist of all the members of such society:
Provided that where the bye-laws of a multi-State co-operative society provide for the constitution of a smaller body consisting of delegates of members of the society elected or selected in accordance with such bye-laws, that smaller body shall exercise such powers of the general body as may be prescribed or as may be specified in the bye-laws of the society.
(2) Subject to the provisions of this Act, the rules and the bye-laws, the ultimate authority of a multi-State co-operative society shall vest in the general body of its members;
Provided that nothing contained in this subsection shall affect the exercise by the board or any officer of a multi State co-operative society of any power conferred on such board or such officer by this Act or the rules or the bye-laws.
(3) Where in any meeting of the general body or the board of a multi-State co-operative society, a co-operative society or another multi-State cooperative is to be represented, such co-operative society or other multi State co-operative society shall be represented in such meeting only through the Chairman or the Chief Executive of such co-operative society or other multi-State co-operative society, as the case may be, and where there is no board of such co-operative society, or other multi-State cooperative society, for whatever reasons, through the administrator, by whatever name called, of such co-operative society or other multi-State co-operative society.
### 30. Annual General Meeting of the General Body.
(1) Every multi-State co-operative society shall, within such period as may be prescribed, after the close of the year, call a general meeting of its members in the manner prescribed for the purpose of -
(a) consideration of the audit report and annual report;
(b) disposal of net profits;
(c) approval of the programme of activities for the ensuing year:
(d) amendment of bye-laws;
(e) election, if any, of the members of the board, other than nominated members, subject to the provisions of Section 35.
Provided that the Central Registrar may, by general or special order, extend the period for holding such meeting for a further period not exceeding three months:
Provided further that if in the opinion of the Central Registrar no such extension is necessary or such meeting is not called by the multi-State co-operative society within the extended period, if any granted by him the Central Registrar or any person authorised by him in this behalf may call such meeting in the manner prescribed, and that meeting shall be deemed to be a general meeting duly called by the society and the Central Registrar may order that expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by such person or persons who, in the opinion of the Central Registrar, was or were responsible for the refusal or failure to convene the general meeting.
(2) At every annual general meeting of a multi-State co-operative society the Board shall lay before the society a statement showing the details of the loans or goods on credit, if any, given to any of the members of the board or to the spouse or a son or daughter of a member of the board during the preceding year or outstanding against him or against such spouse or-son or daughter of the member of the board.
### 31. Special General Meeting of the General Body.
(1) The Chief Executive may, at any time on the direction of the board, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the Central Registrar or from such member or members or a proportion of the total number of members, as may be provided in the eye-laws.
(2) If a special general meeting of a multi-State co-operative society is not called in accordance with the requisition referred to in sub-section (1), the Central Registrar or any person authorised by him in this behalf shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the Chief Executive in accordance with the provisions of that sub-section and the Central Registrar may order that the expenditure incurred in calling such meeting shall be paid out of the funds of the society or by such person or persons who, in the opinion of the Central Registrar, was or were responsible for the refusal or failure to convene the special general meeting.
### 32. Board of Directors.
- Subject to the provisions of this Act and the rules, there shall be a board of directors for every multi-State co-operative society consisting of such number of members as may be provided for under the bye-laws.
### 33. Association of Employees in the Management Decision Making Process.
- Every multi- State co-operative society shall devise such procedure, as may be specified in the bye-laws or in the administrative instructions, for association of the representatives of employees of such multi-State co-operative societies at such level or bodies as may be specified in the bye-laws or the instructions issued in this regard in the management decision making process.
### 34. Disqualification for a Member of a Board.
- No member of any multi-State co-operative society or nominee of a member-society on a national co-operative society shall be eligible for being chosen as or for being, a member of the board of such multi-State co-operative society or national co-operative society or of any other co-operative society to which the multi-State co-operative society is affiliated, if such member -
(a) has been adjudged by a competent court to be insolvent or of unsound mind:
(b) is concerned or participates in the profits of any contract with the society:
(c) has been convicted for an offence involving moral turpitude;
(d) holds any office or place of profit under the society:
Provided that the Chief Executive or such full-time employee of the society as may be notified by the Central Government from time to time or a person elected by the employees of such society to represent them on the board of such society shall be eligible for being chosen as, or for being, a member of such board;
(e) has been a member of the society for less than twelve months immediately preceding the date of such election or appointment;
(f) has interest in any, business of the kind carried on by the society of which he is a member;
(g) has taken loan or goods on credit from the Society of which he is a member, or is otherwise indebted to such society and after the receipt of a notice of default issued to him by such society, has defaulted -
(i) in repayment of such loan or debt or in payment of the price of the goods taken on credit, as the case may be, within, the date Fixed for such repayment or where such date is extended, which in no case shall exceed six months, within the date so extended, or
(ii) when such loan or debt or the price of goods taken on credit is to be paid in installments, in payment of any installment, and the amount in defaulter any part thereof has remained unpaid on the expiry of six months from the date of such default:
Provided that a member of the board who has ceased to hold office as such under this clause shall not be eligible, for a period of one year, from the date on which he ceased to hold office, for re-election as a member of the board of the multi-State co-operative Society of which he was a member or for election to the board of any other multi-State cooperative society;
(h) is a person against whom any amount due under decree, decision or order is pending recovery under this Act.
(i) is retained or employed as a legal practitioner on behalf of or against the multi-State cooperative society, or on behalf of or against any other multi-State co-operative society which is a member of the former society.
### 35. Election of Members of Board.
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of elections of the members of the board of such multi-State co-operative societies or class of multi-State co-operative societies as the Central Government may. By general or special order, notify, shall be vested in such returning officers as may be appointed by the Central Registrar in this behalf.
(2) The vote at such elections shall be by secret ballot.
(3) The term of office of the elected members of the board shall be such, not exceeding three years from the date of elections, as may be specified in the bye-laws of a multi-State cooperative society:
Provided that the elected members shall continue to hold office till their successors are elected or nominated under the provisions of this Act or the rules or the bye-laws and assume the charge of their office.
(4) No person shall be eligible to be elected as a member of the board of a multi-State cooperative society unless he is a member of the general body of that society.
(5) The Central Government may make rules generally to provide for or to regulate matters in respect of elections of members of the board.
### 36. Holding of Office in Co-Operative Society.
- Notwithstanding anything contained in this Act, no person shall be eligible to hold, at the same time, office of the president or chairman or vice- president or vice-chairman on the board of more than one multi-State co-operative society :
Provided that any person holding, at the commencement of this Act, the office of a president or chairman or vice-president or vice-chairman in more than one multi-State cooperative society shall, within three months from such commencement by notice in writing signed by him, intimate the name of the multi-State co-operative society in which he wishes to serve and thereupon his office in the other multi-State co-operative society in which he does not wish to serve shall become vacant:
Provided further that in default of such intimation, within the period referred to in the preceding proviso, his offices in all the multi-State co-operative societies shall at the expiration of the period aforesaid, become vacant.
### 37. Restrictions on Holding of Office.
- No person shall be eligible to hold the office of a president or chairman or vice-president or vice-chairman on the board of a multi-State co-operative society, after he has held the office as aforesaid during two consecutive terms, whether full or part:
Provided that a person who has ceased to hold the office of a president or chairman continuously for one full term of three years shall again be eligible for election to the offices aforesaid.
### 38. Payment of Honorarium.
- Honorarium may be paid to the elected chairman or president of the board out of the profits of the multi-State co-operative society in respect of specific services rendered by him, subject to such restrictions and conditions as may be prescribed.
### 39. Removal of Elected Members by General Body.
- An elected member of a board who has acted adversely to the interests of multi-State cooperative society may on the basis of a report from the Central Registrar or otherwise be removed from the board upon a resolution of the general body passed at its meeting by a majority of not less than two-thirds of the members present and voting at the meeting :
Provided that the member concerned shall not be removed unless he has been given a reasonable opportunity of making representation in the matter.
### 40. Removal of Member by Central Registrar.
- If in spite of cessation of office under circumstances mentioned in S. 34, S, 36, S. 37 or S. 39 a member of the board refuses to vacate his office the Central Registrar shall, by order in writing remove him from such office.
### 41. Nominee of Central Government or State Government on the Board.
(1) Where the Central Government or a State Government has subscribed to the share capital of a multi-State co- operative society or has guaranteed the repayment of principal and payment of interest on debentures issued by a multi-State co-operative society or has guaranteed the repayment of principal and payment of interest on loans and advances to a multi-State co-operative society, the Central Government or the State Government in this behalf, as the case may be, or any person authorised by the Central Government or the State Government, shall have the right to nominate on the board such number of persons as may be prescribed.
(2) The bye-laws of a multi-State co-operative society may provide for the nomination of persons in excess of the limits prescribed under subsection (1).
(3) A person nominated under this section shall hold office during the pleasure of the Government by which he has been so nominated.
### 42. Powers and Functions of the Board.
(1) The board may exercise all such powers as may be necessary or expedient for the purpose of carrying out its functions under this Act.
(2) Without prejudice to the generality of the foregoing power, such power shall include the power -
(a) to admit members,
(b) to interpret organisational objectives and set up specific goals to be achieved towards these objectives;
(c) to make periodic appraisal of operations;
(d) to appoint a Chief Executive and such other employees of the society (out of the list of persons referred to in Section 50) as are not required to be appointed by the Chief Executive;
(e) to make provisions for regulating the appointment of employees of the multi-State cooperative society and the scales of pay, allowances and other conditions of service of, including disciplinary action against such employees;
(f) to approve annual and supplementary budget;
(g) to acquire or dispose of immovable property;
(h) to raise funds;
(i) to sanction, loans to the members; and
(j) to take such other measures or to do such other acts as may be prescribed or required under this Act.
### 43. Meetings of the Board.
(1) The Chief Executive shall convene the meetings of the board at the instance of the chairman or president of the multi-State co-operative society.
(2) The total number of meetings of the board in a year and the venue of meetings may be such as may be prescribed.
Provided that the Board shall meet at least once in every quarter.
### 44. Chief Executive.
(1) There shall be a Chief Executive, by whatever designation called, of every multi-State cooperative society, to be appointed by the board and he shall be a full-time employee of such multi-State co-operative society.
(2) The Chief Executive shall be a member of the board and of the Executive Committee and such other committees or sub-committees as may be constituted under sub-section (1) of Section 46.
(3) The functional directors in national co-operative societies shall also be members of the board.
(4) Where the Central Government has subscribed to the extent of more than one-half of the share capital of a national co-operative society, it shall be obligatory on such a society to seek prior approval of the Central Government to the appointment of Chief-Executive and the functional directors.
### 45. Powers and Functions of Chief Executive.
- The Chief Executive shall exercise the powers and discharge the functions, specified below, namely: -
(a) day-to-day management of the business of the multi-State co-operative society;
(b) operating the accounts of the multi-State co-operative society and be responsible for making arrangements for safe custody of cash;
(c) signing on the documents for and on behalf of the multi-State cooperative society;
(d) making arrangements for the proper maintenance of various books and records of the multi-State co-operative society and for the correct preparation, timely submission of periodical statement and returns in accordance with the provisions of this Act, the rules and the bye-laws;
(e) convening meetings of the general body of the multi-State cooperative society, the board and the Executive Committee and other committees or sub-committees constituted under sub-section (1) of Section 46 and maintaining proper records for such meetings;
(f) making appointments to posts in the multi-State co-operative society in accordance with the rules made under clause (e) of sub-section (2) of Section 42 except the posts in relation to which the powers of appointment vests in the board under clause (d) of that sub-section;
(g) assisting the board in the formulation of policies and objectives and planning;
(h) furnishing to the board periodical information necessary for appraising the operations and functions of the multi-State co-operative society.
(i) performing such other duties, and exercising such other powers, as may be prescribed or as may be specified in the bye-laws of the multi State co-operative society.
### 46. Committees of the Board.
(1) The board may, subject to such conditions as may be prescribed, constitute an Executive Committee and other committees or subcommittees, as maybe considered necessary.
(2) The Executive Committee or other committee or sub-committee referred to in sub-section (i) shall perform such functions as are assigned to it in accordance with the bye-laws of the multi state co-operative society.
### 47. Central Government's Power to give Directions in the Public Interests.
- If the Central Government is satisfied that in the public interest or for the purposes of securing proper implementation of co-operative production and other development programmes approved or undertaken by the Central Government or to secure proper management of the business of the multi-State co-operative societies generally for preventing the affairs of the multi-State co-operative society being conducted in a manner detrimental to the interests of the members, any depositors or creditors thereof, it is necessary to issue directions to any class of multi-State co-operative societies generally or to any multi-State cooperative society or societies in particular, the Central Government may issue directions to them or to it, from time to time, and all such multi-State co-operative societies or the society concerned as the case may be shall be bound to comply with such directions.
### 48. Supersession of Board.
(1) If in the opinion of the Central Registrar the board of any multi-State co-operative society is persistently making default or is negligent in the performance of the duties imposed on it by this Act or the rules or the bye-laws or has committed any act which is prejudicial lo interests of the society or its members, or has omitted or failed to comply with any directions given to it under Section 47 or that there is a stalemate in the constitution or functions of the board, the Central Registrar may after giving the board an opportunity to state its objections, if any, and considering the objections, if received, by order in writing, remove the board and appoint one or more administrators, who need not be members of the society, to manage the affairs of the society for such period not exceeding one year, as may be specified in the order, which period may, at the discretion of the Central Registrar, be extended from time to time; so, however, that the aggregate period does not exceed two years.
(2) The Central Registrar may fix such remuneration for the administrators, as he may think fit and the remuneration shall be paid out of the funds of the multi-State co-operative society.
(3) The administrator shall, subject to the control of the Central Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the board or of any officer of the multi-State co-operative society and take all such actions as may be required in the interests of the society.
(4) Save as otherwise provided in sub-section (5), the administrator shall, before the expiry of his term of office, arrange for the constitution of a new board in accordance with the bye-laws of the multi-State cooperative society.
(5) If at any time during the period the administrator is in office, the Central Registrar considers it necessary or expedient so to do, he may, by order in writing giving reasons therefor, direct the administrator to arrange for the constitution of a new board for such multi-State cooperative society in accordance with the bye-laws of such society and immediately on the constitution of such board the administrator shall hand over the management of such society to such newly constituted hoard and cease to function.
(6) Where a multi-State co-operative society is indebted to any financial institution, the Central Registrar shall, before taking any action, under sub-section (1) in respect of that society, consult the financial institution.
(7) Notwithstanding anything contained in this Act, the Central Registrar shall in the case of a co-operative bank. if so required in writing by the Reserve Bank in the public interest or for preventing the affairs of the cooperative bank being conducted in a manner detrimental to the interests of the depositors or for securing the proper management of a co-operative bank, pass an order for the supersession, the board of that co-operative bank and for the appointment of an administrator therefor for such period or periods not exceeding five years in the aggregate as may from time to time be specified by the Reserve Bank.
### 49. Securing Possession of Records, etc.
(1) If,-
(a) the records (including registers and books of accounts) of a multi-State co-operative society are likely to be tampered with or destroyed or the funds or other property of such society are likely to be misappropriated or misapplied; or
(b) the board of a multi-State co-operative society is reconstituted at a general meeting of the society; or
(c) the board of a multi-State co-operative society is removed by the Central Registrar under sub-section (1) of Section 48 ; or
(d) a multi-State co-operative society is ordered to be wound up under Section 77 and, the outgoing members of the board refuse to hand over charge of the records and property of the society to those having, or entitled to receive, such charge; the Central Registrar may apply to the magistrate within whose jurisdiction the multi-State co- operative society functions for securing the records and property of the society.
(2) On receipt of an application under sub-section (1) the magistrate may, by a warrant, authorise any police officer not below the rank of a sub-inspector to enter and search any place where such records and property are kept or are believed to be kept and to seize such records and property; and the records and property so seized shall be handed over to the new board or administrator of the multi-State co-operative society or the liquidator, as the case may be.
(3) Every such search and seizure shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.
### 50. Constitution of Body of Persons for Preparation of List, etc.
- The Central Government shall -
(a) constitute a body of persons, in the manner prescribed for the preparation of a list of persons eligible for appointment to the posts of Chief Executives and other managerial posts in national co-operative societies the maximum pay scale of which exceeds such amount as may be prescribed;
(b) make rules for regulating the recruitment, remuneration, allowances and other conditions of service of officers and other employees of national co-operative societies.
### 51. Acts of Multi-State Co-Operative Societies not to be Invalidated by Certain Defects.
- No act of a multi-State co-operative society or of any board or of any committee or of any officer of the society shall be deemed to be invalid by reason only of the existence of any defect in the procedure in the constitution of the society or of the board or of the committee thereof or in the appointment or election of an officer or on the ground that such officer was disqualified to hold office.
### 52. Multi-State Co-Operative Societies to be Body Corporate.
- The registration of a multi- State co-operative society shall render it a body corporate by the name under which it is registered having perpetual succession and a common seal, and with power to hold property, enter into contract, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted.
### 53. Charge and set off, in Respect of Share or Contribution or Interest of Members.
- A multi-State co-operative society shall have a charge on the share or contribution or interest in the capital and on the deposits of member or past or deceased member and on any dividend, bonus or profits payable to a member or past member or the estate of a deceased member in respect of any debt due from such member or past member or the estate of such deceased member to the society, and may set-off any sum credited or payable to a member or past member or the estate of deceased member in or towards payment of any such debt.
### 54. Share or Contribution or Interest not Liable to Attachment.
(1) Subject to the provisions of Section 53, the share or contribution or interest of a member or past or deceased member in the capital of a multi State co-operative society shall not be liable to attachment or sale under any decree or order of any court in respect of any debt or liability incurred by such member, and an official assignee or a receiver under any law relating to insolvency shall not be entitled to or have any claim on such share or contribution or interest.
(2) The reserve fund, or the bad debt reserves, or the provident fund of the employees, of a multi-State co-operative society invested by such society in accordance with the provisions of this Act and the rules shall not be liable to attachment under any decree or order or a court in respect of any debt or liability incurred by the society.
### 55. Register of Members.
- Any register or list of members or shares kept by any multi- State cooperative society shall be prima facie evidence of any of the following particulars entered therein, namely: -
(a) the date on which any person entered in such register or list became a member;
(b) the date on which any such person ceased to be a member.
### 56. Admissibility of copy of Entry as Evidence.
(1) A copy of any entry in a book of a multi-State co-operative society regularly kept in the course of its business shall, if certified in such manner as may be prescribed, be received in any suit or legal proceedings as prima facie evidence of the existence of such entry and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent, as, the original entry itself is admissible.
(2) No officer of a multi-State co-operative society and no officer in whose office the books of a multi-State co-operative society are deposited after liquidation shall, in any legal proceedings to which the society or the liquidator is not a party, be compelled to produce any of the society's books or documents the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and accounts therein recorded, except under an order of a Court or an arbitrator made for a special cause.
### 57. Exemption from compulsory Registration of Instruments.
- Nothing in clauses (b) and(c) of sub-section (1) of section 17 of the Registration Act, 1908-, shall apply to -
(a) any instrument relating to shares in a multi-State co-operative society notwithstanding that the assets of the society consist in whole or in part of immovable property; or
(b) any debenture issued by any such. society and not creating, declaring assigning, limiting or extinguishing any right, title or interest to or in immovable property, except in so far as, it entitles the holder thereof to the security afforded by a registered instrument whereby the society has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or
(c) an endorsement upon or transfer of any debenture issued by any such society.
### 58. Deduction from Salary to Meet Multi-State Co-Operative Society's claim in certain cases.
(1) Notwithstanding anything contained in any law for the time being in force a member of a multi-State co-operative society may execute an agreement in favour of that society providing that his employer disbursing his salary or wages shall be competent to deduct every month from the salary or wages payable to him, such amount as may be specified in the agreement and pay the amount so deducted to the society in satisfaction of any debt or other demand owing by the member to the society.
(2) On the execution of such agreement, the employer disbursing the salary or wages of the members shall, if so required by the multi-State cooperative society by a requisition in writing and so long as the society does not intimate that the whole of such debt or other demand has been paid, make the deduction in accordance with the agreement and pay the amount so deducted to the society within a period of fourteen days of the date on which deduction has been made, as if it were a part of the salary or wages payable on the day as required under the Payment of Wages Act, 1936, and such payment shall be valid discharge of the employer for his liability to pay the amount deducted.
(3) If after the receipt of a requisition made under sub-section (2) the employer disbursing the salary or wages of the member at any time fails to deduct the amount specified in the requisition from the salary or wages payable to the member concerned or marks default in remitting the amount deducted to the multi-State co-operative society, the society shall be entitled to recover any such amount from such employer as arrears of land revenue and the amount so due from such employer shall rank in priority in respect of the liability of such employer equal to that of the salary or wages in arrears.
### 59. Government aid to Multi-State Cooperative Societies.
- Notwithstanding anything contained in any law for the time being in force, the Central Government or a State Government may, with a view to promoting co-operative movement :-
(a) subscribe to the share capital of a multi-State co-operative society;
(b) give loans or make advances to a multi-State co-operative society;
(c) guarantee the repayment of principal and payment of interest of debentures issued by a multi-State co-operative society;
(d) guarantee the repayment of share capital of a multi-State co-operative society and dividends thereon at such rates as may be specified by the Central Government or the State Government;
(e) guarantee the repayment of principal and payment of interest on loans and advances to a multi-State co-operative society.
(f) give financial assistance in any other form, including subsidies to any multi-State cooperative society.
### 60. Funds not to be Divided by way of Profit.
(1) No part of the funds, other than net profits, of a multi-State cooperative society shall be divided by way of bonus or dividend or otherwise distributed among its members.
(2) The net profits of a multi-State co-operative society referred to in subsection (1) in respect of a society earning profits shall be calculated by deducting from the gross profits for the year, all interest accrued and accruing in relation to amounts which are overdue, establishment charges, interest payable on loans and deposits, audit fees, working expenses including repairs, rent, taxes and depreciation, bonus payable to employees under the law relating to payment of bonus for the time being in force, and equalisation fund for such bonus, provision for payment of income-tax and making approved donations under the Income-tax Act, 1961, development rebate, provision for development fund, bad debts fund, price fluctuation fund, dividend equalisation fund, share capital redemption fund, investment fluctuation fund, provision for retirement benefits to employees, and after providing for or writing off bad debts and losses not adjusted against any fund created out of profit :
Provided that such society may, add to the net profits for the year, interest accrued in the preceding years, but actually recovered during the year:
Provided further that in case of such multi-State co-operative societies as do not have share capital, the surplus of income over expenditure shall not be treated as net profits and such surplus shall be dealt with in accordance with the bye-laws.
### 61. Disposal of Net Profits.
(1) A multi-State co-operative society shall, out of its net profits in any year -
(a) transfer an amount not less than twenty-five per cent to the reserve fund; and
(b) credit such portion, as may be prescribed, to the co-operative education fund maintained by the National Co-operative Union of India Limited, New Delhi.
(2) Subject to such conditions as may be prescribed, the balance of the net profits may be utilised for all or any of the following purposes, namely:-
(a) payment of dividend to members on their paid-up share capital at a rate not exceeding the prescribed limit;
(b) constitution of or contribution to such special funds including education funds, as may be specified in the bye-laws;
(c) donation of amounts not exceeding five per cent of the net profits for any purpose connected with the development of co-operative movement or charitable purpose as defined in section 2 of the Charitable Endowments Act, 1890;
(d) payment of ex gratia amount to employees of the multi-State co-operative society to the extent and in the manner specified in the bye-laws.
(3) The funds of a multi-State co-operative society shall not be utilised for any political purpose.
### 62. Investment of Funds.
- A multi-State co-operative society may invest or deposit its fund-
(a) in a co-operative bank. State co-operative bank, co-operative land mortgage bank, cooperative land development bank or Central Cooperative Bank; or
(b) in any of the securities specified in section 20 of the Indian Trusts Act, 1882; or
(c) in the shares or securities of any other multi-State co-operative society or any co-operative society; or
(d) in the shares, securities or assets of any other institution, with the previous approval of the Central Registrar; or
(e) with any bank; or
(f) in such other mode as may be prescribed.
### 63. Restriction on Loans.
(1) A multi-State co-operative society, other than a co-operative bank, shall not make a loan-
(a) to a member on the security of his share or on the security of a nonmember, or
(b) to a non-member Provided that with the general or special sanction of the Central Registrar, a multi-State co-operative society may make loans to another multi-State cooperative society.
(2) Notwithstanding anything contained in sub-section (1), a multi-State co-operative society may make a loan to a depositor on the security of his deposit.
### 64. Restrictions on Borrowing.
- A multi-State co-operative society shall receive deposits and loans only to such extent and under such conditions as may be specified in the bye-laws:
Provided that a co-operative bank shall be governed by the provisions of the Banking Regulation Act, 1949.
### 65. Restrictions on another Transactions with Non-Members.
- Save as provided in sections 63 and 64, the transaction of a multi-State co-operative society with any person other than a member shall be subject to such prohibitions and restrictions, if any, as may be prescribed.
### 66. Contributory Provident Fund.
(1) A multi-State co-operative society having such number or class of employees as maybe prescribed may establish a contributory provident fund for the benefit of such employees to which shall be credited all contributions made by the employees and the society in accordance with the bye-laws of the society.
(2) Monies standing to the credit of any contributory provident fund established by a multi-State co-operative society under sub-section (1) shall not -
(a) be used in the business of the society;
(b) form part of the assets of the society;
(c) be liable to attachment or be subject to any other process of any court or other authority.
(3) Notwithstanding anything contained in this section, a provident fund established by a multi-State co-operative society to which the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, apply, shall be governed by that Act.
### 67. Audit.
(1) The Central Registrar shall audit, or cause to be audited by a person authorised by him by general or special order in writing in this behalf, the accounts of every multi-State cooperative society at least once in each year.
(2) The audit under sub-section (1) shall include an examination of overdue debts, if any, the verification of the cash balance and securities, and a valuation of the assets and liabilities of the multi-State co-operative society.
(3) The person auditing the accounts of a multi-State co-operative society shall have free access to the books, accounts, papers, vouchers, stock and other property of such society and shall be allowed to verify its cash balance and securities.
(4) The directors, managers, administrators and other officers of the multi-State co-operative society shall furnish to the person auditing the accounts of the society all such information as to its transactions and working as such person may require.
(5) The Central Registrar or the person authorised by him under subsection (1) to audit the accounts of a multi-State co-operative society shall have power, where necessary-
(a) to summon at the time of the audit any officer, agent, servant or member of the society, past or present, who, he has reason to believe can give valuable information in regard to transactions of the society or the management of its affairs; and
(b) to require the production of any book or document relating to the affairs of, or any cash or securities belonging to the society by any officer agent, servant or member of the society in possession of such books, documents, cash or securities and in the event of serious irregularities discovered during audit, to take them into custody.
(6) If at the time of audit the accounts of a multi-State co-operative society arc not complete. the Central Registrar or the person authorised by him under sub-section (1) to audit may cause the accounts to be written up at the expense of the society.
(7) Audit tee, if any due from any multi-State co-operative society shall he determined by the Central Registrar and shall be recoverable in the same manner as is provided in Section 89 .
### 68. Inspection of Multi-State Co-Operative Societies.
(1) The Central Registrar, or any person authorised by him by general or special order in writing in this behalf, may inspect a multi- State cooperative society.
(2) (a)
For the purpose of inspection under sub-section (1) the Central Registrar or the person authorised by him under that sub-section shall at all limes have access lo all books, accounts. papers, vouchers, securities, stock and other property of that society and may in the event of serious irregularities discovered during inspection, take them into custody and shall have power to verify the cash balance of the society and subject lo the general or special order of the Central Registrar lo call a meeting of the board and also a general meeting of the society where such general meeting is in his opinion necessary.
(b) Every officer or member of a multi-State co-operative society shall furnish such information with regard to the working of the society as the Central Registrar or the person making such inspection may require.
(3) A copy of the report of inspection under this section shall be communicated lo the multi-State co-operative society within a period of three months from the dale of completion of such inspection.
### 69. Inquiry by Central Registrar.
(1) The Central Registrar may of his own motion or on the application of a majority of the members of the hoard or of not less than one-third of the members hold an inquiry or direct some person authorised by him by order in writing in this behalf to hold an inquiry into the constitution, working and financial condition of a multi-State co-operative society.
(2) The Central Registrar or the person authorised by him under subsection (1) shall have the following powers, namely: -
(a) he shall at all reasonable times have free access to the hooks, accounts, documents, securities, cash and other properties belonging to or in the custody of the multi-State cooperative society and may summon any person in possession or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same at any place specified by him:
(b) he may, notwithstanding any rule or bye-law specifying the period of notice for a general meeting of the multi-State co-operative society, require the officers of the society to call a general meeting of the society by giving notice of not less than seven days at such lime and place at the headquarters of the society to consider such matters, as may be directed by him; and where the officers of the society refuse or fail lo call such a meeting he shall have power to call it himself.
(c) he may summon any person who is reasonably believed by him to have any knowledge of the affairs of the multi-State co-operative society lo appear before him at any place at the headquarters of the society or any branch thereof and may examine such person on oath.
(3) Any meeting called under clause (b) of sub-section (2) shall have all the powers of a general meeting of the society called under the bye-laws of the society and its proceedings shall be regulated by such bye-laws.
(4) The Central Registrar shall, within a period of three months of the date of receipt of the report, communicate a brief summary of the report of the inquiry to the multi-State cooperative society, the financial institutions, if any, to which the society is affiliated, and to the person or authority, if any, at whose instance the inquiry is made.
### 70. Inspection of Books of Indebted Multi-State Co-Operative Societies.
(1) The Central Registrar shall, on the application of a creditor of a multi-State co-operative society, inspect, or direct some person authorised by him by order in writing in this behalf to inspect, the books of the society: Provided that no such inspection shall be made unless the applicant-
(a) satisfies the Central Registrar that the debt is a sum then due. and that he has demanded payment thereof and has not received satisfaction within a reasonable time; and
(b) deposits with the Central Registrar such sum as security for the costs of the proposed inspection as the Central Registrar may require.
(2) The Central Registrar shall communicate the result of any such inspection to the creditor.
### 71. Costs of Inquiry and Inspection.
- Where an inquiry is held under Section 69 or an inspection is made under Section 70 , the Central Registrar may apportion the costs, or such part of the costs, as he may think fit, between the multi-State co-operative society, the members or creditor demanding an inquiry or inspection, and the officers or former officers and the members or past members of that society:
Provided that -
(a) no order of apportionment of the costs shall be made under this section unless the society or the person liable to pay the costs thereunder has had a reasonable opportunity of being heard;
(b) the Central Registrar shall state in writing under his own hand the ground on which the costs are apportioned.
### 72. Recovery of Costs.
- Any sum awarded by way of costs under Section 71 may be recovered, on application to a magistrate having jurisdiction in the place where the person, from whom the money is claimable, actually and voluntarily resides or carries on business, and such magistrate shall recover the same as if it were a fine imposed by himself.
### 73. Repayment, etc.
(1) If in the course of an audit, inquiry, inspection or the winding up of a multi-State cooperative society, it is found that any person, who is or was entrusted with the organisation or management of such society or who is or has at any lime been an officer or an employee of the society, has made any payment contrary to this Act, the rules or the bye-laws or has caused any deficiency in the assets of the society by breach of trust or willful negligence or has misappropriated or fraudulently retained any money or other property belonging lo such society, the Central Registrar may, of his own motion or on the application of the board, liquidator or any creditor, inquire himself or direct any person authorised, by him by an order in writing in this behalf, to inquire into the conduct of such person within a period of two years from the date of the report of the audit inspection or inquiry or the date of the order of winding up as the case may be :
Provided that where the Central Registrar is satisfied that such inquiry could not be commenced during the period of two years aforesaid on account of fraud or concealment of facts make, or direct the inquiry to be made, within such period not exceeding six years from the date of the report of the audit, inspection or inquiry or the date of the order of winding up, as he may think fit.
(2) Where an inquiry is made under sub-section (1), the Central Registrar may, after giving the person concerned a reasonable opportunity of being heard, make an order requiring him to repay or restore the money or property or any part thereof, with interest at such rate or to pay contribution and costs or compensation to such extent, as the Central Registrar may consider just and equitable.
### 74. (1) Notwithstanding anything contained in any other law for the time being in force, if any dispute (other than a dispute regarding disciplinary action taken by a multi-State co-operative society against its paid employee or an industrial dispute as defined in clause (k) of Section 2 of the Industrial Disputes Act, 1947) touching the constitution, management or business of a multi-State co-operative society arises-
(a) among members, past members and persons claiming through members, past members and deceased members, or
(b) between a member, past member or a person claiming through a member, past member or deceased member and the multi-State co-operative society, its board or any officer, agent or employee of the multi-State cooperative society or liquidator, past or present, or
(c) between the multi-State co-operative society or its board and any past board, any officer, agent or employee, or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent, or deceased employee of the multi-State cooperative society, or
(d) between the multi-State co-operative society and any other multi-State co-operative society, between a multi-State co-operative society and liquidator of another multi-State cooperative society or between the liquidator of one multi-State co-operative society and the liquidator of another multi-State co-operative society, such dispute shall be referred to the Central Registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute : Provided that all disputes in which a national co-operative society is a party shall be referred to the Central Registrar or any officer empowered to exercise the powers of the Central Registrar.
(2) For the purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or business of a multi State co-operative society, namely:-
(a) a claim by the multi-State co-operative society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;
(b) a claim by a surety against the principal debtor where the multi-State cooperative society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not;
(c) any dispute arising in connection with the election of any officer of a multi-State cooperative society.
(3) If any question arises whether a dispute referred to the Central Registrar is or is not a dispute touching the constitution, management or business of a multi-State co-operative society, the decision thereon of the Central Registrar shall be final and shall not be called in question in any court.
### 75. Limitation.
(1) Notwithstanding anything contained in the Limitation Act, 1963, but subject to the specific provisions made in this Act the period of limitation in the case of a dispute referred to the Central Registrar shall,-
(a) when the dispute relates to the recovery of any sum including interest thereon due to a multi-State co-operative society by a member thereof, be computed from the date on which such member dies or ceases to be a member of the society;
(b) save as otherwise provided in clause (c) when the dispute relates to any act or omission on the part of any of the parties referred to in clause (b) or clause (c) of sub-section (1) of section 74 be six years from the date on which the act or omission, with reference to which the dispute arose, took place:
(c) when the dispute relates to a multi-State co-operative society which has been ordered to be wound up under Section 77 or in respect of which an administrator has been appointed under Section 48 , be six years from the date of the order issued under Section 77 or Section 48, as the case may be:
(d) when the dispute is in respect of an election of an officer of a multi-State co-operative society, be one month from the date of the declaration of the result of the election.
(2) The period of limitation in the case of any dispute, except those mentioned in sub-section (1), which are required to be referred to the Central Registrar shall be regulated by the provisions of the Limitation Act, 1963, as if the dispute were a suit and the Central Registrar a Civil Court.
(3) Notwithstanding anything contained in sub-sections (1) and (2) the Central Registrar may admit a dispute after the expiry of the period of limitation, if the applicant satisfies the Central Registrar that he had sufficient cause for not referring the dispute within such period.
### 76. Settlement of Disputes.
(1) The Central Registrar may. on receipt of the reference of dispute under Section 74, -
(a) elect lo decide the dispute himself: or
(b) transfer it for disposal to any other person who has been invested by the Central Government with powers in that behalf.
(2) The Central Registrar may withdraw any reference transferred under clause (b) of subsection (1) and decide it himself or refer the same for decision to any other person who has been invested by the Central Government with powers in that behalf.
(3) The Central Registrar or any other person to whom a dispute is referred for decision under this section may pending the decision of the dispute, make such interlocutory orders as he may deem necessary in the interest of justice.
### 77. Winding up of Multi-State Co-Operative Societies.
(1) If the Central Registrar, after an inquiry has been held under Section 69 or an inspection has been made under Section 70, or on receipt of an application made by not less than three-fourths of the members of a multi-State co- operative society, is of opinion that the society ought to be wound up, he may, after giving the society a reasonable opportunity of making its representations, by order, direct it to be wound up.
(2) The Central Registrar may. of his own motion and after giving the multi-State co-operative society a reasonable opportunity of making its representations, make an order directing the winding up of the multi-State co-operative society -
(a) where it is a condition of the registration of the society that the society shall consist of at least fifty members and the number of members has been reduced to less than fifty: or
(b) where the multi-State co-operative society has not commenced working within a period of six months of the date of its registration or such extended period as the Central Registrar may allow in this behalf or has ceased to function in accordance with co-operative principles.
(3) The Central Registrar may cancel an order for the winding up of a multi-State co-operative society, at any time, in any case where, in his opinion, the society should continue to exist.
(4) A copy of such order shall be communicated by registered post to the multi-State cooperative society and to the municipal institutions, if any of which the society is a member.
(5) Notwithstanding anything contained in this section, no co-operative bank shall be wound up except with the previous sanction in writing of the Reserve Bank.
### 78. Winding up of Co-Operative Banks at the Direction of Reserve Bank.
- Notwithstanding anything to the contrary contained elsewhere in this Act, the Central Registrar shall make an order for the winding up of a co-operative bank. if so required by the Reserve Bank in the circumstances mentioned in section 13D of the Deposit Insurance and Credit Guarantee Corporation Act, 1961-
### 79. Reimbursement to the Deposit Insurance Corporation by Liquidator.
- Where a co- operative bank, being an insured bank within the meaning of the Deposit Insurance and Credit Guarantee Corporation Act, 1961
### 80. Liquidator.
(1) Where the Central Registrar has made an order under Section 77 for the winding up of a multi-State co-operative society, the Central Registrar may appoint a liquidator for the purpose and fix his remuneration.
(2) A liquidator shall, on appointment, lake into his custody or under his control all the property. effects and actionable claims to which the multi State co-operative society is or appears to be entitled and shall take such steps as he may deem necessary or expedient to prevent loss or deterioration of, or damage to such property, effects and claims and he may carry on the business of the multi-State co-operative society so far as may be necessary with the previous approval of the Central Registrar.
(3) Where an appeal is preferred under clause (k) of sub-section (1) of Section 90, an order for the winding of a multi-State co-operative society made under Section 77 shall not operate thereafter until the order is confirmed in appeal :
Provided that the liquidator shall continue to have custody or control of the property, effects and actionable claims mentioned in sub-section (2) and have authority to take the steps referred to in that sub-section.
(4) Where an order for the winding up of a multi-State co-operative society is set aside in appeal the property, effects and actionable claims of the society shall revest in the society.
### 81. Powers of Liquidator.
(1) Subject to any rules made in this behalf, the whole of the assets of a multi-State cooperative society in respect of which an order for winding up has been made, shall vest in the liquidator appointed under section 50 from the date on which the order takes effect and the liquidator shall have power to realise such assets by sale or otherwise.
(2) Such liquidator shall also have power, subject to the control of the Central Registrar-
(a) to institute and detend suits and other legal proceedings on behalf of the multi-State cooperative society by the name of his office:
(b) to determine from time to time the contribution (including debts due and costs of liquidation) to be made or remaining to be made by the members or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any officers or former officers, to the assets of the multi-State co-operative society:
(c) to investigate all claims against the multi-State co-operative society and subject to the provisions of this Act, to decide questions of priority arising between claimants:
(d) to pay claims against the multi-State co-operative society, including interest up to the date of winding up according to their respective priorities, if any in full or rate ably, as the assets of the society may permit; the surplus, if any. remaining after payment of the claims being applied in payment of interest from the dale of such order of winding up at a rate fixed by him but not exceeding the contract rate in any case:
(e) to determine by what persons and in what proportions the costs of the liquidation are to be borne:
(f) to determine whether any person is a member, past member or nominee of a deceased member;
(g) to give such directions in regard to the collection and distribution of the assets of the multi-state co-operative society as may appear to him to be necessary for winding up the affairs of that society.
(h) to carry on the business of the multi-State co-operative society so far as may be necessary for the beneficial winding up of the same:
(i) to make any compromise or arrangement with creditors or persons claiming to be creditors or having or alleging, to have any claim, present or future, whereby the multi-State cooperative society may be rendered liable:
(j) to make any compromise or arrangement with any person between whom and the multi-State co-operative society there exists any dispute and to refer any such dispute for decision;
(k) after consulting the members of the multi-State co-operative society, to dispose of the surplus, if any, remaining after paying the claims against the society, in such manner as may be prescribed:
(l) to compromise all calls or liabilities to calls and debts and liabilities capable of resulting in debts, and all claims, present or future, certain or contingent, subsisting or alleged to be subsisting between the multi-State cooperative society and a contributory or other debtor or person apprehending liability to the multi-State co-operative society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and take any security for the discharge of any such call, liability, debtor or claim and give a complete discharge in respect thereof.
(3) When the affairs of a multi-State co-operative society have been wound up, the liquidator shall make a report to the Central Registrar and deposit the records of the society in such place as the Central Registrar may direct.
### 82. Disposal of Surplus Assets.
- The surplus assets, as shown in the report of a liquidator of a multi-State cooperative society which is wound up, -
(a) may, if the bye-laws of the multi-State co-operative society specify the purpose for which surplus shall be utilised, be utilised by the Central Registrar for the said purpose, and
(b) if the bye-laws aforesaid do not specify the purpose, be divided by the Central Registrar, with the previous sanction of the Central Government, amongst the members of such multi-State co-operative society in such manner as may be prescribed.
### 83. Priority of Contributions Assessed by Liquidator.
- Notwithstanding anything contained in any law relating to insolvency, the contribution assessed by a liquidator shall rank next to debts due to the Central Government or a State Government or a local authority in accordance with the order of priority in insolvency proceedings.
### 84. Power of Central Registrar to cancel Registration of a Multi-State Co-Operative Society.
(1) The Central Registrar may, after considering the report of the liquidator made lo him under sub-section (3) of Section 81 , order the registration of the multi-State co-operative society to be cancelled and on such cancellation, that society shall stand dissolved.
(2) An order passed under sub-section (1) shall be communicated by registered post to the president of the multi-State co-operative society and to the financial institutions, if any, of which the society was a member.
### 85. Execution of Decisions, etc.
- Every decision or order made under Section 30, Section 31, Section 73, Section 76, Section 90, Section 92 or Section 93 shall if not carried out, -
(a) on a certificate signed by the Central Registrar or any person authorised by him in writing in this behalf, be deemed to be a decree of a civil Court and shall be executed in the same manner as if it were a decree of such court; or
(b) where the decision or order provides for the recovery of money, be executed according to the law for the time being in force for the recovery of arrears of land revenue :
Provided that any application for the recovery in such manner of any sum shall be made -
(i) to the Collector and shall be accompanied by a certificate signed by the Central Registrar or any person authorised by him in writing in this behalf;
(ii) within twelve years from the date fixed in the decision or order and if no such date is fixed, from the date of the decision or order, as the case may be; or
(c) be executed by the Central Registrar or any person authorised by him in writing in this behalf, by attachment and sale or sale without attachment of any property of the person or a multi-State co-operative society against whom the decision or order has been made.
### 86. Execution of Orders of Liquidator.
- Every order made by the liquidator under Section 81 shall be executed according to the law for the time being in force for the recovery of arrears of land revenue.
### 87. Attachment before Award.
(1) Where the Central Registrar is satisfied that a party to any reference made to him under Section 74 with intent to defeat or delay the execution of any decision that may be passed thereon is about to-
(a) dispose of the whole or any part of the property; or
(b) remove the whole or any part of the property from its existing precincts, the Central Registrar may unless adequate security is furnished, direct conditional attachment of the said property or such part thereof as he thinks necessary.
(2) The attachment under sub-section (1) shall be executed by a Civil Court having jurisdiction in the same way as an attachment order passed by itself and shall have the same effect as such order.
### 88. Central Registrar or the Person Authorised by him to be Civil Court for certain Purposes.
- The Central Registrar or any person authorised by him in writing in this behalf shall be deemed, when exercising any powers under this Act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery or for taking a step-in-aid of such recovery, to be a civil court for the purposes of article 136 of the Schedule to the Limitation Act, 1963.
### 89. Recovery of Sums due to Government.
(1) All sums due from a multi-State co-operative society, or from an officer or member or past member of multi-State co-operative society, to the Central Government or a State Government, including any cost awarded to the Central Government or the State Government, as the case may be under any provision of this Act may, on a certificate issued by the Central Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
(2) Sums due from a multi-State co-operative society to the Central Government or a State Government and recoverable under sub-section (1) may be recovered firstly from the property of the society and secondly from the members, past members or the estates of deceased members subject to the limit of their liability :
Provided that the liability of past members and the estate of deceased members shall in all cases be subject to the provisions of Section 28 -
### 90. Appeals.
(1) Subject to the provisions of Section 91 , an appeal shall lie under this section against-
(a) an order made by the Central Registrar under sub-section (2) of Section 7 refusing to register a multi-State co-operative society:
(b) an order made by the Central Registrar under sub-section (4) of Section 9 refusing to register an amendment of the bye-laws of a multi-State cooperative society:
(c) a decision of a multi-State co-operative society refusing or deemed to be refusing under sub-section (5) of Section 19 to admit any person as a member of the society who is otherwise duly qualified for membership under the bye-laws of the society:
(d) a decision of a multi-State co-operative society under sub-section (1) of Section 21 expelling any of its members:
(e) a decision of a multi-State co-operative society removing an elected member of a board under Section 39 :
(f) an order made by the Central Registrar under Section 40 removing a member from his office:
(g) an order made by the Central Registrar under Section 48 superseding the board of directors of a multi-State co-operative society:
(h) an order made by the Central Registrar under Section 71 apportioning the costs of an inquiry held under Section 69 or an inspection made under Section 70 :
(i) an order made under sub-section (2) of Section 73 ;
(j) a decision or order made under Section 76 ;
(k) an order made by the Central Registrar under Section 77 directing the winding up of a multi-State co-operative society;
(l) an order made by the liquidator of a multi-State' co-operative society under Section 81 ;
(m) an order under Section 87 directing attachment of property before award.
(2) An appeal against any decision or order under sub-section (1) shall be made within sixty days from the date of such decision or order,-
(a) if the decision or order was made by the Central Registrar, to the prescribed authority:
(b) if the decision was made by a multi-State co-operative society (other than a national cooperative society), or a liquidator of such society, to the officer who is empowered to exercise the powers of the Central Registrar under sub-section (2) of Section 4 ; or
(c) if the decision was made by a national co-operative society or a liquidator of such society, to the Central Registrar appointed under subsection (1) of Section 4.
(3) The appellate authority may, if satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period of sixty days admit the appeal within such further period not exceeding sixty days as that authority may deem fit.
(4) In disposing of an appeal under this section, the appellate authority may after giving the parties a reasonable opportunity of making their representations, pass such order thereon as that authority may deem fit.
(5) The decision or order of the appellate authority on appeal shall he final.
### 91. No Appeal or Revision in certain cases.
- Notwithstanding anything contained in this Act where with the previous sanction in writing of, or on requisition by the Reserve Bank; a co-operative bank -
(a) is being wound up: or
(b) in respect of which a scheme of amalgamation or reorganisation is given effect to: or
(c) in respect of which an order for the supersession of the board and the appointment of an administrator therefor has been made no appeal, revision or review there against shall lie or be permissible, and the sanction or requisition of the Reserve Bank shall not be liable to be called in question.
### 92. Revision.
(1) Subject lo the provisions of section 91 the Central Government may, of its own motion or on an application, call for and examine (he records of any proceedings in which no appeal lies to the appellate authority under Section 90 for the purpose of satisfying itself as to the legality or propriety of any decision or order made under this Act and if in any case it shall appear to the Central Government that any such decision or order should be modified, annulled or revised or remitted for reconsideration, the Central Government may, after giving the party to be affected thereby a reasonable opportunity of being heard, pass such order thereon as it may deem fit:
Provided that the application to the Central Government for the exercise of the power under this section shall be preferred within ninety days from the date on which the decision or order to which the application relates was communicated lo the applicant :
Provided further that the Central Government may. if satisfied that the appellant was prevented by sufficient cause from making the application within the said period of ninety days. admit the application after the expiry of the said period.
(2) The Central Government may suspend the execution of the decision or order pending the exercise of its power under sub-section (1) in respect thereof.
(3) The Central Government may award costs in proceedings under this section to be paid out of the funds, of the multi-State co-operative society concerned or by such party to the application for revision as the Central Government may deem fit.
### 93. Review.
(1) The appellate authority under Section 90 may, on the application of any party interested, review its own order in any case and pass in reference thereto such order as it thinks fit:
Provided that no such application shall be entertained unless the appellate authority is satisfied that there has been a discovery of new and important matter or evidence which after exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when the order was made or that there has been some mistake or error apparent on the face of the record or for any other sufficient reason :
Provided further that no such order shall be made under this sub-section unless notice has been given to all interested parties and they have been afforded a reasonable opportunity of being heard.
(2) An application for review under sub-section (1) by any party shall be made within thirty days from the dale of communication of the order of the appellate authority sought to be reviewed.
### 94. Interlocutory Orders.
- Where an appeal is made under Section 90 or where the Central Government calls for the records of a case under Section 92 the appellate authority or the Central Government, as the case may be may in order lo prevent the ends of justice being defeated make such interlocutory orders, including an order of stay pending the decision of the appeal or revision as such authority or the Central Government may deem fit.
### 95. Co-Operative Societies Functioning Immediately before Reorganisation of States.
(1) Where by virtue of the provisions of Part II of the States Re-organisation Act, 1956, or any other enactment relating to reorganisation of States any co-operative society which immediately before the day on which the reorganisation takes place had its objects confined lo one State becomes, as from that day. a multi-State cooperative society, it shall be deemed to be a multi-State co-operative society registered under the corresponding provisions of this Act and the bye-laws of such society shall, in so far as they are not inconsistent with the provisions of this Act, continue to be in force until altered or rescinded.
(2) If it appears to the Central Registrar or any officer authorised' in this behalf by the Central Government (hereafter in this section referred to as the authorised officer) that it is necessary or expedient to reconstitute or reorganise any society referred to in sub-section (1), the Central Registrar or the authorised officer, as the case may be, may, with the previous approval of the Central Government, place before a meeting of the general body of that society, held in such manner as may be prescribed, a scheme for the reconstitution or reorganisation, including proposals regarding-
(a) the formation of new multi-State co-operative societies and the transfer thereto in whole or in part, of the assets and liabilities of that society, or
(b) the transfer, in whole or in part, of the assets and liabilities of that society to any other multi-State co-operative society in existence immediately before the date of that meeting of the general body (hereafter in this section referred to as the existing multi-State co- operative society).
(3) If the scheme is sanctioned by a resolution passed by a majority of the members present at the said meeting, either without modifications or with modifications to which the Central Registrar or the authorised officer agrees, he shall certify the scheme and upon such certification, the scheme shall, notwithstanding anything to the contrary contained in any law, regulation or bye-laws for the time being in force, be binding on all the societies affected by the scheme, as well as the shareholders and creditors of all such societies.
(4) If the scheme is not sanctioned under sub-section (3), the Central Registrar or the authorised officer may refer the scheme to such Judge of the appropriate High Court, as may be nominated in this behalf by the Chief Justice thereof, and the decision of that Judge in regard to the scheme shall be final and shall be binding on all the societies affected by the scheme as well as the shareholders and creditors of ail such societies.
(5) Notwithstanding anything contained in this section, where a scheme under sub-section (2)the transfer of the assets and liabilities of any multi-State co-operative society referred to in clause (b) thereof, the scheme shall not be binding on such multi-State co- operative society or the shareholders and creditors thereof, unless the proposal regarding such transfer is accepted by that multi-State co-operative society by a resolution passed by a majority of the member present at a meeting of its general body.
### 96. Offences.
(1) A multi-State co-operative society or an officer or member thereof willfully making a false return or furnishing false information or any person willfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions of this Act, or willfully not furnishing any information required from him by a person authorised in this behalf under the provisions of this Act, shall be punishable with fine which may extend to two hundred rupees.
(2) Any employer who without sufficient cause, fails to pay to a multi State co-operative society the amount deducted by him under 58 within a period of fourteen days from the date on which such deduction is made shall, without prejudice to any action that may be taken against him under any other law for the time being in force, be punishable with fine which may extend to five hundred rupees.
(3) Any officer or custodian who willfully fails to hand over custody of books, accounts, documents records, cash, security and other property belonging to a multi-State co-operative society of which he is an officer or custodian, to a person entitled under Section 49, Section 67, Section 68, Section 69 or Section 80 shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing breach, with a further fine which may extend to five hundred rupees for every day during which the breach is continued after conviction for the first such breach.
### 97. Cognizance of Offences.
(1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
(2) No prosecution shall be instituted under this Act without the previous sanction of the Central Registrar and such sanction shall not be given without giving to the person concerned a reasonable opportunity to represent his case.
### 98. Copy of Act, Rules and bye-laws, etc., to be open to Inspection.
- Every multi-State co-operative society shall keep a copy of this Act, the rules and its bye-laws and also a list of its members, open to inspection free of charge at all reasonable times at the registered address of the society.
### 99. Power to Exempt Multi-State Cooperative Societies from Conditions as to Registration.
(1) Notwithstanding anything contained in this Act the Central Government may, by general or special order, for reasons to be recorded therein, and subject to such conditions, if any, as may be specified therein exempt any multi-State co-operative society or class of such societies from any of the requirements of this Act relating to registration.
(2) (a)
The Central Government may, by general or special order and for reasons to be recorded therein, -
(i) exempt any multi-State co-operative society or any class of such societies from any of the provisions of this Act or of the rules: or
(ii) direct that such provisions shall apply to such society or class of societies with such modifications not affecting the substance thereof as may be specified in the order :
Provided that no order shall be made under sub-clause (ii) so as to prejudice the interests of such society or class of such societies without a reasonable opportunity being given to make representation in the matter.
(b) Every order made under clause (a) shall be published in the Official Gazette.
### 100. Liquidator to be Public Servant.
- Any person appointed as liquidator 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.
### 101. Notice Necessary in Suits.
- "No suit shall be instituted against a multi-State co-operative society or any of its officers in respect of any act touching the constitution, management or the business of the society until the expiration of ninety days next after notice in writing has been delivered to the Central Registrar or left at his office, slating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims, and the plaint shall contain a statement that such notice has been so delivered or left.
### 102. Certain Acts not to Apply.
(1) The provisions of the Companies Act, 1956 and the Monopolies and Restrictive Trade Practices Act, 1969 shall not apply to multi-State cooperative societies.
(2) The multi-State co-operative societies registered or deemed to be registered tinder the provisions of this Act shall not indulge in monopolistic and restrictive trade practices, as defined in the Monopolies and Restrictive Trade Practices Act, 1969.
### 103. Savings of Existing Multi-State Cooperative Societies.
(1) Every multi-State co-operative society existing immediately before the commencement of this Act which has been registered under the Cooperative Societies Act 1912 or under any other Act relating to cooperative societies in force, in any State or in pursuance of the provisions of the Multi-unit Co-operative Societies Act, 1942 shall be deemed to be registered under the corresponding provisions of this Act and the bye-laws of such society shall, in so far as they are not inconsistent with the provisions of this Act or the rules, continue to be in force until altered or rescinded.
(2) All appointments, rules and orders made, all notifications and notices issued and all suits and other proceedings instituted under any of the Acts referred to in sub-section (1) shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been respectively made, issued and instituted under this Act. save that an order made cancelling the registration of a multi-State co-operative society shall be deemed, unless the society has already been finally liquidated to be an order made under Section 77 for its being wound up.
### 104. Power to Amend Second Schedule.
(1) If the Central Government is satisfied that any multi-State cooperative society should be designated as a national co-operative society or any national co-operative society specified in the Second Schedule should be omitted from the said schedule, it may by notification, amend the said Schedule so as to include therein such multi-State co-operative society or exclude therefrom such national co-operative society, and thereupon the said Schedule shall be deemed to have been amended accordingly.
(2) A copy of every notification made under sub-section (1) shall he laid before each House of Parliament as soon as may be after it is made.
### 105. Bar of Jurisdiction of Courts.
(1) Save as otherwise provided in this Act no court shall have jurisdiction in respect of-
(a) the registration of a multi-State co-operative society or its bye-laws or of an amendment of the bye-laws:
(b) the removal of board of directors:
(c) any dispute required under Section 74 to be referred to the Central Registrar: and (d) any matter concerning the winding up and the dissolution of a multi-State co-operative society.
(2) While a multi-State co-operative society is being wound up no suit or other legal proceedings relating to the business of such society shall be proceeded with or instituted against the liquidator or against the society or any member thereof, except by leave of the Central Registrar and subject to such terms and conditions as be may impose.
(3) Save as otherwise provided in this Act no decision or order made under this Act shall be questioned in any court.
### 106. Powers of Civil Court.
(1) In exercising the functions conferred on him by or under this Act, the Central Registrar, or any other person deciding a dispute under Section 76 and the liquidator of a multi-State cooperative society and a person entitled to audit, inspect or hold an inquiry 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 :-
(a) summining and enforcing the attendance of any person and examining him on oath :
(b) requiring the discovery and production of any document: (c) proof of facts by affidavits: and (d) issuing commissions for examination of witnesses.
(2) In the case of an affidavit, any officer appointed by the Central Registrar, or any other person deciding a dispute or the liquidator, as the case may be may administer oath to the deponent.
### 107. Indemnity.
- No suit prosecution or other legal proceedings shall lie against the Central Registrar or any person subordinate to him or acting on his authority or against any other person, in respect of anything in good faith done or purporting to have been done under this Act.
### 108. Opening of Branches.
(1) Notwithstanding anything contained to the contrary in any law relating to co-operative societies in force in a State, a multi-State cooperative society, not being a co-operative bank may open branches or places of business in any place in India.
(2) Where a multi-State co-operative society opens branches or places of business in any State under sub-section (1) the Registrar of Cooperative Societies in such Stale shall not exercise any jurisdiction in relation to such branches or places of business nor shall call for any returns or information therefrom.
### 109. Power to make Rules.
(1) The Central Government may by notification, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(i) the form to be used the particulars to be given and the conditions to be complied with in the making of applications under Section 6 for the registration of a multi-State co- operative society and the procedure in the matter of such applications:
(ii) the number of the applicants and the manner in which the order of refusal to register a multi-State co-operative society and its bye-laws shall be communicated under sub-section (2) of Section 7 :
(iii) the manner in which the order of refusal to register any amendment of the bye-laws shall he communicated under sub-section (4) of Section 9 and Section 18 :
(iv) the procedure and conditions for change in the extent of the liability of a multi-State cooperative society under Section 13 :
(v) the matters in respect of which multi-State co-operative society may make bye-laws and the procedure to be followed in making, altering and abrogating bye-laws under Section 9 or Section 18 and the conditions to be satisfied prior to such making, alteration or abrogation:
(vi) the conditions to be complied with under Section 19 by persons applying for admission as members, for the election and admission of members and the payment lo be made and the interest to he acquired before the exercise of the right of membership:
(vii) the number of individuals who may he admitted as members of the National Co-operative Union of India Limited. New Delhi as required by Section 19 and their qualifications:
(viii) the withdrawal and expulsion of members and the payments, if any, to be made to members who withdraw or are expelled and the liability of past members or the estates of deceased members:
(ix) the votes of members, as required by Section 22 :
(x) the maximum number of shares of a multi-State co-operative society which may subject to the provisions of Section 24 be held by a member:
(xi) the constitution and powers of a smaller body representing the general body under Section 29 :
(xii) general meeting of the members under Section 30 the period within which such meeting be called and the procedure at such meetings and the powers to be exercised by such meetings;
(xiii) the proportion of individuals and multi-State co-operative societies in the constitution of the board of directors and the general body under Section 32 :
(xiv) the election of members of the boards under Section 35 , and nomination of members to such boards under Section 41 , the appointment or election of officers and the powers to be exercised and the duties to be performed by the boards and other officers;
(xv) the restrictions and conditions subject to which honorarium may be paid under Section 38 to the elected chairman or president or the board of directors for services rendered;
(xvi) the additional measures and acts which may be taken or, as the case may be, done by the board under Section 42 ;
(xvii) the number of meetings of the board, the venue of such meetings and the number of committees or sub-committees for purposes of sections 43 and 46;
(xviii) the appointment and regulation of work entrusted to persons replacing the board in pursuance of Section 48 ;
(xix) the constitution of a body of persons under Section 50 for the preparation of a list of persons eligible for appointment to the posts of Chief Executives and other management posts in national co-operative societies and the amount of the maximum pay-scale applicable to such posts;
(xx) the recruitment, remuneration, allowances and other conditions of service of officers and other employees of national co-operative societies under Section 50 ;
(xxi) prohibiting a multi-State co-operative society from electing a defaulting member, or a representative of defaulting member-society, on its board;
(xxii) the returns to be submitted by a multi-State co-operative society to the Central Registrar, the persons by whom and the form in which such returns shall be submitted and in case of failure to submit any such returns, the levy of expenses of preparing it;
(xxiii) the persons by whom and the form in which copies of entries in books of multi-State cooperative societies may be certified under Section 56 and the charges to be levied for the supply of such copies;
(xxiv) the terms and conditions on which the Central Government may make share capital contribution or give financial or other assistance to multi-State co-operative societies under Section 59 and the terms and conditions on which the Central Government may guarantee the payment of the principal or interest on debentures issued by multi-State co-operative societies or loans or deposits raised by them;
(xxv) the procedure to be followed in proceedings before the Central Registrar or other persons deciding disputes, including the appointment of a guardian for a party to the dispute who is a minor or who by reason of unsoundness of mind or mental infirmity, is incapable of protecting his interests, and the levy of expenses relating to such proceedings;
(xxvi) the mode in which the value of a deceased member's share or interest shall be ascertained and the nomination of a person to whom such share or interest may be paid or transferred;
(xxvii) the payments to be made and conditions to be complied with by members applying for loans, the period for which any loans may be made and the maximum amount which may be lent to any members;
(xxviii) the formation and maintenance of reserve funds and other funds under Section 61 and the objects to which such funds may be applied, and the investment of any funds under the control of a multi-State co-operative society under Section 62 :
(xxix) the conditions under which profits may be distributed under Section 61 to the members of a multi-State co-operative society and the maximum rate of dividend which may be paid multi-State co-operative societies;
(xxx) the prohibitions and restrictions subject to which multi-State co-operative societies may, under Section 65 , transact business with persons who are not members:
(xxxi) the accounts and books to be kept by a multi-State co-operative society and the audit of such accounts and the charges, if any, to be made for such audit under Section 67 and the periodical publication of a balance-sheet showing the assets and liabilities of a multi-State cooperative society:
(xxxii) the calculation and writing off of bad debts by multi-State cooperative societies:
(xxxiii) the appointment of persons for settlement of disputes under Section 76 :
(xxxiv) the procedure to be followed by a liquidator appointed under Section 80 in respect of provisions of Section 81 :
(xxxv) the manner in which the surplus assets may be divided amongst the members of the multi-State co-operative society under Section 82 ;
(xxxvi) the procedure for execution of decision under Section 85 ;
(xxxvii) the procedure to be followed in presenting and disposing of appeals under Section 90 ;
(xxxviii) the issue and service of processes and for proof of service thereof:
(xxxix) the manner of effecting attachment;
(xl) the custody, preservation and sale of property under attachment;
(xli) the investigation of claims by persons other than the defaulter to any right or interest in the attached property, and the postponement of sale pending such investigation;
(xlii) the immediate sale of perishable articles;
(xliii) the inspection of documents in the office of the Central Registrar or of any other officer or authority and the levy of fees for granting certified copies of the same;
(xliv) the manner in which funds may be raised by a multi-State co-operative society or a class of multi-State co-operative societies by means of shares or debentures or otherwise and the quantum of funds so raised;
(xlv) the procedure under Section 95 for reconstitution and re-organisation of societies which become multi-State co-operative societies consequent on reorganisation of a State;
(xlvi) the method of communicating or publishing any decision or order required lo be communicated or published under this Act or the rules;
(xlvii) the manner and the periodicity of returns of pending cases of registration of multi-State co-operative societies and amendments of bye-laws to be sent by the Central Registrar to the Central Government:
(xlviii) any other matter which is required to be or may be prescribed.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification to 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. Repeal.
- The Multi-Unit Co-operative Societies Act. 1942, is hereby repealed.
Schedule 1
------------
Co-Operative Principles
### 1. Membership of a multi-State co-operative society (hereafter in this Schedule referred to as the society should be voluntary and open without any social, political, or religions discrimination to all persons who can make use of its services, ###
2. In a society other than that with institutional membership, individual member should enjoy equal rights of voting - one member, one vote.
### 3. (i) Surplus or savings, if any arising out of the operations of the society belong to the society as a whole, and no individual member has a claim to the surplus. (ii)
The surplus should he utilised for all or any of the following purposes, namely :-
(a) providing for development of the business of the society:
(b) providing services for the common enjoyment of members:
(c) distribution among the members in proposition to their transactions with the society.
### 4. The society should undertake education of its members, officer-hearers and employees and the general public regarding the principles and practice of co-operation. ###
5. The society should actively co-operate in every practical way with other co-operative societies at local, national or international levels.
### 6. The share capital of a society shall receive strictly limited rate of interest (that is to say dividend). ###
7. The affairs of a society should he administered by the management in accordance with democratically expressed will of the members.
### 8. The management of the society is accountable to its own members. Schedule 2
------------
List of National Co-Operative Societies
### 1. National Co-operative Land Development Bunks Federation Limited Hyderabad. ###
2. National federation of State Co-operative Banks Limited, Bombay.
### 3. National Co-operative Union of India Limited, New Delhi. ###
4. National Agricultural Co-operative Marketing Federation of India Limited, New Delhi.
### 5. National Co-operative Consumers Federation of India Limited, New Delhi. ###
6. National Federation of Co-operative Sugar Factories Limited, New Delhi.
### 7. National Federation of Industrial Co-operatives Limited, New Delhi. ###
8. National Co-operative Housing Federation Limited, New Delhi.
### 9. Indian Farmers' Fertiliser Co-operative Limited, New Delhi. ###
10. All India Federation of Co-operative Spinning Mills Limited, Bombay.
### 11. All India Industrial Co-operative Banks Federation Limited, Bangalore. ###
12. National Co-operative Dairy Federation of India Limited, New Delhi.
### 13. Petrofils Co-operative limited, New Delhi. ###
14. National Heavy Engineering Co-operative Limited, New Delhi.
### 15. The All India Handloom Fabrics Marketing Co-operative Society Limited, Bombay. ###
16. The National Federation of Urban Co-operative Banks and Credit Societies Limited, New Delhi.
### 17. Krishak Bharati Cooperative Limited, New Delhi. ###
18. National Federation of Fisher-men's Co-operative Limited, Bombay.
### 19. National Federation of Labour Co-operatives Limited, New Delhi. ###
20. National Co-operative Tobacco Growers' Federation Limited.
|
65ba5923ab84c7eca86eb079 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994
-----------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994
=======================================================================
Rule TAMIL-NADU-MANUAL-WORKERS-CONSTRUCTION-WORKERS-WELFARE-SCHEME-1994 of 1994
---------------------------------------------------------------------------------
* Published on 4 October 1994
* Commenced on 4 October 1994
Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994
Published vide Notification No. G. O. MS. NO. 198, L. & E, dated 4th October 1994
Published in Part III, section 1 (a) of the Tamil Nadu Government Gazette Extraordinary, dated the 6th October 1994.
G. O. MS. NO. 198, L. & E, dated 4th October 1994. - In exercise of the powers conferred by section 4 of the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Tamil Nadu Act 33 of 1982), the Governor of Tamil Nadu hereby makes the following Scheme for the employment in construction or maintenance of dams, bridges, roads or in any building operations, the draft of the same having been previously published as required under section 4 of the said Act:-
### 1. Short title, extent, application and commencement.
(1) This Scheme may be called the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994.
(2) It extends to the whole of the State of Tamil Nadu.
(3) [ It shall apply to the manual workers engaged in construction or maintenance of dams, bridges, roads or in any building operation [or stone breaking or stone crushing or construction of pandals or brick manufactory other than the brick manufactory under the Factories Act, 1948 (Central Act 63 of 1948)]
[Vide G. O. Ms. No. 59, Labour and Employment (1-1), dated the 28th March 2001 With effect from 11th April 2000.]
].
(4) It shall come into force at once in the City of [Chennai]
[Substituted for the word 'Madras' by City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).]
, the City of Madurai and the City of Coimbatore and it shall come into force in other areas on such date as the State Government may by notification, appoint and different dates may be appointed for different areas.
### 2. Definitions.
- In this scheme, unless the context otherwise requires,-
(a) "Act" means the Tamil Nadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 (Tamil Nadu Act 33 of 1982);
(aa) [ "family" ,means-
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
(i) in the case of male member, his wife, children whether married or unmarried, dependent parents and the widow and children of the deceased son of the member;
(ii) in case of a female member, her husband, children, dependent parents and widow and children of a deceased son of the member;]
(b) "General Fund" means the Manual Workers General Welfare Fund constituted under clause 9;
(c) [ "Manual Worker" means any person who has completed [eighteen years]
[With effect from 28th March 2001, vide G. O. Ms. No. 59, Labour and Employment (1-1), dated the 28th March 2001.]
of age but has not completed sixty years of age and who is engaged to do any manual, work in construction or maintenance of dams, bridges, roads or in any building operations [or stone breaking or stone crushing or construction of pan-dais or brick manufactory other than the brick manufactory under the Factories Act, 1948 (Central Act 63 of 1948)]
[Inserted by G. O. Ms. No. 59, L&E, dated 28th March, 2001 with effect from 28th March 2001.]
as a worker falling under any one of the classes of workers specified in Schedule I;]
(d) "Schedule" means a Schedule appended to this scheme;
(e) words and phrases used, but not defined in the scheme shall have the respective meaning assigned to them in the Act.
### 3. Objects.
- The object of the scheme is to provide for the following welfare measures for the manual workers engaged in construction or maintenance of dams, bridges, roads or in any building operations, namely:-
(1) Creches;
(2) [ Personal Accident Relief;]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
(3) Provident Fund and Employees' State Insurance Scheme;
(4) Pension Scheme;
(5) [ Assistance to meet the funeral expenses of a registered manual worker;]
[Substituted by G. O. Ms. No. 200, L&E (1-1), dated the 15th November 1999.]
[(5-A) Assistance on the natural death of a registered manual worker;]
[Added by G. O. Ms. No. 200, L&E (1-1), dated the 15th November 1999.]
(6) [ Assistance for the education of the son or daughter of a registered manual worker;]
[Added by G. O. Ms. No. 139, L&E (1-1), dated the 3rd November, 1998.]
(7) Assistance for marriage of the son or daughter of a registered manual worker;
(8) [ Assistance for the delivery of a child or the miscarriage of pregnancy or the termination of pregnancy, by a registered woman manual worker.]
[Substituted by G. O. Ms. No. 200, L&E (1-1), dated the 15th November, 1999.]
### 4. Powers and functions of the Board.
(1) Subject to the other provisions of the Act, the Board may take such measures as it may consider necessary for carrying out the objects of the scheme set out in clause 3.
(2) The Board may create such number of posts of officers including the Secretary and other employees as are necessary and appoint persons to such posts on such terms and conditions of service as it may deem fit:
Provided that no post equivalent to a post in Group A or Group B in the State Government service shall be created and appointment to such post shall be made by the Board except with the previous approval of the State Government.
(3) The Board shall-
(a) subject to availability of funds, provide for the welfare of registered manual workers including medical services;
(b) subject to availability of funds, provide health and safety measures in places where the registered manual workers are employed;
(c) maintain and administer the General Fund and recover the contribution towards that Fund;
(d) maintain and administer Provident Fund for registered manual workers when such fund is constituted;
(e) subject to the provisions of the scheme, any property vested with the Board shall be held and utilised by it only for the purpose of the scheme.
(4) The Board may, with the previous permission of the State Government, borrow money in order to augment its resources.
(5) The Board may accept deposits from persons, authorities or establishments with whom it has to transact any business, on such condition as it deems fit.
(6) The Board shall have the authority to spend such sum as it thinks fit for the purposes of the scheme from out of the General Fund.
(7) The Board shall keep proper accounts for all receipts and expenses under the scheme.
(8) The Board shall submit to the State Government copies of proceedings of the meetings of the Board.
(9) The Board may,-
(a) prescribe forms, records, registers, statements required for the administration of the scheme;
(b) sanction the annual budget;
(c) make recommendations to the State Government about any modifications in the scheme.
### 5. Registration of manual workers.
(1) Any manual worker may register his name with the Board [through the Labour Officer (Social Security Scheme) of the respective District]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
for the purpose of the scheme.
(2) [ Application for such registration shall be made [in duplicate to the Labour Officer (Social Security Scheme) of the respective district,]
[Substituted by G. O. Ms. No. 200, Labour and Employment (1-1), dated the 15th November 1999.]
in Form A in Schedule II together with the certificate of employment issued by any of the persons or authorities specified below: -
(a) Employer engaged in construction industry for purpose of trade or business;
(b) Registered contractor;
(c) Government organisations or agencies engaged in building industry; and
(d) Registered Trade Union.
(e) [ Village Administrative Officer concerned and for Chennai district the Revenue Inspector concerned.]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
]
Two passport size photographs of the applicant should accompany each application. One of the passport size photographs should be pasted on the application in the place provided for it. The second passport size photograph should be enclosed in a cover and attached to the application. The applicant should write his/her name on the reverse of the photograph. The person issuing the certificate of employment under this clause should attest both the photographs.
(3) The fee for such registration shall be Rs. 25.
(4) (a) The registration of the name of the manual worker with the Board shall be made by the Labour Officer (Social Security Scheme) of the respective District after due verification by the respective Village Administrative Officer and for Chennai district by the Revenue Inspector concerned.
[(b) The registration under this clause is valid for a period of [five years] or when the registered manual worker attains the age of sixty years whichever is earlier.]
(5) [ Every manual worker whose name has been registered under this clause shall be issued with an identity card in Form J at free of cost.]
[Substituted by G. O. Ms. No. 200, L&E (1-1), dated the 15th November 1999.]
### 5A. [ Nomination.
[Inserted by G. O. Ms. No. 200, L&E (1-1), dated the 15th November 1999.]
(1) Every manual worker shall, at the time of making the application for his/her registration with the Board [through the Labour Officer (Social Security Scheme) of the respective district]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
, make a nomination in Form H for the purpose of sub-clause (5) of clause 11 and clauses 14 and 14-A.
(2) A manual worker may, in his /her nomination, distribute the amount payable under sub-clause (4) of clause 11 and clauses 14 and 14-A amongst more than one nominee.
(3) If-a manual worker has a family at the time of making a nomination, the nomination shall be made in favour of one or more members of his family. Any nomination made by such employee in favour of a person who is not a member of his family shall be void.
(4) If at the time of making a nomination, the manual worker has no family, the nomination may be made in favour of any person or persons.
If the manual worker subsequently acquires a family, such nomination shall forthwith become invalid and the manual worker shall make within ninety days of acquiring a family, a fresh nomination in favour of one or more members of his/her family.
(5) A nomination may, subject to the provision of sub-clause (4), be modified by a manual worker at any time after giving to the [Board, through the Labour Officer (Social Security Scheme) of the respective district,]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated. 31.10.2008.]
a written notice in Form I of his/her intention to do so.
(6) If a nominee predeceases the manual worker, the interest of the nominee shall revert to the manual worker who shall make a fresh nomination, in Form H in respect of such interest.
(7) Every nomination, fresh nomination, or alteration of nomination, as the case may be, shall be sent by the registered manual worker to the Board [through the Labour Officer (Social Security Scheme) of the respective district]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
, which shall keep the same in safe custody.
(8) [ Where the nomination made is incomplete or becomes void, the assistance shall be released to the legal heirs of the deceased registered manual worker.]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
### 6. Renewal of registration.
- Every manual worker whose name has been registered under clause (5) shall renew his/her initial registration or the subsequent renewal of his/her registration before the expiry of the period as specified in the Table below. If the registration is not renewed within the period stipulated in column (2) of the Table below, [the Labour Officer (Social Security Scheme) of the respective District after due verification]
[Substituted for 'the Secretary or any other officer authorised in this behalf by the Board' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
, shall take action as is specified in column (4) and column (5) corresponding to the period specified in columns (1) and (2) of the Table.
| | | | | |
| --- | --- | --- | --- | --- |
|
Date of registration/renewal of registration
|
Period before which registration should be
renewed
|
Fee for renewal
|
Period by which notice for cancellation of
registration should be sent
|
Period by which registration should be cancelled
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
Any day between First January and Thirtieth June
of a year.
|
After five years from the date of initial
registration or subsequent renewal but before Thirtieth June of
that year.
|
Rupees Ten.
|
After the expiry of the period specified in
column (2) and on or after the First July but before Thirty-first
August of that year.
|
If the registration is not renewed within one
month after the issue of the notice specified in column 4
|
|
Any day on or between First July and Thirty-first of December of a year.
|
After five years from the date of initial registration or subsequent renewal but before Thirty-first of December of that year.
|
Rupees Ten.
|
After the expiry of the period specified in column (2) and on or after the First January but before 28th February of the succeeding year.
|
If the registration is not renewed within one month after the issue of the notice specified in column (4) .
|
### 6A. [ Suspension and cancellation of registration.
[Inserted by G. O. Ms. No. 59, L&E (1-1), dated the 28th March, 2001 (with effect from 11th April 2000).]
(1) The [Labour Officer (Social Security Scheme) of the respective district] may, if he has any reasonable cause to believe that the registration under this scheme has been secured by a manual worker, by making any statement in relation to any application for registration, which is incorrect or false or has contravened any of the provisions of the Act, or rule or scheme framed under this Act, suspend such regulation pending completion of any enquiry against the registered manual worker.
(2) The [Labour Officer (Social Security Scheme) of the respective district]
[Substituted for 'Secretary' by G.O. Ms. No. 122, dated 24.10.2008. published dated 31.10.2008.]
may, if he is satisfied after making such enquiry as he may think fit that the registered manual worker has made a false or incorrect statement of the nature referred to in sub-clause (1) or has contravened any of the provisions of the Act, or rule or scheme framed under this Act, cancel such registration:
Provided that, no such registration shall be cancelled, unless the manual worker thereof has been given a reasonable opportunity of showing cause against the proposed action.
(3) Every person whose registration has been cancelled shall forfeit all his claims under the scheme.
(4) Any registered manual worker aggrieved by the orders passed under sub-clauses (1) and (2) may prefer an appeal to the Secretary of the Board within thirty days from the date of receipt of such order:
Provided that if the appellate authority satisfies that there is sufficient cause for the delay, he may, after recording the reasons in writing, entertain appeal after a period of thirty days but within a period of ninety days.
(5) An appeal shall be disposed off within a period of three months from the date of filing of such appeal, after giving an opportunity to the appellant. The orders passed in appeal shall be final.]
### 7. [ Supply of duplicate Identity Card.
[Substituted by G. O. Ms. No. 200, L&E (1-1), dated the 15th November 1999.]
- In the case of loss of identify card issued under sub-clause (5) of clause 5, a duplicate identify card will be issued by the Board [through the Labour Officer (Social Security Scheme) of the respective district after verification] either on an application by the registered manual worker concerned, or in the event of his death, by his nominee. The fee for the issue of a duplicate card shall be rupees twenty only.]
### 8. Maintenance of registers.
(1) The Board [and the Labour Officer (Social Security Scheme) of the respective district]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
shall maintain a register containing the names and addresses of the manual workers registered under the scheme and such other particulars as the Board may consider necessary.
(2) The Board may maintain such other records and registers as it considers necessary.
### 9. Manual Workers' Welfare Fund.
(1) There shall be constituted a fund called the "Manual Workers General Welfare Fund" to which shall be credited-
(a) all moneys received by the Board from the State Government;
(b) all contributions received by the Board under the scheme;
(c) all moneys received by the Board by way of sale or disposal of properties and other assets;
(d) interest on investment in securities and deposits and rents; and
(e) all moneys received by the Board in any other manner or from any other source;
(2) The General Fund constituted under the scheme shall vest in, and be held and applied by, the Board for the purposes of implementation of the scheme.
(3) All moneys forming part of the General Fund shall be kept in Current Account or Deposit Account with the Reserve Bank of India or in any Nationalised Bank or in any other Banks or Financial Institutions approved by the Government, from time to time. Such accounts shall be operated by such officers of the Board as may be authorised by it.
### 10. Creches.
- Creches shall be provided and administered by the Board in appropriate locations at work sites and residential areas wherever necessary in order to cater to the needs of the babies of women construction workers. The Board may involve organisations of workers and voluntary organisations towards discharging this obligation.
### 11. [ Personal Accident Relief.
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
(1) All registered manual workers when met with an accident are eligible for Personal Accident Relief and where the accident results in death, their nominees are eligible for Personal Accident Relief.
Explanation. - For the purpose of this clause, "accident" means any bodily injury [\*\*\*] or loss of limbs or loss of sight resulting to a registered manual workers solely and directly from accident arising out of and in the course of his employment [or death]
[Inserted by G.O. Ms. No. 34, dated 28.02.2011, published dated 01.03.2011.]
but does not include any intentional self injury, suicide, attempted suicide, injury caused while under the influence of intoxicating liquor or drugs or caused by insanity or resulting from the commission of any breach of the law, or rules, regulations or instructions applicable, from time to time.
(2) The risk covered by the Personal Accident Relief scheme and the amount of compensation payable shall be as follows:-
| | | |
| --- | --- | --- |
|
(a) |
Death
|
.. Rs. 1,00,000
|
|
(b) |
Loss or actual physical separation of or total
and irrecoverable loss of use of:-
|
|
|
|
(i) both hands; or
|
|
|
|
(ii) both feet; or
|
.. Rs.1,00,000
|
|
|
(iii) one hand and one foot; or
|
|
|
|
(iv) total and irrecoverable loss of sight in
both eyes
|
|
|
(c) |
Loss or actual physical separation of or total
and irrecoverable loss of use of:-
|
|
|
|
(i) one hand; or-.
|
|
|
|
(ii) one foot; or
|
Rs.50,000
|
|
|
(iii) total and irrecoverable loss of sight in
one eye.
|
|
|
(d) |
Permanent total disablement from injuries other
than
|
|
|
(e) |
Permanent partial disablement as specified in
column (1) of the Table below
|
|
At the rate specified in the corresponding entry in column (2) of the Table below
| | |
| --- | --- |
|
Nature of disablement
|
Compensation in percentage (to be applied on Rs.
1,00,000/-)
|
|
(1) |
(2) |
|
|
|
Percent
|
|
1. Loss of toes
|
All
|
20
|
|
|
Great both phalanges
|
5
|
|
|
Great one phalanx
|
2
|
|
|
Other than great, if more than one toe lost, each
|
1
|
|
2. Loss of hearing
|
Both ears
|
50
|
|
3. Loss of hearing
|
One ear
|
15
|
|
4. Loss of four fingers and thumb of one hand
|
|
40
|
|
5. Loss of four fingers
|
|
35
|
|
6. Loss of thumb
|
Both Phalanges
|
25
|
|
7. Loss of index finger
|
Three Phalanges
|
10
|
|
|
Two Phalanges
|
8
|
|
|
One Phalanx
|
4
|
|
8. Loss of middle finger
|
Three Phalanges
|
6
|
|
|
Two Phalanges
|
4
|
|
|
One Phalanx
|
2
|
|
9. Loss of ring finger
|
Three Phalanges
|
5
|
|
|
Two Phalanges
|
4
|
|
|
One Phalanx
|
2
|
|
10. Loss of little finger
|
Three Phalanges
|
4
|
|
|
Two Phalanges
|
3
|
|
|
One Phalanx
|
2
|
|
11. Loss of Metacarpals
|
|
|
|
1st or 2nd
|
(additional) |
3
|
|
3rd 4th or 5th
|
(additional) |
2
|
|
12. Any other permanent partial disablement
|
|
Percentage as assessed by the Doctor
|
(3) Claim. - [(a) Immediately upon the happening of any accident while in pursuit of his employment resulting in death or loss of limbs or loss of sight, the employer shall send a report to the Labour Officer (Social Security Scheme) of the respective district and to the Police in Form B in Schedule II within three days of such occurrence of the accident. In any other case, the report of the accident may be sent to the Labour Officer (Social Security Scheme) of the respective district either by the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned. The Labour Officer (Social Security Scheme) of the respective district shall investigate the accident occurred, in the work place either on the report of the accident received from the employer or the injured worker or the nominee of the deceased worker or a representative of a trade union of the employment concerned.]
[Substituted by G.O. Ms. No. 34, dated 28.02.2011, published dated 01.03.2011.]
(b) In case of injury or loss of limbs or loss of eyesight specified in items (b) to (e) of sub-clause (2), the claim shall be made by the registered manual worker concerned and in the event of death of a registered manual worker within the work place, the claim shall be made by the nominee in Form C in Schedule II, in duplicate.
(c) In case of death of a registered manual worker due to accident [\*\*\*]
[Words 'arising out of and in the course of employment' omitted by G.O. Ms. No. 34, dated 28.02.2011, published dated 01.03.2011.]
First Information Report, death certificate and post-mortem certificate issued by an authority who is competent to issue such certificate or any other documents called for by the Labour Officer (Social Security Scheme) of the respective district shall be produced by the claimant. If there is delay for more than thirty days in getting the post mortem certificate, the certificate given by the Tahsildar in this regard shall be produced.
(d) In case of loss of limbs or loss of eyesight or partial disablement due to accident arising out of and in the course of employment, the claimant should produce First Information Report, discharge summary, medical certificate, disability certificate with percentage of disability issued by a medical officer not below the rank of a Civil Assistant Surgeon or by a Government Medical Officer who treated the claimant.
(e) The Labour Officer (Social Security Scheme) of the respective district shall, after due verification, sanction the compensation to the claimant.]
### 12. Provident Fund and Employees' State Insurance Scheme.
- The Board shall, in consultation with the authorities concerned and with the prior approval of the State Government, formulate appropriate Schemes for providing Contributory Provident Fund and Employees' State Insurance benefits for registered manual workers.
### 13. Pension Scheme.
- [(1) Eligibility. - Every registered manual worker who has complete 60 years of age is eligible for pension:
Provided that a manual worker who has not completed 60 years of age, but registered with the Board is also eligible for pension, if he has become disabled due to sickness and incapacitated from normal work;]
[Substituted by G.O. Ms. No. 36, dated 28.02.2011, published dated 01.03.2011.]
(2) Claim. - (a) Every registered manual worker who is eligible for pension under sub-clause (1) shall apply [in Form-CC to the Labour Officer (Social Security Scheme) of the respective district]
[Substituted for 'to the Board in such form as may be prescribed by the Board in this behalf' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
:
Provided that a disabled manual worker who is eligible for pension under the proviso to sub-clause (1) should produce to the [Labour Officer (Social Security Scheme) of the respective district]
[Substituted for 'Board' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
a certificate in proof of his disability issued by a Medical Officer not below the rank of a Civil Surgeon.
(b) The [Labour Officer (Social Security Scheme) of the respective district]
[Substituted for 'Board' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
shall examine every application for pension in accordance with the provisions of this clause and may accept or reject the claim. The decision of the Board shall be final:
Provided that the [Labour Officer (Social Security Scheme) of the respective district]
[Substituted for 'Board' by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
shall, before rejecting a claim for pension, give the applicant a reasonable opportunity of making his representation.
(3) Amount of pension.-The quantum of pension shall be such as may be fixed by the Board, from time to time, with the approval of the State Government.
### 14. [ Assistance to meet the funeral expenses of a registered manual worker.
[Substituted by GO. Ms. No. 200, L&E (1-1), dated the 15th November, 1999.]
(1) If a registered manual worker dies, the [Labour Officer (Social Security Scheme) of the respective district, after due verification] shall pay a sum of Rs. 2,000 (Rupees two thousand only) to the nominee of the deceased registered manual worker to meet the funeral expenses of the deceased registered manual worker.
(2) The application for claiming the amount specified in sub-clause (1) shall be in Form "D" and shall be accompanied by the death certificate of the deceased registered manual worker and original identity card issued to the deceased worker.]
### 14A. [ Assistance on the natural death of a registered manual worker.
[Inserted by G.O. Ms. No. 200, L & E (1-1), dated the 15th November, 1999.]
(1) If a registered manual worker dies naturally, the [Labour Officer (Social Security Scheme) of the respective district, after due verification] shall pay [a sum of Rs. 15,000 (Rupees fifteen thousand only)]
[Substituted by G.O. Ms. No. 91, L& E (1-1), dated the 14th June, 2005 (deemed to have come into force from 15th June, 2005).]
to the nominee of the deceased registered manual worker.
(2) The application for claiming the amount specified in sub-clause (1) shall be in Form "D" in Schedule II and shall be accompanied by the death certificate of the deceased registered manual worker and the original identity card issued to the deceased worker.]
### 15. Assistance for the education of the son or daughter of a registered manual worker.
- [(1) The assistance for the education of the children of a registered manual worker shall be sanctioned by "the Labour Officer (Social Security Scheme) of the respective district" after due verification as specified in Table below:-
| | | | | |
| --- | --- | --- | --- | --- |
|
Serial Number
|
Form
|
Course of Study
|
Day Scholar
|
Hosteller
|
|
|
|
|
Boys
|
Girls
|
Boys
|
Girls
|
|
|
|
|
Rs.
|
Rs.
|
Rs.
|
Rs.
|
|
-1-
|
-2-
|
-3-
|
-4-
|
-5-
|
|
Educational Assistance
|
|
1
|
EEE
|
10th Standard Studying-Girl children only
|
|
1,000
|
|
|
|
2
|
E
|
10th Standard passed
|
1,000
|
1,000
|
---
|
---
|
|
3
|
EEE
|
11th Standard Studying-Girl children only
|
|
1,000
|
---
|
---
|
|
4
|
EEE
|
12th Standard Studying -Girl children only
|
|
1,500
|
|
|
|
5
|
E
|
12th Standard passed
|
1,500
|
1,500
|
---
|
---
|
|
6
|
EE
|
Studying regular Bachelor Degree course (Every
academic year)
|
1,500
|
1,500
|
1,750
|
1,750
|
|
7
|
EE
|
Studying regular Post Graduate course (Every
academic year)
|
2,000
|
2,000
|
3,000
|
3,000
|
|
8
|
EE
|
Studying regular Professional Course in
Law,Engineering, Medicine, Veterinary, Science and allied courses
(Every academic year)
|
2,000
|
2,000
|
4,000
|
4,000
|
|
9
|
EE
|
Studying regular Post Graduate Professional
Course in Law, Engineering, Medicine,Veterinary, Science and
allied courses (Every academic year)
|
4,000
|
4,000
|
6,000
|
6,000
|
|
10
|
EE
|
Studying ITI or Polytechnic course (Every
academic year)
|
1,000
|
1,000
|
1,200
|
1,200]
|
(2) The amount shall be sanctioned only if the following conditions are fulfilled, namely: -
[\*\*\*]
[Item (a) Omitted by G.O. Ms. No. 35, dated 28.02.2011, published dated 01.03.2011.]
(b) Only two children of a registered manual worker shall be given this assistance; and
(c) The registered manual worker shall have no dues payable to the Board.
(3) [ The application for assistances specified in serial numbers 2 and 5 in column (1) of the Table in sub-clause (1), shall be in Form E in Schedule II, to be submitted after passing of the course, the application for assistances specified in serial numbers 6 to 10 in column (1) of the said Table shall be in Form EE in Schedule II to be submitted before completion or passing of the course, and the application for assistances specified in serial numbers 1,3 and 4 shall be in Form EEE in Schedule II to be submitted before completion or passing of the course.]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
(4) Where both husband and wife have applied for assistance under this clause, husband alone shall be eligible for such assistance.]
[Added by G. O. Ms. No. 59, L. & E. (1-1), dated the 28th March 2001 (with effect from 12th July 1999).]
### 16. [ Assistance for marriage.
[Substituted by G. O. Ms. No. 59,1. 61 E. (I-1), dated the 28th March 2001.]
- [(1) [The Labour Officer (Social Security Scheme) of the respective district shall, on an application from a registered manual worker, after due verification]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
, shall on an application from a registered manual worker sanction a sum of Rs. 2,000 (Rupees two thousand only) as assistance to meet the marriage expenses of the applicant or his son or daughter.]
(2) [ The amount shall be sanctioned only if the following conditions are fulfilled, namely: -
[\*\*\*]
[With effect from 22th November 1999 (vide G. O. Ms. No. 59, L. & E. (1-1), dated the 28th March 2001).]
(b) The family of a registered manual worker can avail this assistance only twice;
(c) A registered manual worker can avail this assistance for his first marriage or for his son or daughter;
(d) The registered manual worker shall have no dues payable to the Board; and
(e) The person for whose marriage the assistance is sought, shall have attained the age prescribed by law for marriage.]
(3) [ Where both husband and wife have applied for assistance to the marriage of his son or daughter under this clause, husband alone shall be eligible for this assistance.]
[With effect from 12th July 1999 [vide G. O. Ms. No. 59, L. & E. (1-1), dated the 28th March 2001].]
(4) [ The application for assistance under this clause shall be in Form-F in Schedule II.]
[Date of effect does not arise.]
]
### 17. [ Assistance for delivery of a child or for the miscarriage of pregnancy or for the termination of pregnancy by a registered woman manual worker.
[Substituted by G. O. Ms. No. 200, L. & E. (1-1), dated the 15th November 1999.]
- [(1) The Labour Officer (Social Security Scheme) of the respective district shall, on an application from a registered Women manual worker, sanction the assistance as indicated below, after due verification of the proof produced by her of the pregnancy or delivery of a child by her or the miscarriage of her pregnancy or the termination of her pregnancy:-
| | |
| --- | --- |
|
(i) Pregnancy
|
-Rs.6,000/-
|
|
|
(Rs.3,000/- shall be paid on the seventh month
of pregnancy and remaining Rs.3,000/- shall be paid on delivery
of the child)
|
|
(ii) Miscarriage of pregnancy
|
-Rs.3,000/-
|
|
(iii) Termination of pregnancy
|
-Rs.3,000/-.]
|
(2) The amount shall be sanctioned only, if the following conditions are fulfilled, namely:-
[\*\*\*]
(b) A registered woman manual worker can get this assistance only twice;
(c) The registered woman manual worker shall have no dues payable to the Board; and
(d) The registered woman manual worker shall not be given this assistance if she already has two children.
(3) The application for claiming the amount specified in sub-clause (1) shall be in Form 'G' of Schedule II.]
### 17A. [ Assistance for purchase of spectacles by a registered manual worker.
[Added by GO. Ms. No. 44, L&E (1-1), dated the 2nd May 2002 (w.e.f. 29-5-2002).]
(1) The [Labour Officer (Social Security Scheme) of the respective district, shall, on an application from a registered manual worker, after due verification], sanction a sum not exceeding [Rs. 500 (Rupees five hundred only)]
[Substituted by G.O. Ms. No. 91, L&E (1-1), dated 4-6-2005 (deemed to have come into force from the 15th June 2005).]
as an assistance towards reimbursement of cost of spectacles.
(2) [ The assistance shall be restricted to 65 registered manual workers, depending upon the applications received per year in each district on "First Come-First Serve" basis.]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
(3) Only the applications with full particulars and documents as required in [Form-K]
[Substituted by G.O. Ms. No. 109, L&E (1-2), dated 29th November, 2002 (w.e.f. 18-12-2002). ['Form L' was changed to 'Form K' vide erratum Letter No. 8169/1-1/2004-2, L&E, dated 16th April 2004 published in the Tamil Nadu Government Gazette, Pt. II, section 2, Issue No. 18, dated the 12th May 2004 at p. 215].]
shall be taken up for consideration for the purpose of "First come - First Serve" basis.
(4) The amount shall be sanctioned, only if the following conditions are fulfilled, namely:-
[\*\*\*]
[Item (a) Omitted by G.O. Ms. No. 35, dated 28.02.2011, published dated 01.03.2011.]
(b) This assistance shall be given to a registered manual worker only once; and
(c) The registered manual worker applying for assistance shall have no dues payable to the Board.
(5) The application for claiming the amount specified in sub-clause (1) shall be in [Form-K]
[Substituted by G.O. Ms. No. 109, L&E (1-2), dated 29th November 2002 (w.e.f. 18-12-2002). ['Form L' was changed to 'Form K' vide erratum Letter No. 8169/1-1/2004-2, L&E, dated the 16th April 2004, published in the Tamil Nadu Government Gazette, Part II, section 2, Issue No. 18 dated the 12th May, 2004 at page 215].]
and shall be accompanied by an original certificate issued by a Registered Opthalmist (with date) and original cash bill towards the purchase of spectacle.]]
### 18. []
[Re-numbered by G.O. Ms. No. 139, L & E, dated the 3rd November 1998.]
Power to remove difficulties.
- If, in the opinion of the Board, any difficulty or doubt arises as to the interpretation of any of the provisions of the scheme or in the implementation of the scheme, the Board shall refer the question to the Government and the decision of the Government shall be final and binding.
I
---
[See clause 2(c) ]
### 1. Stone cutter or stone breaker or stone crusher. ###
2. Mason or brick layer.
### 3. Carpenter. ###
4. Painter or varnisher.
### 5. Fitter including bar bender. ###
6. Plumber for road pipe work.
### 7. Electrician. ###
8. Mechanic.
### 9. Well sinker. ###
10. Welder.
### 11. Head mazdoor. ###
12. Mazdoor.
### 13. Sprayman or mixerman (Road surfacing) ###
14. Wooden or stone packer.
### 15. Well diver for removing silt. ###
16. Hammerman.
### 17. Thatcher. ###
18. Maistry.
### 19. Blacksmith.
### 20. Sawer.
### 21. Caulker.
### 22. Mixer (including concrete mixer operator).
### 23. Pump operator.
### 24. Mixer driver.
### 25. Roller driver.
### 26. Kalasis or sarang engaged in heavy engineering construction, like heavy machinery, bridge work, etc.
### 27. Watchman.
### 28. Mosaic polisher.
### 29. Tunnel worker.
### 30. Rock breaker and quarry worker.
### 31. Marble/Kadappa stone worker.
### 32. Road worker.
### 33. Earth worker connected with construction work.
### 34. Worker engaged in processing lime.
### 35. Worker engaged in anti - sea erosion work.
### 36. Any other category of workers who is actually engaged in the employment in construction or maintenance of dams, bridges, roads or in any building operation.
### 37. [ Brick manufactory other than the brick manufactory under the Factories Act, 1948 (Central Act 63 of 1948).]
[Added vide G. O. Ms. No. 59, Labour and Employment, dated the 28th March, 2001 (date of effect does not arise).]
### 38. [ Employment in construction of pandals.]
[Added vide G. O. Ms. No. 59, Labour and Employment, dated the 28th March, 2001 (date of effect does not arise).]
[Schedule II]
[Substituted by G. O. Ms. No. 200, L. & E. (1-1), dated the 15th November 1999.]
[Form-A]
[Substituted by G.O. Ms. No. 122, dated 24.10.200S, published dated 31.10.2008.]
[See clause 5 (2) ]
Application for Registration
| |
| --- |
|
AffixPassportsizephotograph
|
To
The Labour Officer (Social Security Scheme),
......................district.
Registration No...................
(to be filled in by the Registration Authority)
| | | |
| --- | --- | --- |
|
1. Name of the Worker
|
|
|
|
2. Name of the Father/Husband
|
|
|
|
3. Date of birth
|
Month
|
Year
|
|
(Enclose Xerox copy of evidence Day in proof
duly attested by a Group A or Group B officer)\*
|
|
|
|
4. Marital status
|
|
|
|
(Whether married, unmarried, widow/widower)
|
|
|
|
5. Permanent address
|
|
|
|
6. Present address
|
|
|
|
7. State whether self - employed or employed
|
|
|
|
8. If employed, furnish the name and address of
the establishment and also the name and address of the
employer/contractor
|
|
|
|
9. Nature of work
|
|
|
|
10. Number of years engaged in the employment as
on the date of application
|
|
|
|
11. Particulars of the members of the family
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Age
|
Relationship
|
Marital status
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
### 12. (a) Whether the wife/husband is employed? (b)
If so furnish details
Signature of the manual worker
Declaration by the Applicant\*\*
I declare that I am not registered as a member in any other Manual Workers Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Signature or left hand thumb impression of the manual worker.
(Left hand thumb impression to be attested by the Registration Authority)
\* (i) Birth Certificate or (ii) School Certificate or (iii) Driving license or (iv) Ration Card or (v) Voter's identity card or (vi) Certificate from Registered Medical Practitioner not below the rank of Civil Surgeon of a Government Hospital in the prescribed format with the signature of the manual worker.
\*\*Any false declaration / certification will entail legal action.
Certificate of Employment
Certified that the particulars furnished by Thiru/Thirumathi/ Selvi.................................... regarding employment as a manual worker in the application for registration are true to the best of my knowledge and belief.
| | |
| --- | --- |
|
Place:Date:
|
Signature and name of the person/Officer issuing
the Certificate
|
\*\*Any false declaration / certification will entail legal action.
Verification Certificate
After due verification it is certified that the particulars furnished in the application and the proof are found correct and recommended for registration.
| | |
| --- | --- |
|
Place:Date:
|
Village Administrative Officer/Revenue Inspector (for Chennai district)
|
Office Note:-
Application and proof verified.
The recommendation of the..................is accepted and the applicant is registered as member of the Tamil Nadu Construction Workers Welfare Board. Application for membership rejected (In case of rejection, reason should be clearly mentioned).
Labour Officer (Social Security Scheme)
..............................district.
Acknowledgement Slip
Received from Selvi/Thiru/Tmt................................residing at .........................application for registration as manual worker in the Tamil Nadu Construction Workers Welfare Board.
| | |
| --- | --- |
|
Office Seal:
|
Signature of the Labour Officer(Social Security Scheme)Name:Designation:]
|
[Form-B]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 11(3) (a)]
Accident Intimation Form
To
The Labour Officer (Social Security Scheme),
....................district.
To
The Inspector /Sub-Inspector of Police,
..........................................
Sir,
Thiru/Thirumathi/Selvi/Selvan .............................................. son of/wife of/ daughter of........employed...........in the construction work place .................. at ............... has suffered loss of limbs/loss of eye-sight/total disablement/partial injury/death due to accident while engaged in his/her occupation/outside the workplace.
| | |
| --- | --- |
|
Date:
|
Signature of the Employer)Address:Signature of the worker/nominee.]
|
[Form C]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 11 (3) (b)]
Application for Payment of Compensation for Accidental Death/ Disability
To
The Labour Officer (Social Security Scheme)
....................district.
### 1. (a) Name of the registered manual worker (b)
Address (in full)
(on the date of death/ disability)
(c) Age
(d) Registration number and date of initial registration
(e) Renewal date
(f) Occupation
### 2. (a) Area (b)
Place
(c) Taluk
(d) District
### 3. (a) Name of the nominee (b)
Relationship with the deceased worker (in the case of accidental death only)
(c) Age of the nominee
(d) Address in full (with PIN Code No.)
### 4. Whether the claimant is the registered manual worker himself (in the case of accidental disability) or the nominee of the registered manual worker? ###
5. Date and time of accident
### 6. Place of accident (a) at the work place
(b) outside the work place
### 7. Whether intimation regarding accident has been given in Form B as per clause 11 (3) (a)? ###
8. Whether the accident resulted in death/loss of limb/loss of eye sight/partial injury?
### 9. In the case of accidental disability, a certificate from a Civil Surgeon of the Government Hospital indicating the percentage of disability due to accident with details should be obtained and enclosed in original. ###
10. (i) Date and time of death (in the case of accidental death):
(ii) Attested copy of First Information Report from the Police Station nearer to the place of accident to be enclosed
(iii) Post-Mortem Certificate and final Investigation Report should be sent in original
(iv) Death Certificate (attested copy) should be enclosed
Signature of the registered
manual worker /nominee in case of death.
Declaration by the Claimant\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount received as assistance for accidental death/disability. I also hereby declare that I have not received similar benefit by claim in any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the registeredmanual worker/nominee in case of death.
|
\*\* Any false declaration / certification will entail action.
Sanction
I hereby sanction, after due verification, a sum of Rs............./- (Rupees ............... only) as assistance to/Thiru/Tmt./Selvi.......... nominee/ registered manual worker for the accident as death / disability of Thiru/Thirumathi/Selvi................a registered manual worker.
Place:
| | |
| --- | --- |
|
Date:
|
Labour Officer (Social Security Scheme)............District.
|
Acknowledgement Slip
Received from Selvi/Thiru/Tmt................application for sanction of assistance towards accidental death/disability in respect of deceased registered manual worker Selvi/Thiru/Tmt ................... (Registration Number....................)/registered manual worker Selvi/Thiru/Tmt ..........(Registration Number ).
Signature of the Labour Officer
(Social Security Scheme) with date
.................district
Name:
| | |
| --- | --- |
|
Office seal:
|
Designation]
|
[FORM-CC]
[Inserted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 13(2) (a)]
Application for Pension / Disability Pension
| |
| --- |
|
Passportsizephotographdulysigned
|
To
The Labour Officer (Social Security Scheme)
......................district.
### 1. Name of the applicant ###
2. Address in full (to which pension is to be sent) (with PIN code)
### 3. Registration number and date (Original Identity Card should be enclosed) ###
4. Age and date of completion of 60 years of age
[Omitted by G.O. Ms. No. 36, dated 28.02.2011, published dated 01.03.2011]
### 6. Whether the registration has been renewed regularly without any default? If so, details may be furnished | | | |
| --- | --- | --- |
|
SI. No.
|
Date of initial registration
|
Period of validity of registration/renewal
|
|
|
|
From
|
To
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
### 7. Whether the applicant has become disabled due to sickness and incapacitated from normal work? (If so, a certificate by a Medical Officer not below the rank of Civil Surgeon of the Government Hospital under his name and seal should be enclosed in original): ###
8. Whether in receipt of any other pension?
If so, furnish complete details,:
Signature of the registered
manual worker / nominee in case of death.
Declaration\*\*
I hereby declare that the facts mentioned above are true to the best of my knowledge and information. I am not a registered worker of any other Board. If ultimately it is found that any of the information given by me is false, I agree to refund the entire amount received by me as pension / disability pension besides any other action that may be deemed fit by the appropriate authorities.
I also hereby declare that I have not received similar benefits by claim in any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
| | |
| --- | --- |
|
Place:Date:
|
Signature/Thumb impressionName
|
\*\*Any false declaration / certification will entail legal action.
Note:
### 1. Besides the photograph affixed above another passport size photograph should be enclosed with the application. ###
2. Incomplete applications will not be considered.
Sanction
I hereby sanction, after due verification, a monthly pension of Rs. .........../- (Rupees............only) with effect from The amount shall be sent by Money Order.
| | |
| --- | --- |
|
Place:
|
Labour Officer (Social Security Scheme)
|
..................district.
Date:
Acknowledgement Slip
Received from Selvi/Thiru/Tmt ................. (Address in full) ........... (Registration No...........) application for sanction of pension / disability pension.
Signature of Labour Officer (Social Security Scheme) with date ........................district
Name:
| | |
| --- | --- |
|
Office Seal
|
Designation:]
|
[Form D]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clauses 14 (2) and 14A (2)]
Application for Grant of Funeral Expenses/natural Death Assistance
To
The Labour Officer (Social Security Scheme)
.....................district.
### 1. Name of the deceased registered manual worker: ###
2. Address (in full at the time of death):
### 3. Age (on the date of death): ###
4. Nature of work :
### 5. (a) Registration Number and date of initial registration (Original identity card should be enclosed),
(b) Date of last renewal, indicating the period upto which renewed
### 6. (a) Place of death (b)
Date of death
(c) Cause of death (to be indicated clearly)
(Avoid indicating as "Natural Death")
(Death certificate in original should be enclosed)
### 7. (a) Name of the nominee (b)
Age of the nominee (in completed years)
(c) Address of the nominee in full indicating Pin Code
(d) Relationship of the applicant with the deceased registered manual worker.
Signature of the nominee of the registered manual worker
Declaration of the Nominee\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount received as assistance for death/funeral expenses of the deceased manual worker.
I also hereby declare that I have not received similar benefits by claim in any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place :
| | |
| --- | --- |
|
Date:
|
Signature of the nomineeregistered manual worker
|
\*\*Any false declaration / certification will entail legal action.
Certificate\*\*
I hereby certify that the particulars furnished in the application are correct.
Place:
Date:
our concerned / Any other officer permitted to give employment certificate.
\*\*Any false declaration / certification will entail legal action.
Sanction
### 1. I hereby sanction after due verification a sum of Rs....................../- (Rupees.............only) as assistance to Thiru./Tmt./Selvi.............. nominee / nominees, for the funeral of Thiru/Thirumathi/Selvi .............., a registered manual worker. 2.1
hereby sanction after due verification a sum of Rs............... /-(Rupees ................... only) as assistance to Thiru./Tmt./Selvi ........................ nominee / nominees, on the natural death of Thiru/Thirumathi/Selvi.................a registered manual worker.
| | |
| --- | --- |
|
Place:............ districtDate:
|
Labour Officer (Social Security Scheme)
|
Acknowledgement Slip
Received from Selvi/Thiru/Tmt...................claim application for sanction of Funeral/Natural death assistance in respect of deceased registered manual worker Selvi/Thiru/Tmt.................(Registration No.....)
Signature of the Labour Officer
(Social Security Scheme) with date
.....................district
Name:
| | |
| --- | --- |
|
Office Seal:
|
Designation:]
|
[Form E]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 15 (3) ]
Application For Educational Assistance For Pass In 10th Standard And 12th Standard Examination
To
The Labour Officer (Social Security Scheme)
...................district.
### 1. Name of the registered manual worker. ###
2. (a) Registration Number and date of initial registration.
(Original Identity card should be enclosed),
(b) Date of last renewal, indicating the period upto which renewed
### 3. Address (in full) with PIN Code ###
4. Details of family members of the registered manual worker.:-
| | | | |
| --- | --- | --- | --- |
|
SI.No.
|
Name
|
Relationship with the registered manual worker
|
Age
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
### 5. Details of the son or daughter for whom educational assistance is sought for:- | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name (Son/Daughter)
|
Date of Birth
|
Examination passed
|
Month and Year of Pass
|
Name of the School studied
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
Note:- Xerox copy of the Mark Sheet in support of having passed the Examination, duly attested by a Group A or Group B Officer should be enclosed.
### 6. Number of children for whom the educational assistance has already been availed from the Board | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Son/Daughter
|
Course for which assistance availed
|
Year of availing assistance Rs.
|
Amount of assistance (Rs.)
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
Signature of the registered manual worker.
Declaration by the Applicant\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount received as assistance. I further declare that I have not availed similar assistance from any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the registered manual worker
|
\*\*Any false declaration / certification will entail legal action.
Certificate\*\*
I hereby certify that the particulars furnished in the application are correct.
Place:
Date:
our concerned / Any other officer permitted to give employment certificate.
\*\*Any false declaration / certification will entail legal action.
Sanction
I hereby sanction, after due verification, a sum Rs..................../- (Rupees ................ only) as educational assistance in respect of Selvan/Selvi..............,\*son /\*daughter of\*Thiru/\*Tmt.............., registered manual worker (Registration Number................).
| | |
| --- | --- |
|
Place:
|
Labour Officer (Social Security Scheme)............ district
|
Date:
\*Strike out whichever is not applicable.
Acknowledgement Slip
Received from Thiru/Tmt .......................... (Registration Number .........) claim application for sanction of educational assistance.
Signature of the Labour Officer
(Social Security Scheme)with date
.......................district
Name:
| | |
| --- | --- |
|
Office Seal:
|
Designation:]
|
[Form EE]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 15 (3) ]
Application for Educational Assistance for Higher Education
To
The Labour Officer (Social Security Scheme)
...................district.
### 1. Name of the registered manual worker. ###
2. (a) Registration Number and date of initial registration (Original identity card should be enclosed),
(b) Date of last renewal indicating the period upto which renewed
### 3. Address (in full) with PIN Code : ###
4. Details of family members of the registered manual worker
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name
|
Relationship with the registered manual worker
|
Age
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
### 5. Details of the son or daughter for whom educational assistance is sought for:- | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Date of Birth
|
Name of the course studying
|
Duration of the course
|
Name of the College/Institution with address in
full
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
Note:- Certificate from the Principal of the College/Educational institution to the effect that the son or daughter of the registered manual worker is studying the course indicating whether a day scholar or hosteller should be enclosed in original.
### 6. Number of children for whom the educational assistance has already been availed from the Board | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Son/Daughter
|
Course for which assistance availed
|
Year of availing assistance Rs.
|
Amount of assistance
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
Signature of the registered manual worker
Declaration by the Applicant\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount received as assistance.
I also hereby declare that I have not received similar benefit by claim from any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the registered manual worker.
|
\*\*Any false declaration / certification will entail legal action.
Certificate\*\*
I hereby certify that the above particulars furnished in the application are correct.
Place:
Date:
Member, Tamil Nadu Construction Workers Welfare Board / President/
Secretary of the Registered Trade Union /
Assistant Inspector of Labour concerned /
Any other officer permitted to give employment certificate.
\*\*Any false declaration / certification will entail legal action.
Sanction
I hereby sanction after due verification for payment of Rs. ............./- (Rupees.............only) towards educational assistance in respect of Selvan/Selvi ..................(\*son /\*daughter) of \*Thiru/\*Tmt ....................... registered manual worker (Registration number ).
| | |
| --- | --- |
|
Place:
|
Labour Officer (Social Security Scheme)............. district
|
Date:
\*Strike out whichever is not applicable.
Acknowledgement Slip
Received from Thiru /Tmt ................. registered manual worker (Registration No ) claim application for sanction of educational assistance.
Signature of the Labour Officer
(Social Security Scheme) with date
.................district
Name:
| | |
| --- | --- |
|
Office Seal:
|
Designation:]
|
[Form EEE]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 15 (3) ]
Application For Educational Assistance For Girl Children Studying In 10th Standard/ 11th Standard/ 12th Standard.
To
The Labour Officer (Social Security Scheme)
..................district. \*
### 1. Name of the registered manual worker. ###
2. (a) Registration Number and date of initial registration (Original identity card should be enclosed),
(b) Date of last renewal indicating the period up to which renewed
### 3. Address (in full) with PIN Code: ###
4. Details of family members of the registered manual worker:
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name
|
Relationship with the registered manual worker
|
Age
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
### 5. Details of the daughter for whom educational assistance is sought for:- | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Date of Birth
|
Standard in which studying (STD.10th/11th/12th)
|
Year of Study (indicate the academic year)
|
Name of the school with full address
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
Note: - Certificate from the Head Master/Principal of the School to the effect that the daughter of the registered manual worker is studying the course, should be enclosed.
### 6. Number of children for whom the assistance has already been availed from the Board: | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Son/Daughter
|
Course for which assistance availed
|
Year of availing the assistance
|
Amount of assistance (Rs.)
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
|
|
|
|
|
|
|
Signature of the registered manual worker
Declaration by the Applicant\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount received as assistance.
I also hereby declare that I have not received similar benefits by claim from any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the manual worker.
|
\*\*Any false declaration/certification will entail legal action.
Certificate\*\*
I hereby certify that the particulars furnished in the application are correct.
Place:
Date:
Member, Tamil Nadu Construction Workers Welfare Board / President /
Secretary of the Registered Trade Union /
Assistant Inspector of Labour concerned /
Any other officer permitted to give employment certificate.
\*\*Any false declaration / certification will entail legal action.
Sanction
I hereby sanction, after due verification, a sum of Rs............................................./- (Rupees.................only) as educational assistance in respect of Selvi ..............., daughter of Thiru/Tmt................,registered manual worker (Registration No...................).
| | |
| --- | --- |
|
Place:
|
Labour officer (Social Security Scheme).............. district
|
Date:
Acknowledgement Slip
Received from Thiru/Tmt .................... registered manual worker (Registration No.......................), claim application for sanction of educational assistance.
| | |
| --- | --- |
|
Place:
|
Signature of the Labour Officer(Social Security Scheme) with data........................ district
|
Date:
Office Seal:
Name:
Designation:]
[Form F]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 16 (4) ]
Application for Payment of Marriage Assistance
To
The Labour Officer (Social Security Scheme)
...................district.
### 1. Name of the registered manual worker. ###
2. (a) Registration Number and date of initial registration (Original identity card should be enclosed),
### 3. Address in full with PIN Code: ###
4. (a) Particulars of the members of the family of the registered manual worker:
| | | | | |
| --- | --- | --- | --- | --- |
|
SI No.
|
Name
|
Relationship
|
Age
|
Marital Status
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
(b) (i)
Name of the person for whose marriage the assistance is sought for
(ii) Relationship to the registered manual worker:
(iii) Age in completed years on the date of marriage:
(c) Name of the couple:
(i) Bride
(ii) Groom
(d) Date and venue of the marriage
(Marriage invitation to be enclosed in original):
(e) Has the marriage assistance been availed earlier from the Board? If so, furnish details:
Signature of the registered manual worker
Declaration by the Applicant\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full, the amount received as assistance for the marriage of self/daughter/son.
I also hereby declare that I have not received similar benefits by claim in any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the registered manual worker.
|
\*\*Any false declaration/certification will entail legal action.
Certificate\*\*
I hereby certify that the marriage of Selvan / Selvi..................... son/daughter of....................., registered manual worker (Registration Number.................) with Selvan / Selvi...............son/daughter of .............will take place on at..............
Place:
Date:
Member of parliament or Member of legislative Assembly or President of Village Panchayat or Member of the Local Body or Village Administrative Officer/Revenue Inspector (in Chennai) in whose jurisdiction the applicant resides.
\*\*Any false declaration / certification will entail legal action.
Sanction
I hereby sanction, after due verification, for payment of Rs. ............/- (Rupees only) towards marriage assistance of the son / daughter / self of Thiru/Tmt..............., registered manual worker of the Board (Registration number..........)
| | |
| --- | --- |
|
Place:
|
Labour Officer (Social Security Scheme)................. district.
|
Date:
Acknowledgement Slip
Received from Thiru/Tmt................(Registration No................) claim application for sanction of marriage assistance;-
Signature of the Labour Officer
(Social Security Scheme) with date
.............district
Name:
| | |
| --- | --- |
|
Office Seal:
|
Designation:]................. district.
|
[Form G]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 17 (3) ]
Application for Payment of Maternity Assistance for Pregnancy Or Miscarriage or Termination of Pregnancy by A Registered Woman Manual Worker
To
The Labour Officer (Social Security Scheme)
.................district.
### 1. Name of the registered woman manual worker: ###
2. (a) Registration Number and date of initial registration (Original Identity card should be enclosed).
(b) Date of last renewal indicating the period up to which renewed
### 3. Address (in full) with PIN Code : ###
4. Particulars of surviving son/daughter of the registered female manual worker:
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Sex
|
Date of Birth
|
Age
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
|
|
|
|
|
### 5. Month of Pregnancy\* on the date of claim application: \*(Certificate from the Civil Assistant Surgeon of the Government Hospital in support of this should be enclosed in original)
### 6. Whether the claim is for pregnancy or miscarriage of Pregnancy or Termination of pregnancy? If so details may be furnished.
(Certificate from the Civil Assistant Surgeon of the Government Hospital to this effect should be obtained and sent in original)
### 7. Whether the assistance has already been availed by the registered woman manual worker? If so, details may be furnished:
Signature of the registered
woman manual worker
Declaration by the Applicant\*\*
I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount received as assistance.
I also hereby declare that I have not received similar benefits by claim in any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the registered women manual worker
|
\*\*Any false declaration / certification will entail legal action.
Note: - The Birth Certificate from the Registrar of Births of the area concerned should be obtained and sent in original for release of the assistance after the date of delivery.
Certificate\*\*
I hereby certify that the particulars furnished in the application form are correct.
Place:
Date:
Member, Tamil Nadu Construction Workers Welfare Board / President / Secretary of the Registered Trade Union / Assistant Inspector of Labour concerned / Any other officer permitted to give employment certificate.
\*\*Any false declaration / certification will entail legal action.
Sanction
I hereby sanction, after due verification, for the payment of assistance of Rs.............../-(Rupees...................only) to Tmt........... (Registration No............) \*at the time of seventh month of pregnancy / \*on delivery of child / \*for miscarriage of pregnancy /\* termination of pregnancy
(\*Strike out whichever is not applicable).
Labour Officer (Social Security Scheme) with date ................district.
Acknowledgement Slip
Received From Tmt .............. Claim Application For Sanction Of Maternity Assistance For \*Pregnancy/\*Miscarriage Of Pregnancy /\*termination Of Pregnancy In Respect Of The Registered Female Manual Worker.
\* Strike out whichever is not applicable
Signature of the Labour Officer
(Social Security Scheme) with date
..........................district
Name:
| | |
| --- | --- |
|
Office Seal:
|
Designation:]
|
[Form H]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 5-A]
Nomination Under Tamil Nadu Maual Workers (Construction Workers) Welfare Scheme, 1994
Registration No.:...........
I.............(specify name) hereby nominate the person/persons below to receive the claims due under clause 11 of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994 in the event of my death. The nominee(s) are also entitled to receive the amount that may become payable under clause 14 and clause 14A of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994.
| | | | |
| --- | --- | --- | --- |
|
Name and address of the nominee(s) |
Relationship of the nominee(s) with the
registered manual worker
|
Age of the nominee
|
Percentage of share to be paid to each nominee.
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
|
|
|
|
|
Place:
| | |
| --- | --- |
|
Date:
|
Signature or left-hand thumb impressionof the manual worker
|
Certificate.
Certified that the above nomination has been signed/thumb-impression has been impressed by Thiru/Thirumathi/Selvi ...............after he/she has read the-entries (or) after entries have been read over to him/her by me and understood by him/her.
Place:
| | |
| --- | --- |
|
Date:
|
Labour officer (Social Security Scheme)................ District]
|
[Form I]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 5-A (5) ]
Modification of Nomination Under Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme,1994
Registration No.........
Under clause 5-A(5) of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994, I ................. (specify name) hereby revoke my earlier nomination dated..................and hereby nominate the person/persons below to receive claims under clauses 11(4), 14 and 14 A of the Tamil Nadu Manual Workers (Construction Workers) Welfare Scheme, 1994.
| | | | |
| --- | --- | --- | --- |
|
Name and address of the nominee(s) |
Nominee's relationship with the worker
|
Age of the nominee
|
Percentage of share to be paid to each nominee
|
|
(1) |
(2) |
(3) |
(4) |
|
|
|
|
|
|
|
|
|
|
Place:
| | |
| --- | --- |
|
Date:
|
Signature or left-hand thumb impressionof the manual worker
|
Certificate
Certified that the above modification of nomination has been signed/thumb-impressed by Thiru/Thirumathi/Selvi ..................... employed as...........after he/she has read the entries (or) after the entries have been read over to him/her by me and understood by him/her.
Place:
| | |
| --- | --- |
|
Date:
|
Labour Officer (Social Security Scheme)............ District
|
[Form J]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 5 (5) ]
Identity Card Tamil Nadu Construction Workers Welfare Board, Chennai-600 034
Registration number:
Date:
| |
| --- |
|
photo
|
(1) Name of the registered manual worker
(2) Name of father/husband
(3) Age
(4) Permanent address
(5) Present address
(6) Occupation
(7) Name of the nominee and relationship
(8) If he is a member of any Trade Union, the Registration Number given to him by the Union
Registration should be renewed before:
Signature of the manual worker.
"Labour Officer (Social Security Scheme)
with Date
............district."
Office Seal]
[Form K]
[Substituted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
[See clause 17-A]
Application for Reimbursement of Cost on Purchase of Spectacles by the Registered Manual Worker
To
The Labour Officer (Social Security Scheme)
...................district.
### 1. Name of the registered manual worker. ###
2. (a) Registration Number and date of initial registration. (Original identity card should be enclosed),
(b) Date of last renewal indicating the period upto which renewed
### 3. Address in full with PIN Code.: ###
4. Date of purchase of spectacles and its actual cost:
### 5. Whether Certificate issued by a registered Ophthalmist is enclosed in original?: ###
6. Whether cash bill is enclosed in original?:
Signature of the registered manual worker
Declaration by the Applicant\*\*
(i) I hereby declare that the particulars furnished above are correct and true to the best of my knowledge. In the event of any of the information given above is ultimately found to be false, I hereby agree to refund in full the amount reimbursed towards purchase of spectacles for myself.
(ii) I also hereby declare that I have not received similar benefit by claim in any other Welfare Board or Boards constituted by the Government of Tamil Nadu or under any other Government Schemes.
Place:
| | |
| --- | --- |
|
Date:
|
Signature of the registered manual worker
|
\*\*Any false declaration / certification will entail legal action.
Certificate\*\*
I hereby certify that the above particular furnished in the application are correct.
Place:
Date:
Signature of President / Secretary of the Registered Trade Union / Registered Contractor / Employer engaged in construction industry employing the Registered Manual Worker./ Assistant Inspector of Labour concerned / Any other officer permitted to give employment certificate.
\*\*Any false declaration / certification will entail legal action.
Sanction.
I hereby sanction, after due verification, the reimbursement of a sum of Rs.................. (Rupees.................................... only) to Thiru/Tmt/Selvi registered manual worker (Registration Number.............................), towards actual cost on purchase of spectacles for himself/herself.
The Labour Officer (Social Security Scheme)
...........district.
Acknowledgement Slip
Received from Selvi/Thiru/Tmt ....................... registered manual worker (Registration No..................) application for reimbursement of cost on purchase of spectacles for himself/herself.
Signature of Labour Officer
(Social Security Scheme) with date
...........................district
Name:
| | |
| --- | --- |
|
Office Seal:
|
Designation:]
|
[\*\*\*]
[Schedule III omitted by G.O. Ms. No. 122, dated 24.10.2008, published dated 31.10.2008.]
|
65b9bb9aab84c7eca86e9cbf | acts |
State of Rajasthan - Act
--------------------------
The Petition-Typist Rules, 1975
---------------------------------
RAJASTHAN
India
The Petition-Typist Rules, 1975
=================================
Rule THE-PETITION-TYPIST-RULES-1975 of 1975
---------------------------------------------
* Published on 5 February 1976
* Commenced on 5 February 1976
The Petition-Typist Rules, 1975
Published vide Notification No. 9/S.R.O., dated September 11, 1975
G.S.R. 49. - In exercise of the powers conferred by Article 225 of the Constitution of India and section 46 of the Rajasthan High Court Ordinance, 1949, and all other powers enabling it in this behalf, the High Court of Judicature for Rajasthan, hereby makes the following rules to regulate the typing of petitions, applications, appeals, documents and paper books etc. to be presented in the Court, namely: -
### 1. Short title and commencement.
- These rules may be called The Petition Typist Rules, 1975, and shall come into force at once.
### 2. Definition.
- In these rules, unless the context otherwise requires,-
(a) "Court" means the High Court of Judicature for Rajasthan:
(b) [ "Petition Typist" means a person who, for remuneration, types on typewriter or computer any petition, application, appeal, document, paper book or any other paper for presentation in the Court, and "petition-typing" will be construed accordingly.]
[Substituted by Notification No. 04/S.R.O./2014, dated 26.4.2014.]
(c) "Registrar" means the Registrar of Court:
(d) "Court Officer" means the Court Officer of the Court and includes a person authorised by the Chief Justice for any of the purposes of these Rules.
### 3. Court officials not to do petition-typing.
- No Official of the Court or of any subordinate court shall engage himself in petition-typing.
### 4. Persons authorised to do petition typing.
- No person shall engage himself in petition-typing, unless he is,-
(a) a petition-typist licensed by the Registrar under the rules, or
(b) an advocate or a registered clerk of an advocate, or
(c) a stenographer or typist in the employment of an advocate.
### 5. Papers, if not signed etc., liable to be rejected.
(1) Every Petition-typist, advocate, registered clerk of an advocate, or a stenographer or a typist in the employment of an advocate shall sign or seal every petition, application, appeal, document, paper book or any other paper typed by him for being presented in the Court.
(2) Every such petition, applications, appeal, document, paper book or paper which is presented in Court without being signed or sealed by a petition typist, advocate, registered clerk of an advocate or a stenographer or typist in the employment of an advocate as required by sub-rule (1) shall be liable to rejection.
### 6. Licensing of petition-typist.
- No person shall work as petition-typist within the precincts of the High Court unless he has been duly licensed by the Registrar.
### 7. Application for license.
- Any person wishing to work as a petition-typist within the precincts of the Court, shall present an application in writing to the Registrar, stating-
(i) his name in block letters,
(ii) father's name,
(iii) address,
(iv) qualifications,
(v) age, and
(vi) whether he would work as English or Hindi typist or both.
### 8. [ Type/Computer test.
[Substituted by Notification No. 04/S.R.O./2014, dated 26.4.2014.]
- The Registrar may hold a test for satisfying himself that the person applying for a license is able to type typewriter or computer neatly and correctly.]
### 9. Persons who can be licensed.
- No licence shall be issued unless the applicant is,-
(a) a citizen of India,
(b) of good moral character,
(c) not below 18 years of age, and
(d) able to type neatly and correctly.
Provided that preference shall be given to a person who is a stenographer.
### 10. Form of licence.
- The licence shall be in the form prescribed by the Registrar.
### 11. [ Fees and renewal of a license.
[Substituted by Notification No. 04/S.R.O./2014, dated 26.4.2014.]
- Every petition-typist licensed under these rules shall pay to the Court a fee of Rs. 150/-per annum, in advance.]
### 12. Fees for petition-typing.
- The scales of fees for petition-typing shall be such as may be fixed by the Registrar from time to time.
Scales of fees for petition-typing-Fixed
Order No. 2/P.I. dated 5-2-1976, published in Rajasthan Gazette Part I-B. dated 19- 2-76. p. 231(3) .
In pursuance of rule 12 of the Petition-typists Rules, 1975, the scales of fees for petition-typing are fixed as follows:-
| | |
| --- | --- |
|
For the Original Copy
|
50 Paisa per page
|
|
For Carbon Copy
|
25 Paise per page
|
### 13. Number of licenses.
- The maximum number of petition-typists to whom licence may be granted shall be such as may be fixed by the Registrar from time to time.
### 14. Seal and Register.
(1) Every petition-typist shall, at his own expense, provide himself with a seal to be made as specified by the Registrar on which there shall be engraved his name and the number and year of his licence.
(2) Such petition-typist shall keep a register in the form specified by the Registrar and shall enter therein the documents typed by him and the fees charged therefor.
### 15. Inspection.
- Every petition-typist shall, in the month of July each year, and also at any time so demanded by the Registrar, produce his licence and register for the inspection of the Registrar. A note of such inspection shall be endorsed on the licence and the register by the Registrar.
### 16. Duty of the Court-Officer.
- A register of licensed petition-typist in such form as the Registrar may prescribe, shall be maintained by the Court Officer and it shall be his duty to see that no person who has not obtained a licence, engages himself in petition-typing within the precincts of the Court.
### 17. Suspension and cancellation of a licence.
(1) A licence issued under these rules may, at any time, be suspended or cancelled by the Registrar on any of the following grounds,-
(a) that the petition-typist has not been attending to his work regularly, or
(b) that he has taken up some other employment, or
(c) that he has failed to produce his licence or the register for the inspection of the Registrar as required by these rules or whenever demanded by the Registrar, or
(d) that he is a tout, or
(e) that he has not paid his annual fee, or
(f) that he has been found guilty of abatement of, or participation in, any illegal transaction or unfair dealings, or
(g) that he has been found guilty of disobedience of a lawful order, or
(h) that he has been convicted of an offence involving moral turpitude, or
(i) that he has committed breach of any of these Rules, or
(j) for any other cause.
(2) No appeal shall lie from any order passed by the Registrar under sub-rule (1) but the Chief Justice may, in his discretion, revise any such order and may pass such order as he thinks fit.
### 18. Repeal.
- All orders or rules relating to matters provided in these Rules are hereby repealed.
|
65ba44adab84c7eca86eadee | acts |
State of Kerala - Act
-----------------------
THE KERALA PANCHAYAT RAJ (AMENDMENT) ACT, 2020
------------------------------------------------
KERALA
India
THE KERALA PANCHAYAT RAJ (AMENDMENT) ACT, 2020
================================================
Act 2 of 2020
---------------
* Published in Kerala Gazette 557 on 18 February 2020
* Assented to on 18 February 2020
* Commenced on 18 February 2020
[Translation in English of “2020þse കേരള പഞ്ചായത്ത് രാജ് (കഭദഗതി) ആേ്റ്" published under the authority of the Governor.]
ACT 2 OF 2020
THE KERALA PANCHAYAT RAJ (AMENDMENT) ACT, 2020
An Act further to amend the Kerala Panchayat Raj Act, 1994.
WHEREAS, it is expedient further to amend the Kerala Panchayat Raj Act, 1994 (13 of 1994.) for the purposes hereinafter appearing;
BE it enacted in the Seventy-first Year of the Republic of India as follows:—
### 1. Short title and commencement.—
(1) This Act may be called the Kerala Panchayat Raj (Amendment) Act, 2020.
(2) It shall come into force at once.
### 2. Amendment of section 6.—
In the Kerala Panchayat Raj Act, 1994 (
13 of 1994
) in sub-section (3) of section 6,—
(i) in clause (a), for the words “less than thirteen or more than twenty three”, the words “less than fourteen or more than twenty four” shall be substituted;
(ii) in clause (b), for the words “less than thirteen or more than twenty three”, the words “less than fourteen or more than twenty four” shall be substituted;
(iii) in clause (c), for the words “less than sixteen or more than thirty two”, the words “less than seventeen or more than thirty three” shall be substituted.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2020
|
65b9619fab84c7eca86e8fb3 | acts |
State of Bihar - Act
----------------------
The Bihar Digambar Jain Religious Trusts Rules, 1955
------------------------------------------------------
BIHAR
India
The Bihar Digambar Jain Religious Trusts Rules, 1955
======================================================
Rule THE-BIHAR-DIGAMBAR-JAIN-RELIGIOUS-TRUSTS-RULES-1955 of 1955
------------------------------------------------------------------
* Published on 15 January 1955
* Commenced on 15 January 1955
The Bihar Digambar Jain Religious Trusts Rules, 1955
Published vide Notification No. 200-D dated 15th January, 1955
No. 200-D the 15th January, 1955 - In exercise of the powers conferred by Section 82 of the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act I of 1951), the Governor of Bihar is pleased to make the following Rules, the same having been previously published as required by sub-section (1) of the said Section, namely:
### 1. Short title.
- These Rules, may be called "The Bihar Digambar Jain Religious Trusts Rules, 1955".
### 2. These Rules shall come into force on such date as the State Government may by notification, appoint.
### 3. In these Rules, unless there is anything repugnant in the subject or context-
(a) "The Act" means the Bihar Hindu Religious Trusts Act, 1950;
(b) "Section" means a section of the Act;
(c) "Signature" includes thumb-mark in case of illiterate persons:
Provided that the thumb-mark is duly attested by a literate person;
(d) "Form" means a Form appended to these Rules;
(e) "Board" means the Bihar State Board of Digambar Jain Religious Trusts.
(f) "President" means the President of the Bihar State Board of Digambar Jain Religious Trusts; and
(g) "Returning Officer" includes any other officer to whom the Returning Officer has delegated in writing all or any of his functions under these Rules.
### 4. (1) The election of members of the Bihar State Board of Digamber Jain Religious Trusts under clauses (b) and (c) of sub-section (2) of Section 8 shall be by the method of postal voting and by means of single transferable vote.
(2) (a)
The electoral roll in respect of the election of the members under clause (b) of sub-section (3) of Section 8 shall be prepared in Hindi in Devanagri script by the President on the basis of the Register of trusts maintained under Section 34.
(b) The electoral roll prepared under clause (a) shall contain the following particulars:
(i) the name of each elector,
(ii) the postal address of each elector,
(iii) the name of the father or spiritual Guru of each elector, and
(iv) the name of the religious trust of which the elector is a trustee.
(c) The electoral roll in respect of election of the members under clause (c) of sub-section (3) of Section 8 shall be prepared in Hindi in Devanagari script by the President. The President shall publish a notice in at least two Hindi newspapers published in the State, specifying the date, which shall not be less than 30 days from the date of publication of the notice, within which applications shall be received for enrolment of members in the electoral roll. No fee shall be charged for such applications and they may be presented in person to the office of the Board or sent by post.
(d) The electoral roll shall be hung up at a conspicuous place in the office of the Board and information will be sent to the offices of the trusts registered under Section 34.
(e) Any objection regarding any mistake in the electoral roll may be filed in writing before the President within fifteen days of the date on which the roll is so hung up and if no objection is filed within this period the electoral roll shall become final. Any objection filed after this period shall be rejected.
(f) The President shall hold a summary enquiry into the objection if any, filed under clause (c) and shall record his decision which shall be final. The electoral roll shall, if necessary be amended in accordance with the decision of the President and the roll shall thereafter become final.
(g) The President shall, as soon as may be send at least two copies of the final electoral roll to the Returning Officer.
### 5. The following procedure shall be followed in respect of election of members under Rule 4 (1) , namely:
(a) The Returning Officer for the purpose of conducting election under Rule 4(1) shall be the President.
(b) The Returning Officer shall appoint-
(i) the last date for making nominations, which shall be a date not later than the tenth day nor earlier than the seventh day of the date on which the order appointing such last date is published in the office of the Returning Officer;
(ii) the date for the scrutiny of nominations, which shall be a date not later than the fifth day after the last date for making nominations;
(iii) the last date for the withdrawal of candidatures, which shall be the seventh day after the date for the scrutiny of nominations;
(iv) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the thirtieth day after the last date for the withdrawal of candidatures; and
(v) a further date for counting of votes which shall not be later than the seventh day after the date or the last date on which the poll is taken:
Provided that, if for some reasons, the counting of votes is not completed on the date so fixed, the counting shall be continued on the following date or dates, as the case may be, till it is completed.
(c) The dates appointed under clause (b) shall be published in the office of the Returning Officer, in the office of the Board and in at least one issue of one English and one Hindi Daily having circulation in the State and information will be sent about this to the offices of the Trust, registered under Section 34.
(d) (i)
On or before the date appointed under clause (b) (i) for making nomination, each candidate shall, either in person or by his proposer or seconder, between the hours of eleven o'clock in the forenoon and the three o'clock in the afternoon deliver to the Returning Officer in his office a nomination paper completed in Form III subscribed by the candidate himself as assenting to the nomination and by two persons referred to in sub-clause (ii) as proposer and seconder.
(ii) Any person whose name is registered in the electoral roll of the constituency may subscribe as proposer or seconder of a nomination paper.
(iii) Every nomination paper shall be accompanied by a declaration in writing subscribed by the candidate himself that he is willing to serve on the Board if elected and that he is a Hindu, and no candidate shall be deemed to be duly nominated unless such declaration is delivered along with the nomination paper.
(iv) Any nomination paper received after 3 o'clock in the afternoon on the date appointed for the nomination of candidates shall be rejected.
(v) The Returning Officer on receiving a paper under clause (d) (i) shall inform the person delivering the same of the date, hour and place appointed for scrutiny of nominations and shall as soon as may be thereafter cause to be affixed in some conspicuous place in his office a notice of the nomination paper, both of the candidate and of the persons who have subscribed the nomination paper as proposer and seconder.
(vi) Any candidate may withdraw his candidature by notice in writing subscribed by him delivered to the Returning Officer before three o'clock in the afternoon on the date appointed for the withdrawal of candidature. A candidate who has so withdrawn his candidature shall not be allowed to cancel the withdrawal or to be nominated as a candidate for the same election.
(vii) The returning officer on receiving a notice of withdrawal under clause (d) (vi) shall, as soon as may, be cause a notice of withdrawal to be affixed in some conspicuous place in his office.
(viii) At the time and place fixed by the Returning Officer for scrutiny of nominations, the candidates and one proposer and one seconder of each candidate, and no other person, may attend and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which may have been delivered within the time and in the manner laid down in these Rules.
The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, refuse any nomination paper which involves infringement of any provision of these Rules. The Returning Officer shall endorse on, each nomination paper his decision accepting or rejecting the same and such decision shall be final.
(ix) On completion of scrutiny of nominations and after the expiry of the period within which candidatures may be withdrawn, the Returning Officer shall forthwith prepare list of duly nominated candidates in Hindi in Devanagri script arranged in alphabetical order and cause it to be affixed in some conspicuous place in his office.
(x) If there are only as many validly nominated candidates, who have not withdrawn their candidatures, as have to be elected they shall be declared to have been elected.
(xi) If the number of validly nominated candidates is more than the number to be elected, a poll shall be taken.
(e) [ Not less than fifteen days before the date appointed for the poll, the Returning Officer shall send by registered post or by special messenger duly authorised by the President or Special Officer of the Board, as the case may be, a ballot paper in Form IV to each elector.]
[Substituted by Notification No. 2940 dated 29.5.1990.]
(f) (i)
After recording his vote, elector shall send the ballot paper by registered post to the Returning Officer so as to reach him not later than five o'clock in the afternoon of the date appointed for the Poll. Ballot papers received after that hour shall be rejected:
Provided that the elector may, at his own option instead of sending the ballot paper by post deliver it to the Returning Officer in person up to the aforesaid time.
(ii) No election shall be invalidated by reason that the ballot paper duly sent to an elector under these Rules has not been received by him.
(g) Votes shall be counted by or under the supervision of the Returning Officer, and each candidate or one representative of each candidate authorised in writing by the candidate shall have a right to be present at the time of counting.
(h) (i)
The candidate receiving the highest number of votes [calculated according to the single transferable voting system] shall be declared to have been duly elected.
(ii) When an equality of votes is found to exist between any of the candidates and the addition of one vote will entitle any of the candidates to be declared elected, the determination of the person to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer in such manner as he may determine.
(iii) The Returning Officer shall report the name of the elected candidates to the State Government for publication in the Bihar Gazette, as soon as the result of the election is declared.
(i) An election petition against any candidate declared elected under the preceding clause may be presented to the Returning Officer by any candidate or elector within fourteen days from the date on which the result of the election was declared. A petition presented after the expiry of the said period shall be rejected.
(j) If the petition is not rejected under clause (i), an enquiry shall be held in respect of the petition by an authority specially appointed for the purpose by the State Government.
(k) The election of the returned candidate shall be void if the election has been procured or induced or the result of the election has been materially affected by a corrupt practice, or the result of the election has been materially affected by the improper acceptance or refusal of any nomination or by the improper reception or refusal of a vote, or the reception of any vote which is void or by any non-compliance with provisions of the Act or Rules made thereunder.
(l) For the purpose of these Rules, the expression "corrupt practice" shall have the same meaning as it has in connection with the election of State Legislature.
(m) The authority appointed under clause (j) shall decide the election petition and his decision shall be final.
### 6. (1) The members of the Board or a Committee may undertake journeys only for performing specific duties assigned to them by the President or by a regular resolution of the Board or the Committee, as the case may be.
(2) The President and the members of the Board or a Committee will, for the purpose of travelling and other allowances, be deemed to be officers of second grade within the meaning of the relevant provisions of the Bihar Travelling Allowance Rules.
(3) The President and the members of the Board or a Committee if in station at the time of a meeting and not coming from outside will not be entitled to travelling allowance but will be entitled to draw a conveyance allowances of Rs. 2 per meeting.
### 7. The record referred to in clause (a) of sub-section (2) of Section 28 shall be prepared and maintained in the manner set forth in Form I.
### 8. The cost referred to in clause (r) of sub-section (2) of Section 28 shall be recoverable by the Board as arrear of land revenue. The requisition for recovery of such dues shall be issued over the signature of the President.
### 9. Every notice under sub-section (1) of Section 30 shall be issued by registered post with acknowledgement due or delivered by hand against a written receipt duly signed by the addressee. In case of refusal by the addressee to grant such receipt, the notice will be hung up in a conspicuous place of the residence of the addressee in presence of two witnesses.
### 10. Any application filed under sub-section (1) of Section 43 shall be duly signed and verified and shall contain details of the property concerned sufficient to identify it. The form of such verification shall be the same as laid down in the Code of Civil Procedure, 1908 for verifying a plaint.
### 11. The general notice under sub-section (2) of Section 43 shall be published in at least one issue of an English and a Hindi newspaper printed and published in the State of Bihar or having its circulation in the State. If the District Judge thinks desirable he may order its publication in other newspapers having circulation in Bihar also. The notice shall also be published on the notice board of District Judge concerned.
### 12. Application for transfer under sub-section (1) of Section 44 shall be made in Form II.
### 13. The statement referred to in sub-sections (1) and (2) of Section 59 shall be furnished in Form I and the particulars to be contained therein shall be those indicated in each item of this form.
### 14. The authority to whom a trustee may appeal under sub-section (1) of Section 65 shall be the District Judge of the district in which the whole or any part of the subject matter of the religious trust concerned is situated.
### 15. Fees under clause (a) of sub-section (2) of Section 70 shall be assessed by the President in a manner he deems best in the circumstances:
Provided that the President shall afford an opportunity to the assessee for representing his case before him either personally or through an agent duly authorised in writing in this behalf and shall look in to documentary evidence, if any, produced by or on behalf of the assessee in this connection.
### 16. An appeal under clause (b) of sub-section (2) of Section 70 from an order of assessment shall lie to the District Judge of the district in which the whole or any part of the subject matter of the religious trust concerned is situated.
### 17. The Board shall open an account in the Government Treasury or the State Bank of India in the name of President and the fees payable under subsection (3) of Section 70 shall be paid in that account by means of a challan or by remittance by postal money order addressed to the Treasury Officer in case the amount is opened in the Government Treasury or shall be deposited with the President or paid by remittance by postal money order addressed to the President in case the account is opened in the State Bank of India.
Form I
(Vide Rules 7 and 13)
### 1. Serial No. ###
2. Name of the Trust.
### 3. Name of the Village RO. RS., sub-division and district in which it is situated (also the nearest Railway Station.) ###
4. Names of minor Maths or temples appurtenant to the main Math or temple and their situation.
### 5. Names of Trustees and Managers with their addresses, date of appointment and termination of office. ###
6. Particulars as to whether the institution is administered under a scheme settled by the court or by Trustees without any such control and particulars as to any provision in any document or custom, if any, regarding succession to the office of the Trustees or Managers.
### 7. Particulars of document about the origin or creation of Trust. ###
8. Name of Founder or Donor, if known.
### 9. Object of the Trust. ###
10. Details of properties both movable and immovable held by the Trust.
### 11. Details of properties both movable and immovable sold, transferred or settled during the last financial year. ###
12. Annual income. (This should be of the preceding financial year and should be shown as below:
(a) Income from all sources; and
(b) Net income after deducting the amount payable as revenue, rent, taxes, local and other cesses and cost of management at 12 ½ percent.
### 13. Annual Expenditure. (a) On remuneration to Trustees and Managers.
(b) On establishment and staff.
(c) On religious objects.
(d) On charitable objects.
(e) On miscellaneous items.
### 14. Particulars as to important customs and usages followed. ###
15. Particulars of encumbrances on the Trust Properties.
### 16. Any other information of importance. ###
17. Remarks.
Form II
(Vide Rule 12)
To,
The President
Digmbar Jain Board of Religious Trusts.
Sir,
In pursuance of the provision of sub-section (1) of Section 44 of the Bihar Hindu Religious Trusts Act, 1950, I hereby apply for permission to transfer the immovable property herein described in the manner indicated:
| | |
| --- | --- |
|
Extract from the trust deed
|
...........................
|
|
Property to be transferred
|
...........................
|
|
Particulars of transfer
|
...........................
|
|
Conditions and terms of transfer
|
...........................
|
Date.....................
Signature of the Trustee
Form III
(Vide Rule 5)
| | | |
| --- | --- | --- |
|
1.
|
Name of the candidate.
|
.............................
|
|
2.
|
Father's Name.
|
.............................
|
|
3.
|
Age.
|
.............................
|
|
4.
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Name of the proposer
|
.............................(1) |
|
5.
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Signature of the proposer
|
.............................(1) |
|
6.
|
Name of the seconder
|
.............................(1) |
|
7.
|
Signature of the seconder
|
.............................(1) |
Declaration by the Candidate
I, hereby declare that I agree to this nomination and that I am a..................... Hindu and eligible for election.
Signature of Candidate
Certificate of Delivery
This nomination paper was delivered to me at my office at..........................a.m./p.m. on the.....................200 ....................
Returning Officer
Certificate of Scrutiny
I have scrutinised the eligibility of the candidate, the proposer and the seconder and find that they are, respectively, qualified to stand for election and to propose and second the nomination.
Returning Officer
Form IV
(Vide Rule 5)
Serial no..........
Elector's name...........
I..................(name in full) declare that I am member of the and that I wish to vote for the candidates in order of preference indicated against each.
Signature or thumb impression of Elector.
| | | |
| --- | --- | --- |
|
Name of candidates
|
Address-
|
Order of preference\*
|
|
1.2.3.4.5.
|
|
|
\* The elector will put (1) against the person to whom he wants to give first preference (2) against the person to whom he wants to give second preference and (3) against the person to whom he wants to give third preference and so on.
|
65b9fd2cab84c7eca86ea666 | acts |
State of Andhra Pradesh - Act
-------------------------------
A.P. Panchyat Raj (Called of Information from Village Administrative Officer/Village Development officer) Rules, 2000
-----------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
A.P. Panchyat Raj (Called of Information from Village Administrative Officer/Village Development officer) Rules, 2000
=======================================================================================================================
Rule A-P-PANCHYAT-RAJ-CALLED-OF-INFORMATION-FROM-VILLAGE-ADMINISTRATIVE-OFFICER-VILLAGE-DEVELOPMENT-OFFICER-RULES-2000 of 2000
--------------------------------------------------------------------------------------------------------------------------------
* Published on 18 April 2000
* Commenced on 18 April 2000
A.P. Panchyat Raj (Called of Information from Village Administrative Officer/Village Development officer) Rules, 2000
Published vide Notification No. G.O. Ms. No. 140, Panchayat Raj & Rural Development (Rules) , dated 18.04.2000
Last Updated 27th August, 2019
No. G.O. Ms. No. 140. - In exercise of the powers conferred by Section 134 read with Section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) in supersession of the rules issued in G.O.Ms.No. 1333, Panchayat Raj, dated the 26th December, 1964, the Governor of Andhra Pradesh hereby make the following rules relating to call for information from the Village Administrative Officer and village development Officer.
### 1. Short title.
- These rules may be called the A.P. Panchyat Raj (Called of Information from Village Administrative Officer/Village Development officer) Rules, 2000.
### 2. The Executive Authority may requires information on the matter falling under the following categories, namely: -
### 3. Power of the Executive Authority.
(a) Particulars of Survey number, subdivision, classification, description such as whether the land is dry or wet, extent, assessment name of the registered holder or occupier of any land, buildings, valuation of buildings including the cost of site as prescribed by Revenue/Registration Department for the purpose of Assessment Books of House Tax available in the village records.
(b) Any other particulars available in the registers and accounts maintained by the Village Administrative Officer/ Village Development Officers and necessary for the proper administration of the Gram Panchayat.
(c) The Executive Authority may call for such information in connection with all official functions of Gram Panchayat and the Village Administrative officer/ Village Development Officers shall be bound to comply with such reports.
(d) If any doubt arises as to whether any information by virtue of the confidentiality in nature can not be submitted, the matter shall be referred to the concerned Revenue Divisional Officer, whose decision thereon shall be final.
(e) The order shall specify the period within which it may be complied with but the Executive Authority may, from time to time, extend such period.
|
65ba9e52ab84c7eca86ec350 | acts |
State of Goa - Act
--------------------
The Goa Entertainment Tax Act, 1964
-------------------------------------
GOA
India
The Goa Entertainment Tax Act, 1964
=====================================
Act 2 of 1964
---------------
* Published on 7 April 1984
* Commenced on 7 April 1984
The Goa Entertainment Tax Act, 1964
(Act
No. 2 of 1964
)
The following Act passed by the Legislative Assembly of Goa, Daman and Diu received the assent of the President of India on the 7th April, 1984 and is published for general information.
An act to consolidate and amend the Law for imposing a tax in respect of admission to entertainments in the Union Territory of Goa, Daman and Diu and for certain matters connected therewith.
Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Fifteenth Year of the Republic of India as follows:
### 1. Short title, extent and commencement.
(1) This Act may be called the Goa [\* \* \*]
[Words 'Daman and Diu' omitted by the Amendment Act 15 of 2001 & further amended by Act No. 20 of 2006.]
Entertainment Tax Act, 1964.
(2) It extends to the whole of the [State of Goa]
[Substituted in place of 'Union Territory of Goa, Daman and Diu' by the Amendment Act 15 of 2001.]
.
(3) It shall come into force on the 1st day of April, 1964.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context-
(a) "admission to any entertainment" includes admission to any place in which the entertainment is held;
(b) [ 'antennae' means an apparatus which receives television signals that enables viewers to tune into transmission including national or international satellite transmission or moving pictures or series of pictures, by means of transmission of television signals by wire where subscriber's television sets at the residential or non-residential places are linked by metallic co-axial or optic fibre cable to a central system, called headend;
[Clauses inserted by the Amendment Act 21 of 2001 as clauses '(aa) ' and '(aaa)' thereafter by the Amendment Act 20 of 2006 same are re-numbered as 'b' and 'c']
(c) 'cable television' means a system organized for exhibition of films or moving pictures or series of pictures by means of transmission of television signals by wire where subscriber's television set is linked by metallic co-axial cable or optic fibre cable to a central system called the 'headend' and, by using a video cassette or disc or both, recorder or player or similar such apparatus on which pre-recorded video cassettes or disc or both are played or replayed and the films or moving pictures or series of pictures which are viewed and heard on television receiving set at a residential or a non-residential place of a connection holder;]
(d) [ "cable operator" means any person who provides cable service through a cable television network or otherwise controls or is responsible for the management and operation of a cable television network;
[Inserted by the Amendment Act 20 of 2006.]
(e) "cable service" means the transmission by cables of programmes including retransmission by cables of any broadcast of television signals;
(f) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipments, designed to provide cable services, for reception by multiple subscribers.]
["(g) "Commissioner" means the Commissioner of Entertainment Tax appointed under sub-section (1) of section 2A and includes an Additional Commissioner of Entertainment Tax;";]
[Substituted by Amendment Act 3 of 1982 , thereafter by the Amendment Act 15 of 2001 same is amended. Lastly by the Amendment Act 20 of 2006 present entry is substituted after re-numbering the clause from 'b' to 'g'.]
(h) []
[Re-numbered by the Amendment Act 20 of 2006.]
"complimentary ticket" means a ticket or pass for admission to any entertainment free of any payment or at a reduced rate of payment for such admission;
(i) [ "Distributor" means any person who is engaged in selling, supplying or distributing or making available on rental or hire basis feature films for exhibition of cinematograph show or providing cable television network by means of any system consisting of a set of closed transmission parts and associated signal generation, control and distributing equipments, designed to provide cable service for reception by multiple subscribers and/or cable operator whether for cash or for deferred payment, or for rental or for hire charges or for payment in any ratio or any proportion to the total payment in respect of the said sale/services;]
[Inserted by the Amendment Act 20 of 2006.]
(j) [ "entertainment" with all its grammatical variations and cognate expressions means,-
[Substituted by the Amendment Act 21 of 2001, thereafter by the Amendment Act 20 of 2006 this clause (d) is re-numbered as clause (j) and present entries are substituted.]
(1) cinematograph show including video shows to which persons are admitted on payment or exhibition of films or moving pictures which are viewed and heard on the television receiving set, with the aid of any type of antennae with the cable network attached to it or cable television for which persons are required to make payment by way of contribution or subscription or installation and connection charges or any other charges collected in any manner whatsoever.
(2) A horse race either live or displayed for viewing through any electronic media connected with the help of the server application or otherwise to which persons are admitted on payment;
(3) Any amusement or exhibition or performance or pageant or a game or a sport, whether held indoor or outdoor, to which the persons are admitted on payment;
(4) River/boat cruise or boat rides or water sports or Para sailing or boat skiing or motor cart rides or any other similar activities of entertainment;
(5) Casinos and Casino games on slot machines, cyber cafe and/or pool parlours, disco and any other entertainment provided by clubs/organisations/institutions/ /individuals for commercial purpose but will not include entertainment defined separately;
(6) Dance performances, musical performances, theatrical performances including cultural programmers, drama, ballets to which persons are admitted on payments;
(7) Circus to which persons are admitted on payment;
(8) DTH (Direct to Home) disc service for which persons are required to make payment by way of contribution or subscription or installation and any other charges collected in any manner whatsoever.]
(k) []
[Re-numbered by the Amendment Act 20 of 2006.]
"Government" means the Government of the Union Territory of Goa, Daman and Diu;
(l) [ "month" means a calendar month"]
[Inserted by the Amendment Act 20 of 2006.]
["(m) "payment for admission" means the amount paid for admission and includes-
[Clause (f) inserted by Amendment Act 3 of 1982, thereafter this clause was amended by the Amendment Act 15 of 2001, 16 of 2004. By the Amendment Act 20 of 2006 the clause (f), re-numbered as clause 'm' and present entry is substituted.]
(i) any payment for seats or other accommodation in a place of entertainment;
(ii) any payment made for the loan or use of any instrument or contrivance which enables a person to get a normal or better view or hearing of the entertainment which, without the aid of such instrument or contrivance such person would not get;
(iii) any payment for any purpose whatsoever connected with an entertainment or for a programme of synopsis thereof which a person is required to make as a condition of attending or continuing to attend the entertainment in addition to the payment, if any, for admission to the entertainment;
(iv) any payment made by a person who having been admitted to one part of a place of entertainment is subsequently admitted to another part thereof for admission to which a payment involving tax or more tax is required;
(v) any payment made by a person or persons for having admitted for viewing any games or race or a show connected through any electronic media or services either with the help of server or control room;".
Explanation. - "(1) Where any amount is separately charged on the ticket for admission as tax, the amount so collected by way of tax under this Act shall not form the part of payment for admission;
(2) Where any amount is charged as composite fee for the services rendered, without indicating the amount separately charged for payment for admission, such fees, when exceeding the amount of exemption so specifically provided, shall be deemed to have included the amount for payment for admission for the purpose of levy under this Act."]
(n) [ "person" includes an individual, any Government, any company whether incorporated or not, society, club, association or body of individuals, a Hindu undivided family, a firm, a local authority, and every artificial juristic person not falling within any of the preceding descriptions-,]
[Inserted by the Amendment Act 20 of 2006.]
["(o) "place of entertainment" means a place where the entertainment is held and includes the operating office and the place from where the entertainment is provided by means of cable connections from any type of antennae with the cable network attached to it or cable television or any off course betting center run by any club or association or individual for viewing any game or races or show connected through electronic media and such other place where account and other documents connected with the entertainment are kept."]
[Clause [ff] inserted by the Amendment Act 21 of 2001, thereafter by the Amendment Act 20 of 2006 same is renumbered as clause 'o' and present entry is substituted.]
;
(p) [ "prescribed" means prescribed by rules made under this Act;]
[Clause (g) re-numbered as clause (p) by the Amendment Act 20 of 2006.]
["(q) "proprietor" in relation to any entertainment includes any person or a club or an institution or any organization responsible for or for the time being in charge of the management thereof or any person or persons conducting, organising, sponsoring or patronising any such entertainments.]
[Existing entry of clause (h) was substituted by the Amendment Act 21 of 2001. Thereafter by the Amendment Act 20 of 2006 clause (h) re-numbered as clause (q) and present entry was substituted.]
";
["(r) "subscriber" means a person who receives the signals of cable television network at a place indicated by him to the cable operator, without further transmitting it to any other person."]
[Inserted by the Amendment Act 20 of 2006.]
;
(s) [ "tax" or "entertainment tax" means tax leviable under section 3 and under section 3E of this Act;"]
[Clause (i) added by The Goa, Daman and Diu Entertainment Tax (Amendment) Act, 1968 (Act No. 10 of 1968). Subsequently by the Amendment Act 20 of 2006 clause renumbered as clause (s) and present entry substituted.]
(t) [ "Schedule" means schedule appended to this Act;
[Clauses (j) and (k) were inserted by Amendment Act 5 of 1986, subsequently by the Amendment Act 20 of 2006 same has been deleted and new entries (t) and (u) substituted.]
(u) "Year" means a financial year.]
(v) [ "Tribunal" means Tribunal constituted as per section 2B."]
[Inserted by the Amendment Act 20 of 2006.]
### 2A. [ Taxing Authorities.
[Inserted by the Amendment Act No. 3 of 1982.]
(1) The Government shall appoint an officer to be called the [Commissioner and/or Additional Commissioner] of Entertainment Tax for carrying out the purpose of this Act.
(2) The Government shall appoint an Assistant Commissioner of Entertainment Tax and such number of Entertainment Tax Officers as it deems necessary to assist the Commissioner in the execution of his functions under this Act.
(3) The Commissioner may appoint such number of,-
(a) Assistant Entertainment Tax Officers;
(b) Entertainment Tax Inspectors; and
(c) Other officers and such ministerial staff as he thinks necessary to assist him in the execution of his functions under this Act.
(4) The Commissioner and all other Officers and persons appointed under this section shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.]
"(5) The Government may, subject to such conditions and restrictions as it may impose, by notification in the Official Gazette, delegate to the Commissioner the powers (not being powers relating to the appointment of Additional Commissioner of Entertainment Tax, Assistant Commissioner of Entertainment Tax and Entertainment Tax Officers) conferred on the Government by sub-section (1) and sub-section (2).
[(6) The Commissioner and all officers and persons appointed under this Act shall exercise such powers as may be conferred and perform such duties as may be required by or under this Act.
(7) The superintendence and control for the proper execution of the provisions of this Act and rules made thereunder relating to the levy and collection of the tax shall vest in the Commissioner."]
[Sub-section (5) , (6) and (7) inserted by the Amendment Act 20 of 2006.]
### 2B. [ Tribunal.
[Inserted by the Amendment Act 20 of 2006.]
(1) Subject to the provisions of this section, the Government shall constitute a Tribunal consisting of one or more members as it thinks fit to discharge the functions conferred on the Tribunal by or under this Act:
Provided that, where the Tribunal consists of one member, that member shall be a person who has held a civil judicial post for at least ten years or who has been a member of the Central Legal Service (not below Grade II) for at least three years, or who has been in practice as an advocate for at least ten years, and where the Tribunal consists of more than one member, one such member shall be a person qualified as aforesaid.
(2) If the Tribunal consists of more than one member, the Government shall appoint one of the members of the Tribunal to be the Chairman thereof.
(3) The qualification of the member or members constituting the Tribunal and the period for which such member or members shall hold office shall be such as may be prescribed.
(4) The Government may terminate the appointment of any member of the Tribunal before the expiry of the term of his office if such member,-
(a) is adjudged as an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the Government or participates in any way in the profit thereof or in any benefit or emoluments arising there from; or
(d) is in the opinion of the Government, unfit to continue in office by reason of infirmity of mind or body; or
(e) is convicted of an offence involving moral turpitude:
Provided that, before terminating the appointment of any member under this sub-section, such member shall be given a reasonable opportunity of making representation against such termination of appointment.
(5) Any vacancy in the membership of the Tribunal shall be filled up by the Government as soon as practicable.
(6) If the Tribunal consists of more than one member, the functions of the Tribunal may be discharged by any of the members sitting either singly or in benches of two or more members, as may be determined by the Chairman.
(7) Where, the Tribunal consists of more than one member and they are divided on any matter arising for decision before them, the decision shall be the decision of the majority, if there be a majority; but if the members are equally divided, they shall state the point or points on which they differ and the case shall be referred by the Chairman for hearing on such point or points to one or more of the other members of the Tribunal, and such point or points shall be decided according to the majority of the members of the Tribunal who heard the case, including those who first heard it.
(8) Subject to such conditions and limitations as may be prescribed, the Tribunal shall have power to award costs, and the amount of such costs shall be recoverable from the person who is ordered to pay the same as arrears of land revenue.
(9) The Tribunal shall, for the purpose of regulating its procedure and disposal of its business, make regulations not inconsistent with the provisions of this Act and the rules made thereunder:
Provided that the regulations so made shall not have effect until they are approved by the Government and published in the Official Gazette.
(10) Notwithstanding anything contained in this section, the Government may, by notification in the Official Gazette, confer on any Tribunal constituted or functioning under any other law for the time being in force, the powers conferred on a Tribunal by or under this Act and thereupon such other Tribunal shall be deemed to be a Tribunal constituted under this section in relation to the said law notwithstanding anything inconsistent in such other law:
Provided that the provisions of sub-section (3) and (4) shall not apply to the Tribunal on which such powers are so conferred.
(11) Any proceeding before the Tribunal shall be deemed to be judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code,1860 (Central Act 45 of 1860)."]
### 3. Levy of Tax.
- [(1) There shall be levied and paid to the Government on all payments for admission to any entertainment, as shown in Schedules A, B and D hereto, a tax indicated therein."]
[Sub-section 1 amended by Amendment Act 10 of 1968, 9 of 1972, 3 of 1977, 6 of 1980, 1 of 1983, 15 of 2001, 13 of 2003 and 20 of 2006. Present entries are substituted by the Amendment Act 20 of 2006.]
(2) [ In computing the tax payable under sub-section (1), the tax leviable shall be computed with reference to each single person admitted.]
[Sub-section 2 amended by the Amendment Act 10 of 1968 and 3 of 1977. Lastly by the Amendment Act 20 of 2006 present entry substituted.]
(3) Where the payment for admission to any entertainment is made by means of a lumpsum paid as a subscription or contribution to any society, or for a season ticket or for the right of admission to a series of entertainments or to any entertainment during a certain period of time, or for any privilege, right, facility or thing combined with the right of admission to any entertainment or involving such right of admission without further payment or at a reduced charge, the entertainment tax shall be paid on the amount of the lumpsum, but where the Commissioner is of opinion that the payment of a lumpsum or any payment for a ticket represents payment for other privileges, rights or purposes besides the admission to an entertainment, or covers admission to an entertainment during any period for which the tax has not been in operation, the tax shall be charged on such amount as appears to the Commissioner to represent the right of admission to entertainment in respect of which the entertainment tax is payable.
(4) There shall be levied and paid to the Government on every complimentary ticket issued by the proprietor the entertainment tax at the appropriate rate prescribed under sub- -section (1), as if full payment has been made for admission to the entertainment according to the class or set of accommodation which the holder of such ticket is entitled to occupy or use and the holder of such ticket shall be deemed to have been admitted for payment for the purpose of this Act.
[Provided that the Government may exempt from payment of entertainment tax complimentary tickets issued by the proprietor or person for admission to the entertainment not exceeding five percent of the total capacity of such entertainment or the tickets actually sold, whichever is less";]
[Proviso inserted by the Amendment Act 20 of 2006.]
(5) (i) The Government may, by notification in the Official Gazette,-
[(a) reduce any rate of tax,
(b) enhance any rate of tax,
and may, by like notification, add to, or omit from, or otherwise amend any entry of the Schedule and thereupon the Schedule shall be deemed to have been amended accordingly.
(ii) Any notification issued under clause (i) shall take effect prospectively, either from the date of publication thereof in the Official Gazette or from such later date as may be mentioned therein.
(iii) The provisions contained in sub-section (4) of section 14 of this Act regarding laying the rules on the table of the Legislative Assembly shall apply mutatis mutandis to any notification issued under clause (i).]
### 3A. [ Determination of disputed question.
[Inserted by Added by the Goa, Daman and Diu Entertainment Tax (Amendment) Act, 1968 (Act No. 10 of 1968) thereafter by the Amendment Act 20 of 2006 present section is substituted.]
(1) If any question arises, otherwise than in proceedings before a Court, or proceedings under sections 6A or 6C or 6D, about the interpretation of any provisions of this Act, or as to whether,-
(a) any proprietor or person is liable for payment of tax for admission to an entertainment; or
(b) any entertainment is liable for payment of entertainment tax; or
(c) any particular proprietor or person is required to be registered; or
(d) any tax payable in respect of any particular entertainment or if the tax is payable, the rate thereof, the Commissioner, upon application made in the prescribed manner, shall, after hearing the applicant and/or otherwise making such inquiries as may be necessary, make an order determining such question.
(2) The Commissioner may direct that the determination shall not affect the liability of any proprietor or person under this Act, in respect of any entertainment effected prior to such determination.
(3) If any such question arises from any order already passed under this Act, no such question shall be entertained for determination under this section; but such question may be raised in appeal against or by way of revision of, such order."]
[Sub-section (5) inserted by the Amendment Act 20 of 2006.]
### 3B. [ to 3C.
[Section 3B & 3C inserted by Amendment Act 5 of 1986 however same has been omitted by the Amendment Act 20 of 2006.]
(omitted) ]
### 3D. [ Composition of tax payable on entertainment provided by way of river cruises/boat cruises under section 3.
[Inserted by Amendment Act 15 of 2001.]
- In lieu of tax payable under section 3 for entertainment provided by way of river cruises/boat cruises, the proprietor may, at his option and in such manner as may be prescribed, pay the tax by way of composition at [50% or any lower rate of percentage that the Government may notify for such period] of the aggregate value of notional receipts receivable for admission worked out as under:-
Aggregate notional receipts = total capacity of the boat or vessel by way of number of persons, on which entertainment is provided by way of river cruises/boat cruises X rate per ticket per adult persons X number of trips."]
### 3E. [ Special provisions in respect of certain entertainments.
[Section 3E was inserted by the Amendment Act 21 of 2001, which was amended by the Act No. 53 of 2001. However vide Amendment Act 20 of 2006 present section is substituted.]
(1) Notwithstanding anything contained in section 3. and subject to the rules made, there shall be levied and paid tax on entertainment provided by way of cyber cafe and/or pool parlour and/or with the aid of antennae or cable television or Direct to Home Disk services through any electronic system of de-coding or otherwise, including transmission of television signals by wire where the subscribers T.V. sets are linked by metallic co-axial or fibre cable to a central system called headend, to a connection holder on payment of any contribution or subscription or installation and connection charges or any other charges collected as specified in Schedule 'C' hereto or in any other manner whatsoever."]
### 3F. [Omitted]
[Section 3F was inserted by the Amendment Act 21 of 2006, thereafter said section was amended by the Act No. 53 of 2001. However vide Amendment Act 20 of 2006 section omitted.]
### 3G. [ Registration of proprietor or person.
[New section 3G to 3N are inserted by Amendment Act 20 of 2006.]
(1) No proprietor or person liable to pay tax under sections 3 and 3E shall carry on activity of providing entertainment, unless he has filed an application in accordance with sub-section (2) or he possesses a valid certificate of registration under this Act:
Provided that, any proprietor or person who was either registered or liable to pay tax under section 3 or section 3E of this Act, prior to the date of coming into force the Goa Entertainment Tax (Amendment) Act, 2006, shall continue to be so registered or liable to pay tax, subject to other provisions of this Act:
Provided further that, it shall be lawful for the proprietor or person to provide entertainment if he has applied for registration within the time provided under sub-section (2) .
(2) Within 30 days from the date of accruing of liability to pay tax under this Act every proprietor or person shall make an application to the Commissioner for registration with fees as specified in Schedule E hereto:
Provided that no proprietor or person, who is already registered as hotelier under the Goa Tax on Luxuries Act, 1988 (Act
No. 17 of 1988
), shall be required to pay registration/renewal fees under this Act.
(3) If the Commissioner is satisfied that application for registration is in order, he shall in accordance with such rules as may be prescribed, register the applicant and grant him a certificate of registration in the prescribed form and such certificate shall specify place of providing entertainment and area of operation.
(4) The Commissioner may, after considering any information furnished or otherwise called for or received under any provision of this Act, amend from time to time the certificate of registration.
(5) The Commissioner may, for good and sufficient reason, demand from the proprietor or person, who has applied for registration under this Act, a reasonable security not exceeding rupees one lakh, for proper payment of tax payable by him under this Act.
(6) The Commissioner may, for good and sufficient cause forfeit the whole or any part of the security obtained under sub-section (5):
Provided that no order shall be passed under this sub-section without giving the concerned proprietor or person an opportunity of being heard.
(7) Where a registered proprietor or person discontinues, transfers or otherwise disposes of his activity of providing entertainment or where he ceases to be liable to pay tax and he applies in a prescribed form to the Commissioner, then the Commissioner shall, after making such enquiry as may be necessary, cancel the certificate of registration with effect from such date as he may fix in accordance with the rules.
(8) Where the Commissioner is satisfied that any registered proprietor or person has discontinued, transferred or otherwise disposed of the activity of providing entertainment and has failed to apply under sub-section (7) for cancellation of certificate of registration, the Commissioner may, after giving the proprietor or person a reasonable opportunity of being heard, cancel the certificate of registration with effect from such date as he may fix to be the date from which the said activity has been discontinued, transferred or otherwise disposed of:
Provided that, the cancellation of certificate of registration on an application of the proprietor or person or otherwise shall not affect the liability of the proprietor or person to pay the tax including any penalty/interest due for any period up to the date of cancellation, whether such tax including any penalty/interest is assessed before or after the date of cancellation.
(9) Every proprietor or person liable for registration under this Act shall have to get his registration certificate renewed every financial year on payment of renewal charges specified in Schedule E hereto within 30 days from the commencement of the financial year. Provisions contained in this Act relating to registration, shall, mutatis mutandis, apply for renewal of registration.
### 3H. Provisional registration.
(1) A proprietor or person who intends to provide entertainment on payment of charges for admission, but is not liable to pay tax under the provisions of this Act, may, if so desires, apply in the prescribed manner, under this section, for grant of provisional registration certificate by the Commissioner, on payment of registration fees specified in Schedule E hereto.
(2) If the Commissioner, upon examining such application, is of the opinion that it is in order, shall grant such certificate which shall be valid for the year in which it is issued or upto such period as specified therein.
(3) Every proprietor or person who has been granted a certificate of provisional registration under this section shall, for so long as such certificate is in force, be liable to pay tax under this Act:
Provided that if the Commissioner is satisfied that the particulars contained in the application are not correct or complete or that any information prescribed for registering the applicant is not furnished, the Commissioner may, after giving the applicant a reasonable opportunity of being heard, reject the application for reasons to be recorded in writing.
### 3I. Liability of proprietor to tax.
(1) Subject to the provisions of this Act and rules made thereunder, there shall be paid by every proprietor and person who is liable to pay tax under this Act, the tax or taxes in accordance with the provisions of this Act.
(2) If a person other than the owner including manager/agent is for the time being is incharge of the place of entertainment, then, such person and the owner shall jointly and severally be liable to pay tax.
### 3J. Liability of firm.
- Where any entertainment is run by a firm, then the firm and each of the partners of the firm shall be jointly and severally liable for payment of tax:
Provided that where any partner retires from the firm, he shall be liable to pay tax, penalty and interest payable under this Act, if any, remaining unpaid at the time of his retirement, and any tax due up to the date of his retirement, even if assessment of tax including any penalty and interest, if any, is made at a later date.
### 3K. Special provision regarding liability in certain cases.
(1) Where a proprietor or person liable to pay tax under this Act, dies, then-
(a) if the activity of providing entertainment carried on by the proprietor or person is continued after his death by his legal representative or any other person, such legal representative or other person shall be liable to pay the tax including any penalty due from such proprietor or person under this Act in the like manner and to the same extent as the deceased proprietor or person;
(b) if the activity of providing entertainment carried on by the proprietor or person is discontinued, whether before or after his death, his legal representative shall be liable to pay out of the estate of the deceased, in the like manner and to the same extent as the deceased proprietor or person would have been liable to pay if he had not died, the tax including any penalty due from such proprietor or such person under this Act, whether such tax including any penalty has been assessed before his death but has remained unpaid or is assessed after his death.
Explanation. - For the purpose of this sub-section, the expression "legal representative" has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(2) Where a proprietor or a person liable to pay tax under this Act is a Hindu undivided family and the joint property is partitioned amongst the various members or group of members, then, each member or group of members shall be jointly and severally liable to pay the tax including any penalty/interest due from the proprietor or the person, under this Act, upto the time of partition whether such tax including any penalty/interest has been assessed before partition but has remained unpaid or is assessed after partition.
(3) Where a proprietor or person liable to pay tax under this Act is a firm and the firm is dissolved, then every person who was a partner shall be jointly and severally liable to pay to the extent to which he is liable under section 3J, the tax including any penalty/interest due from the firm under this Act up to the time of dissolution, whether such tax including any penalty/interest has been assessed before such dissolution but has remained unpaid or is assessed after dissolution.
(4) Where a proprietor or person, liable to pay tax under this Act, transfers or otherwise disposes of his business in whole or in part or effects any change in the ownership thereof, in consequence of which he is succeeded in the business or part thereof by any other person, then, the proprietor or person and the person succeeding shall jointly and severally be liable to pay the tax including any penalty/interest due from the proprietor or person under this Act up to the time of such transfer, disposal or change, whether such tax including any penalty/interest has been assessed before such transfer, disposal or change but has remained unpaid or is assessed thereafter.
(5) Where a proprietor or a person liable to pay tax under this Act,-
(a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or
(b) is a trustee who carries on the business under a trust for a beneficiary, then, if the guardianship or trust is terminated, the ward or, as the case may be, the beneficiary, shall be liable to pay the tax including any penalty/interest due from the proprietor or person, upto the time of termination of the guardianship or trust, whether such tax including any penalty/interest has been assessed before the termination of the guardianship or trust, but has remained unpaid, or is assessed thereafter.
(6) Where a proprietor or person liable to pay the tax under this Act is succeeded in the business by any person in the manner described in clause (a) of sub-section (1) or in sub-section (4), then such person, unless he already holds a certificate of registration, shall, within 30 days thereof, apply for registration.
### 3L. Non transferability of registration certificate.
- Save as otherwise provided in section 3N, a certificate of registration shall be personal to the proprietor or person to whom it is granted and shall not be transferable.
### 3M. Information to be furnished regarding changes in business etc.
(1) If a proprietor or person liable to pay tax under this Act,-
(a) sells or otherwise disposes off his business or any part thereof or effects or makes any other changes to his knowledge in the ownership; or
(b) discontinues or changes the place thereof or opens the new place of providing entertainment; or
(c) changes the name or nature of the activity; or
(d) enters into a partnership or other association in regard to his activity he shall, within the prescribed time, inform the Commissioner accordingly.
(2) Where any such proprietor or person dies, his executors, administrators or other legal representatives or where any proprietor or person is a firm and there is a change in the constitution of the firm or the firm is dissolved, every person who was a partner thereof, shall, in like manner inform the said authority of such death, change in the constitution or of dissolution, as the case may be.
### 3N. Certificate of registration to continue in certain circumstances.
- Where, a registered proprietor or person,-
(a) effects change in the name of his business or his activity of providing entertainment; or
(b) is a firm, and there is a change in the constitution of the firm without dissolution thereof; or
(c) is a trustee of a trust, and there is change in the trustee thereof; or
(d) is a guardian of a ward, and there is a change in the guardian, he shall then, merely by reason of any of the circumstances aforesaid, it shall not be necessary for the proprietor or person or the firm with the changed constitution, or the new trustee, or new guardian, to apply for a fresh certificate of registration and on information being furnished in the manner required by section 3M, the certificate of registration shall be amended.]
### 4. [ Payment of tax and returns.
[Present text is substituted by Amendment Act 20 of 2006.]
(1) Tax payable under this Act shall be paid in the manner hereinafter provided and at such intervals as may be prescribed.
(2) Such proprietor or person as may be required so to do by the Commissioner by notice served in the prescribed manner and every registered proprietor or person shall furnish returns of the total payments for admission to the entertainment to which such return relates in such manner, by such date and to such authority as may be prescribed.
(3) Before any registered proprietor or person furnishes the returns required by sub-section (2), he shall pay into a Government Treasury or the State Bank of India or in such other manner as may be prescribed, the full amount of tax due from him under this Act, according to such returns and shall furnish along with the returns a receipt from such Treasury or Bank showing the payment of such amount.
(4) If any proprietor or person having furnished his returns under sub-section (2) discovers any omission or incorrect statement, he may furnish a revised return before the expiry of three months following the last date prescribed for furnishing the original return and if the revised return shows a greater amount of tax to be due then was shown in the original return, it shall be accompanied by a receipt showing the payment in the manner provided in sub-section (3) of the extra amount:
Provided that no such revised return shall be considered as such and it shall not be taken into consideration, if the Commissioner is satisfied that the return originally furnished was with the intention to delay the payment of tax due in time, or with intention to defraud the Government of its revenue.
(5) Any tax assessed or any other amount, due under this Act from a proprietor or person, may, without prejudice to any other mode of collection, be recovered,-
(a) as if it were an arrears of land revenue; or
(b) by attachment and sale or by sale without attachment of any property of such proprietor or person by the Officer appointed under sub-section (2) of section 2A, in accordance with such rules as may be prescribed.
(6) The proprietor or person shall pay,-
(a) the amount of tax assessed or re-assessed for any period under section 6A or section 6C of this Act less sum already paid by him in respect of such period; and
(b) the amount of penalty, if any, levied under this Act, into the appropriate Government Treasury by such date as may be specified in a notice or order issued under this Act being not later than 30 days from the date of notice or order:
Provided that the Commissioner may, in respect of any particular proprietor or person and for reasons to be recorded in writing and on payment of interest @ 12% per annum or at such higher/lower rate as the Government may notify from time to time, extend the date of such payment or allow to pay tax due or penalty or interest levied, if any, by installments.
(7) (a)
When a proprietor or person is in default in making payment of the tax assessed or re-assessed or of penalty imposed or interest levied, there shall be paid by such proprietor or person for the period commencing from the date of expiry of the date specified in the notice for payment and ending on the date of payment of the amount, simple interest @ 15% per annum on the amount not so paid.
(b) Notwithstanding anything contained in clause (a), upon an application from the proprietor or person in the manner prescribed, the Commissioner, subject to such conditions as he may impose, remit the whole or any part of the interest payable in respect of any period by the proprietor or person.
(8) The Government may, by general or special order published in the Official Gazette, authorize any Officer not below the rank of Entertainment Tax Officer, to exercise, for the purpose of effecting recovery of the amount of tax or penalty or interest due from any proprietor or person under this Act, the powers of the Collector under the Goa Land Revenue Code, 1968 (Act
9 of 1969
), to recover the dues as arrears of land revenue.
(9) No person other than a person who has to perform some duty in connection with any entertainment or a duty imposed upon him by any law, shall be admitted to an entertainment except with a valid ticket.
(10) Notwithstanding anything contained in this section, the Commissioner, on the application of the proprietor or person of any entertainment in respect of which entertainment tax is payable under sections 3 and 3E, allow the proprietor or person on such conditions as may be prescribed to make payment of tax due,-
(i) by a consolidated payment of a percentage, to be fixed by the Commissioner, of the gross sum received by the proprietor or person on account of payment for admission to the entertainment; or
(ii) on the basis of the returns of the payments for admission to the entertainment filed by the proprietor or person for the corresponding period of the preceding year; or
(iii) in accordance with the results recorded by any mechanical/electronic contrivance including computers which automatically registers the number of persons admitted.]
### 5. Exemptions.
- [(1) A proprietor or person, upon an application in the prescribed manner and on payment of prescribed fees, may apply to the Commissioner for exemption from levy of entertainment tax on payments for admission to the entertainment, under the following circumstances:
(a) where the whole of the receipts thereof are devoted to philanthropic or charitable purpose; or
(b) where the entertainment is meant for educational purposes.];
(2) The Government may exempt from entertainment tax any ticket or complimentary ticket issued to a person in uniform serving in the defence forces of India, subject to such conditions as may be prescribed.
(3) [The Government may, upon an application from a proprietor or person in the manner prescribed]
[Substituted by the Amendment Act 20 of 2006.]
, by general or special order exempt any entertainment or class of entertainments from liability to entertainment tax in whole or in part.
(4) [ Notwithstanding anything contained in [sections 3 and 3E]
[Inserted by the Amendment Act 15 of 2001.]
of this Act, the entertainment provided by way or river cruises/boat cruises prior to the date of enforcement of the Goa Entertainment Tax (Amendment) Act, 2001, shall be exempted from entertainment tax if aforesaid tax has not been collected on such entertainment on the ground that no such tax could have been levied or collected at that time:
Provided that the burden of proving that the entertainment tax was not collected on entertainment provided by way of river cruises/boat cruises referred to in [\* \* \*]
[The words 'clause (b) of sub-section (1) of' omitted by the Amendment Act 20 of 2006.]
section 3, shall be on the person claiming exemption under this sub-section.
Explanation :- For the purposes of sub-section (1) the takings of an entertainment shall not be deemed to be devoted to philanthropic or charitable purpose if such takings are to be devoted to the benefit of any particular religious purpose or any particular caste or community other than any class of citizens declared by the Government as socially or educationally backward.]
[Sub-section 1 was Amended by Act No. 10 of 1968 and thereafter by Amendment Act 20 of 2006 sub-section substituted).]
### 6. Power to inspect.
(1) The Commissioner [\* \* \*]
[The words 'or any Officer of Government duly authorized in writing by him in this behalf' omitted by the Amendment Act 20 of 2006.]
, may enter any place of entertainment while the entertainment is proceeding, and any place ordinarily used as a place of entertainment at any reasonable time with a view to inspect whether the provisions of this Act or the rules made thereunder are being complied with.
(2) The proprietor [or person]
[Inserted by the Amendment Act 20 of 2006.]
of every entertainment and the owner or person in-charge of any place which is ordinarily used as a place of entertainment shall give every reasonable assistance to the Inspecting Officer in the performance of his duties under sub-section (1) .
(3) If any person prevents or obstructs the entry of the inspecting officer, he shall, in addition to any other punishment to which he may be liable under any law for the time being in force, be punished with fine which may extend to [five thousand rupees]
[In place of words 'five hundred rupees' substituted by the Amendment Act 20 of 2006.]
on conviction before a Magistrate.
### 6A. [ Assessment of tax.
[Section 6-A to 6-H inserted by the Amendment Act 20 of 2006.]
(1) The amount of tax due from a proprietor or person liable to pay tax shall be assessed separately for each year during which he is so liable:
Provided that, the Commissioner may, subject to such conditions as may be prescribed, assess the tax due from any proprietor or person, during a part of a year.
(2) If the Commissioner is satisfied that the returns furnished by a registered proprietor or a person, in respect of any period are correct and complete, he shall assess the amount of tax due from the proprietor or person, on the basis of such returns.
(3) If the Commissioner is not satisfied that the returns furnished by a registered proprietor or a person in respect of any period are correct and complete, and he thinks it necessary to require the presence of the proprietor or person or the production of further evidence, he shall serve on such proprietor or person a notice requiring him on a date and at a place specified thereon, either to attend and produce or cause to be produced all evidence on which such proprietor or person relies in support of his returns, or to produce such evidence as is specified in the notice. On the date specified in the notice, or as soon as may be thereafter, the Commissioner shall, after considering all the evidence which may be produced, assess the amount of tax due from the proprietor or person.
(4) If a registered proprietor or a person fails to comply with the terms of any notice issued under sub-section (3), the Commissioner shall assess, to the best of his judgment, the amount of tax due from him.
(5) Where all the returns are filed by a registered proprietor or person for any year on or before the date prescribed for filing the last return of that year, no order of assessment under sub-section (3) or sub-section (4) in respect of that year shall be made after the expiry of two years from the end of the said year, and if for any reason such order is not made within the period aforesaid, then the returns so filed shall be deemed to have been accepted as correct and complete for assessing the tax due from such proprietor or person:
Provided that, where such assessment is made in consequence of or to give effect to any order of an appellate or revisional authority or of a Court, the period of two years shall be reckoned from the date of such order:
Provided further that, in computing the period of limitation laid down in the above sub-section, any period during which assessment proceedings are stayed by an order or injunction of any Court or authority shall be excluded.
(6) If a registered proprietor or a person does not furnish returns in respect of any period by the prescribed date, the Commissioner shall, at any time within two years from the end of the year in which such period occurs, after giving the proprietor or the person a reasonable opportunity of being heard, proceed to assess, to the best of his judgment, the amount of tax, if any, due from him.
(7) If the Commissioner has reason to believe that a proprietor or a person is liable to pay tax in respect of any period, but has failed to apply for registration or failed to apply for registration within time as required by section 3G, the Commissioner shall, at any time within three years from the end of the year in which such period occurs, after giving the proprietor or the person a reasonable opportunity of being heard, proceed to assess, to the best of his judgment, the amount of tax, if any, due from the proprietor or person in respect of that period, and any period or periods subsequent thereto.
(8) Notwithstanding anything contained in the foregoing provisions of this section, where the Commissioner is not satisfied about the correctness or completeness of the accounts of a proprietor or a person or where no method of accounting has been regularly employed by a proprietor or a person, the Commissioner may, after giving the proprietor or the person a reasonable opportunity of being heard, assess to the best of his judgement, the amount of tax, if any, due from him.
(9) Any assessment made under this section shall be without prejudice to any penalty or prosecution for an offence, under this Act.
### 6B. Applicability of provisions of this Act to the person liable to pay tax under section 3K.
- Where, in respect of any tax including any penalty and interest due from the proprietor or person under this Act, any other person is liable for payment thereof under section 3K, then such other person shall be deemed to be a proprietor or a person for the purpose of this Act, and all the relevant provisions of this Act, shall, in respect of such liability, apply to such person also, as if he were the proprietor or the person.
### 6C. Re-assessment of turnover escaping assessment, under assessed, etc.
(1) If a proprietor or a person has been assessed under section 6A for any year or part thereof and where for any reason the whole or any part of the turnover of receipts in respect of that year or part thereof has escaped assessment, or has been under-assessed or assessed at a lower rate, or any deduction has been wrongly made, then, the Commissioner may, at any time within three years of the end of that year, after giving the proprietor or the person a reasonable opportunity of being heard, proceed to assess or re-assess, to the best of his judgment, the amount of tax due from such proprietor or person:
Provided that, the amount of tax shall be assessed at the rates at which it would have been assessed had there been no under-assessment or escapements:
Provided further that, where in respect of such turnover of receipts an order has already been passed in appeal or revision under this Act, the Commissioner shall make a report to the appropriate appellate or revisional authority under this Act, which shall thereupon after giving the proprietor or the person concerned a reasonable opportunity of being heard, pass such order as it deems fit.
(2) Nothing in sub-section (1) shall apply to any proceeding (including any notice issued) under section 6D or section 6G.
(3) Nothing in sections 6D and 6G shall affect any proceeding under this section.
### 6D. Appeal, revision and review.
(1) Any proprietor or person may, in the prescribed manner, appeal to the authority as may be prescribed, against any assessment or re-assessment, within sixty days from the date of communication of the order appealed against:
Provided firstly that, the said authority may entertain the appeal after expiry of the said period of sixty days but not beyond one hundred and fifty days, if he is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time:
Provided secondly that, no appeal shall be entertained by the said authority unless he is satisfied that such amount of the tax as the applicant may admit to be due from him has been paid.
(2) Subject to such rules or procedure as may be prescribed, the appellate authority, in disposing of any appeal under sub-section (1), may-
(a) confirm, reduce, enhance or annul the assessment; or
(b) set aside the assessment and direct the assessing authority to make a fresh assessment after such further inquiry as may be directed; or
(c) pass such other orders as it may think fit.
(3) (a)
In the case of an order passed in appeal by the appellate authority under sub- -section (2) , a second appeal shall lie to the Tribunal within sixty days of the date of passing of the order.
(b) The Tribunal may admit the second appeal referred to after the period of sixty days referred to in clause (a) but not beyond one hundred fifty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in that period.
(4) No appeal under sub-section (3) or sub-section (9) shall be entertained by the Tribunal, and no revision application under sub-section (6) shall be entertained by the Commissioner, unless such appeal or revision application, as the case may be, is accompanied by satisfactory proof of the payment of tax or penalty or both that may be due:
Provided that, the Tribunal or the Commissioner, as the case may be, if it or he thinks fit, for reasons to be recorded in writing, entertain any appeal or revision against any such order without making the payment as aforesaid, if the appellant or, as the case may be, the applicant, furnishes such security for such amount as it or he may direct.
(5) In disposing of an appeal, the Tribunal shall have the same powers as that of the appellate authority under sub-section (2).
(6) Subject to such rules as may be prescribed and for reasons to be recorded in writing, the Commissioner, upon application or of his own motion, may revise, any assessment made or order passed under this Act or the rules made thereunder by a person appointed under section 2A to assist him:
Provided that, before rejecting any application for the revision of any such order, the Commissioner shall consider it and shall record reasons for such rejection:
Provided further that, no application for revision shall lie to the Commissioner in respect of any assessment if an appeal lies under sub-section (1) to the prescribed authority in respect of such assessment.
(7) The proprietor or the person may, at his option, file a second appeal under sub- -section (3), or make an application for revision to the Commissioner under sub-section (6), and where the proprietor or the person has exercised such option, he shall be precluded from filing an application for revision under sub-section (6), or, as the case may be, from filing a second appeal under sub-section (3).
(8) In disposing of the revision, the Commissioner shall have the same powers as those of the Appellate Authority under sub-section (2).
(9) Where an order is passed by the Commissioner of his own motion under sub- -section (6), an appeal shall lie to the Tribunal from that order within sixty days and an appeal filed after that period may be admitted if the Tribunal is satisfied that the appellant had sufficient cause for not filing the appeal within that period.
(10) Subject to such rules as may be prescribed, any assessment made or order passed under this Act or under the rules made thereunder, by any person appointed under section 2A or by the Tribunal constituted under section 2B may be reviewed by the person, or the Tribunal passing it, as the case may be, upon an application or of his or it's own motion, as the case may be.
(11) Before any order is passed under this section which is likely to affect any person adversely, such person shall be given a reasonable opportunity of being heard.
Explanation. - In this section, 'assessment' includes imposition of penalty.
### 6E. Application of sections 4, 5 and 12 of the Limitation Act.
- In computing the period laid down under section 6D, the provisions of sections 4, 5 and 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall, so far as may be, apply.
### 6F. Non-appealable orders.
- No appeal shall lie against,-
(i) a notice issued under this Act calling upon a proprietor or person for assessment or asking a proprietor or a person to show cause as to why he should not be prosecuted for an offence under this Act or notices issued under any of the provisions of section 7A of this Act; or
(ii) an order pertaining to the seizure or retention of accounts books, registers and other documents; or
(iii) an order sanctioning a prosecution under this Act; or
(iv) an order transferring any proceeding under section 13C.
### 6G. Rectification of mistakes.
(1) The Commissioner, may at any time within one year from the date of any order passed by him, on his own motion, rectify any mistake apparent from the record, and shall within a like period, rectify any such mistake which has been brought to his notice by any person affected by such order:
Provided that, no such rectification shall be made if it has the effect of enhancing the tax unless the Commissioner has given notice in writing to such person of his intention to do so and has allowed such person a reasonable opportunity of being heard;
(2) The provisions of sub-section (1) shall apply to rectification of a mistake by an appellate authority under section 6D as they apply to the rectification of a mistake by the Commissioner.
(3) Where any such rectification has the effect of reducing the amount of the tax or interest or penalty or the amount of forfeiture, the Commissioner shall, in the prescribed manner, refund any amount due to such person.
(4) Where any such rectification has the effect of enhancing the amount of the tax or interest or penalty or the amount of forfeiture, the Commissioner shall recover the amount due from such person in the manner provided for in section 4.
### 6H. Power to call information, to search and seizure of documents, etc.
-
(1) The Commissioner may require,-
(a) from a proprietor or a person providing entertainment, to furnish information in respect of,-
(i) accounts of printing and sale of tickets;
(ii) time and venue of providing entertainment;
(iii) accounts of complimentary tickets printed and issued;
(iv) total capacity of the place of entertainment;
(v) licenses issued by any other authorities for conducting the entertainment.
(b) from a distributor,-
(i) any information as regards the sale, supply, distribution or lending on rental basis or otherwise, of feature films for exhibitions of cinematograph shows.
(ii) all information as regards to the cable television network or of any system of close circuit transmission or associated signal generation, control and distribution equipments, designed to provide cable service for reception by multiple subscribers and/or any cable operators through headend control rooms.
(c) to furnish books of accounts including bank accounts or documents regarding entertainment provided.
(d) to furnish any other information that may be necessary.
(2) If the Commissioner has reason to believe that any proprietor or person or distributor has evaded or is attempting to evade the payment of tax due from him or furnishing incorrect information or avoiding to furnish information under this section, he may, for reasons to be recorded in writing, seize such accounts, registers, documents as may be necessary and shall grant receipts for the same and shall retain the same for a period of six months which period may be extended by another six months by order in writing.
(3) For the purpose of sub-sections (1) and (2) of this section, the Commissioner may enter and search the place of entertainment or any place of business of the proprietor or person or distributor or any other place where, the Commissioner has reason to believe that the proprietor or person or distributor keeps documents, accounts or registers of his business relating to provide entertainment liable to tax under this Act."].
### 7. [ Recoveries.
[Substituted by the Amendment Act 3 of 1982 and thereafter by 20 of 2006.]
- Any amount of tax, penalty or interest which remain unpaid after the date prescribed for payment or the date specified in the notice for payment or the date in the order of imposition of penalty, or after the extended date of payment and any installments not duly paid, shall be recoverable as arrears of land revenue.]
### 7A. [ Charge on the property of defaulter and levy of interest for delayed payment of tax.
[Section 7-A and 7-B inserted by the Amendment Act 20 of 2006.]
(1) If a proprietor or a person does not pay the tax within the time he is required by or under the provisions of this Act and the rules made thereunder to pay it, then,-
(i) the whole of the amount outstanding on the date of default shall become immediately due and shall be a charge on the properties of the person or persons liable to pay the tax under this Act; and
(ii) the proprietor or person shall be liable to pay by way of simple interest, in addition to the amount of such tax, an amount equal to simple interest @ 15% per annum on such tax.
Explanation. - For the purpose of clause (ii) above, for calculating the interest, the fraction of the month shall be treated as a full month.
(2) If any tax, other than the tax on which interest is leviable under sub-section (1), has remained unpaid on the date prescribed for filing the last returns in respect of any period of assessment, then, the proprietor or person shall be liable to pay by way of simple interest, a sum equal to two percent on such tax for each month or part thereof on the expiry of 30 days from the date immediately following the date on which the period for which the proprietor or the person has been assessed expires, till the date of order of assessment and where any payment of such unpaid tax, whether in full or in part, is made on or before the date of order of assessment, the amount of such interest shall be calculated by taking into consideration the amount and the date of such payment. If, as a result of any order passed under this Act, the amount of tax which had so remained unpaid is enhanced or reduced, as the case may be, the interest shall be enhanced or reduced, accordingly.
(3) Notwithstanding anything contained in sub-section (1), the Commissioner may, subject to such conditions as may be prescribed, remit the whole or any part of the interest payable in respect of any period by any proprietor or person or class of persons.
### 7B. Special mode of recovery.
(1) Notwithstanding anything contained in any law or contract to the contrary, the Commissioner may, at any time, or from time to time, by notice in writing, a copy of which shall be forwarded to the proprietor or person at his last address known to the Commissioner, require,-
(a) any person from whom any amount of money is due or may become due to a proprietor or person who has failed to pay the amount of tax due or penalty imposed under this Act; or
(b) any person who holds or may subsequently hold money for or on account of such proprietor or person, to pay to the Commissioner, either forthwith upon the money becoming due or being held at or within the time specified in the notice, but not before the money becomes due or is held as aforesaid, so much of the money as is sufficient to pay the amount due by the proprietor or the person, in respect of arrears of tax and penalty or both, or the whole of the money when it is equal to or less than that amount.
Explanation. - For the purpose of this section, the amount of money due to a proprietor or a person from or money held for or on account of a proprietor or a person, by any person shall be calculated after deducting therefrom such claims, if any, lawfully subsisting as may have fallen due for payment by such proprietor or person to such person.
(2) The Commissioner may at any time, amend or revoke any such notice, or extend the time for making any payment in pursuance of such notice.
(3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the proprietor or the person and the receipt of the Commissioner shall constitute a good and sufficient discharge of the liability of such person, to the extent of the amount referred to in the receipt.
(4) Any person discharging any liability to the proprietor or person after receipt of the notice referred to in this section shall be personally liable to the Commissioner to the extent of the liability discharged, or to the extent of the liability of the proprietor or person for tax and penalty, whichever is less.
(5) Where a person to whom a notice under this section is sent objects to it, by statement in writing that the sum demanded or any part thereof is not due or payable to the proprietor or person or that the amount held for or on account of the proprietor or person is under genuine dispute, the Commissioner shall hold an inquiry and after giving a reasonable opportunity of being heard to such person and the proprietor or person shall make such order as he thinks fit.
(6) Any amount of money which a person is required to pay to the Commissioner or for which he is personally liable to the Commissioner under this section shall, if it remains unpaid, be recoverable as an arrear of land revenue.]
### 8. [ Imposition of penalty.
[Substituted by the Amendment Act 20 of 2006.]
- If, while assessing or re-assessing the amount of tax due from a proprietor or person under any provisions of this Act or while passing an order in appeal, revision or rectification proceedings, it appears to the Commissioner that such proprietor or person has,-
(a) failed to apply for registration as required by section 3G or has carried on the activity of providing entertainment without being registered, in contravention of section 3G; or
(b) failed, without reasonable cause, to comply with any notice in respect of the proceedings under section 6A or section 6C; or
(c) failed to disclose any transaction of receipt or has failed to furnish returns by the prescribed date or has failed to show in the return the appropriate liability to pay tax or has failed to disclose fully and truly all material facts necessary for the proper and correct quantification of the tax liability, then the Commissioner may after giving the proprietor or person an opportunity of being heard, by an order in writing, impose upon the proprietor or person by way of penalty, in addition to any tax assessed or re-assessed or found due in appeal or revision or rectification proceedings, as the case may be, a sum not exceeding one and a half times the amount of tax so assessed or re-assessed or found due in the appeal or revision or rectification proceedings]
### 8A. [ Imposition of penalty for contravening certain provisions.
[Section 8-A to 8-I inserted by the Amendment Act 20 of 2006.]
(1) If a proprietor or person-
(a) (i)
not being liable to pay tax under this Act, collects any sum by way of entertainment tax; or
(ii) being registered collects any amount by way of entertainment tax in excess of the tax payable by him; or
(iii) otherwise collects tax in contravention of the provisions of section 8E; or
(b) being liable to pay tax under this Act, or was required so to do by the Commissioner by a notice, served on him, fails in contravention of sub-section (1) of section 8F to keep a true account of his turnover of receipts of entertainment provided or fails when directed so to do under that section to keep any account or record in accordance with direction, he shall be liable to pay, in addition to any tax for which he may be liable, a penalty of an amount as follows:-
(i) If the Commissioner is satisfied that any proprietor or person has acted in contravention referred to in sub-clause (i) and (iii) of clause (a), he may, after giving such proprietor or person a reasonable opportunity of being heard, direct him to pay by way of penalty, a sum not exceeding one and half times the tax collected in contravention of the said provision.
(ii) Where there has been a contravention referred to in sub-clause (ii) of clause (a) or in clause (b), a penalty not exceeding one half times the tax in addition to any sum collected by the proprietor or person by way of tax in contravention of section 8E shall be forfeited to the Government after giving such proprietor or person an opportunity of being heard.
(2) If the Commissioner, in the course of any proceeding under this Act or otherwise, has reason to believe that any person has become liable to a penalty or forfeiture or both penalty and forfeiture of any sum under sub-section (1), he shall serve on such person a notice in the prescribed manner requiring him on a date and at a place specified in the notice to attend and show cause as to why a penalty or forfeiture or both penalty and forfeiture of any sum as provided in sub-section (1) should not be imposed on him.
(3) The Commissioner shall, thereupon, hold an inquiry and shall make such order as he thinks fit.
(4) If the Commissioner has reason to believe that the entry into this casino to any person is allowed without payment of charges for admission as provided in column (3) of Schedule 'D' appended to this Act then the proprietor or the person operating such casino shall be imposed a penalty of Rs. 2,000/- per person.
(5) If any proprietor or person or distributor required to furnish any information or produce accounts as provided in section 6H:-
(a) wilfully refuses or neglects to furnish such information as may be required by that section; or
(b) wilfully furnishes or causes to be furnished any information which he knows to be incorrect or false; or
(c) wilfully conceals any material information, he shall on conviction, be punished with fine which may extend to Rs. 5,000/- and in case of continuing offence to a further fine of Rs. 100/- per day after the first day during which the offence continues.
(6) No prosecution for an offence under this Act shall be instituted in respect of the same facts on which a penalty has been imposed under this section.
### 8B. Rounding of tax, etc.
- The amount of tax, penalty, interest, composition money, fine or any other sum payable under the provisions of this Act, shall be rounded off to the nearest rupee and, for this purpose, where such amount contains a part of a rupee consisting of paise, then, if such part is fifty paise or more, it shall be increased to one rupee, and if such part is less than fifty paise, it shall be ignored:
Provided that, nothing in this section shall apply for the purpose of collection by the proprietor or person of any amount by way of tax under this Act.
### 8C. Refund.
(1) The Commissioner shall refund to a person the amount of tax and penalty, if any, paid by such person in excess of the amount due from him. The refund may be either by cash payment or, at the option of the person, by deduction of such excess from the amount of tax and penalty due in respect of any other period:
Provided that, the Commissioner shall first apply such excess towards the recovery of any amount due in respect of which a notice under sub-section (6) of section 4 has been issued, and shall then refund the balance, if any.
(2) Where any refund is due to any proprietor or person according to the returns furnished by him for any period, such refund may provisionally be adjusted by him against the tax due and payable as per the returns furnished under section 4 for any period:
Provided that, the amount of tax or penalty or interest or all of them due from, and payable by, the proprietor or the person on the date of such adjustment shall first be deducted from such refund before making adjustment.
### 8D. Power to withhold refund in certain cases.
- Where an order giving rise to a refund is the subject-matter of an appeal or further proceeding or where any other proceeding under this Act is pending, and the authority competent to grant such refund is of the opinion that the grant of the refund is likely to adversely affect the revenue, such authority may, with the previous approval of the Commissioner, withhold the refund till such time as the Commissioner may determine.
### 8E. Prohibition against collection of tax in certain matters.
(1) No person shall collect any sum by way of tax in respect of his activity of providing entertainment to the extent that he is not liable to pay it under this Act.
(2) No person, who is not a registered proprietor or person and liable to pay tax in respect of entertainment shall collect any sum by way of tax from any other person and no registered proprietor or person shall collect any amount by way of tax in excess of the amount of tax payable by him under the provisions of this Act:
Provided that, this sub-section shall not apply where a person is required to collect such amount of the tax separately in order to comply with the conditions and restrictions imposed on him under the provisions of any law for the time being in force.
### 8F. Accounts, production and inspection of accounts and documents.
(1) Every proprietor or person liable to pay tax under this Act, and who is required so to do by the Commissioner by notice served on him in the prescribed manner, shall keep a true account of the entertainment tax receipts.
(2) If the Commissioner considers that the accounts kept are not sufficiently clear or intelligible to enable him to determine whether or not a proprietor or person is liable to tax during any period, or are so kept not to enable a proper scrutiny of the returns or the statement furnished, the Commissioner may require such proprietor or person by notice in writing to keep such accounts in such form or manner as in his opinion is necessary for the purpose of proper assessment and as he may, subject to anything that may be prescribed in that behalf, in writing direct.
(3) The Commissioner may, subject to such conditions or restrictions as may be prescribed in this behalf, by notice in writing direct any proprietor or person to maintain accounts and records showing such particulars regarding their business in such form, and in such manner, as may be specified by him.
(4) Every registered proprietor or person shall ordinarily keep all his accounts, registers and documents relating to his activity of providing entertainment at the place or places of his activity of providing entertainment specified in his certificate of registration or, with the previous approval of the Commissioner at such other place as may be approved by the Commissioner.
(5) The Commissioner may, subject to such conditions as may be prescribed, require any proprietor or person to produce before him any accounts or documents, or to furnish any information, relating to his business, or any other information as may be necessary for the purpose of this Act.
(6) All accounts, registers and documents relating to the activity of providing entertainment of any proprietor or person and cash kept in any place of his activity of providing entertainment shall at all reasonable times be open to inspection by the Commissioner and the Commissioner or any person authorized by him, may take or cause to be taken such copies or extracts of the said accounts, registers or documents and such inventory of cash found as appear to him necessary for the purpose of this Act.
### 8G. Proprietor or person to declare the name of owner of business.
- Every proprietor or person who is liable to pay tax, and who is a Hindu undivided family, or an association or club or society or firm or company, or corporation or who carries on business as the guardian or trustees or otherwise on behalf of another person, shall, within the period prescribed, send to the authority prescribed, a declaration in the manner prescribed stating the name of the person or persons who is the owner or who are the owners of the place of entertainment. Such declaration may be revised from time to time.
### 8H. Offences and penalties.
(1) Whoever, knowingly furnishes a false returns shall, on conviction, be punished-
(i) in case where the amount of tax, which could have been evaded if the false return had been accepted as true, exceeds Rs. 10,000/-, with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine of minimum of rupees ten thousand and maximum of not exceeding the tax liability;
(ii) in any other case, with rigorous imprisonment for a term, which shall not be less than three months but which may extend to one year and with fine not exceeding rupees five thousand.
(2) Whoever knowingly keeps false account of the receipts in contravention of section 8F, shall, on conviction, be punished with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine not exceeding rupees five thousand.
(3) Whoever-
(i) wilfully attempts, in any manner whatsoever, to evade any tax leviable under this Act; or
(ii) wilfully attempts, in any manner whatsoever, to evade any payment of any tax or penalty or interest under this Act, he shall, on conviction, be punished-
(a) in case where the amount involved exceeds Rs. 50,000/- during the period of a year, with rigorous imprisonment for a term which shall not be less than six months but which may extend to three years and with fine of minimum of rupees ten thousand and maximum of rupees fifty thousand;
(b) in any other case, with rigorous imprisonment for a term which shall not be less than three months but which may extend to one year and with fine not exceeding rupees ten thousand;
(4) Whoever aids or abets any person in commission of any act specified in sub- -sections (1) to (3), shall, on conviction, be punished with rigorous imprisonment which shall not be less than three months but which may extend to one year and with fine not exceeding rupees five thousand.
(5) Whoever-
(a) carries on business without being registered and without his registration certificate being renewed in wilful contravention of section 3G; or
(b) fails, without sufficient cause, to furnish any information required by section 3M; or
(c) fails, without sufficient cause, to furnish any returns as required by section 4 by the date and in the manner prescribed; or
(d) voluntarily obstructs any officer making inspection, search and seizure under section 6H; or
(e) contravenes, without reasonable cause, any of provisions of section 8A; or
(f) fails, without sufficient cause, when directed to keep any accounts or record, in accordance with such direction and to comply with requirements made to him under section 8F; or
(g) voluntarily obstructs any Officer making inspection under section 8F, shall, on conviction, be punished with imprisonment for a term which may extend to one year and with fine not exceeding rupees twenty five thousand.
(6) Whoever commits any of the acts specified in sub-sections (1) to (5) and the offence is a continuing one under any of the provisions of these sub-sections, shall, on conviction, be punished with a daily fine of not less than rupees two hundred during the period of the continuance of the offence, in addition to the punishments provided under this section.
(7) Notwithstanding anything contained in sub-sections (1) to (6), no person shall be proceeded against under these sub-sections for the acts referred to therein, if the total amount of tax evaded or attempted to be evaded is less than rupees ten thousand during the period of a year.
(8) Whoever, when required to furnish any information or returns under section 9A,-
(a) wilfully refuses or without lawful excuse neglects to furnish such information or returns; or
(b) wilfully furnishes or causes to be furnished any information or returns which he knows to be false, he shall, on conviction, be punished with fine which may extend to five thousand rupees and in case of a continuing offence to a further fine which may extend to two hundred rupees for each day after the first offence during which the offence continues.
(9) Whoever, when engaged in connection with the collection of statistics under section 9A, wilfully discloses any information or the contents of any returns given or made under that section, otherwise than in execution of his duties under that section or for the purposes of the prosecution of an offence under this Act or under the Indian Penal Code, 1860 (Central Act 45 of 1860), shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.
(10) Save as provided in sub-section (2) of section 9B, if any servant of the Government discloses any of the particulars referred to in sub-section (1) of that section, he shall, on conviction, be punished with imprisonment which may extend to six months or with fine of rupees five thousand or with both.
(11) No prosecution for an offence under this Act shall be instituted in respect of the same facts on which a penalty has been imposed by the Commissioner under any provisions of this Act.
### 8I. Penalty for contravening provisions regarding furnishing of information or concealing of material facts.
- If the Commissioner is satisfied that any proprietor or person or distributor acted in contravention of provisions of section 6H, he may, after giving such proprietor or person or distributor a reasonable opportunity of being heard, direct him to pay by way of penalty a sum not exceeding rupees ten thousand.]
### 9. [ Compounding of offences.
[Section amended by the Amendment Act 3 of 82 thereafter by the Amendment Act 20 of 2006 present section is substituted.]
(1) Subject to such conditions as may be prescribed, the Commissioner may accept from any person alleged to have committed an offence under sub-section (1) of section 8H or under any rules made under this Act, either before or after the commencement of any proceeding against such person in respect of such offence, by way of composition for such offence, a sum not exceeding five thousand rupees or where the offence alleged to have been committed is under clause (a) or clause (c) of sub-section (5) of section 8H, a sum not exceeding double the amount of the tax, which would have been payable by such person had he complied with the provisions of this Act.
(2) On payment in full of such sum as may be determined by the Commissioner under sub-section (1),-
(a) no proceeding shall be commenced against such person as aforesaid; and
(b) if any proceeding have been already commenced against such person as aforesaid, such proceeding shall not be further proceeded with.]
### 9A. [ Power to collect statistics.
[Section 9-A and 9-B inserted by the Amendment Act 20 of 2006.]
(1) If the Government considers that for the purposes of the better administration of this Act, it is necessary so to do, it may, by notification in the Official Gazette, direct that statistics be collected relating to any matter dealt with by or under this Act.
(2) Upon such direction being made, the Government or any person, or person authorized by it in this behalf, may, by notification in the Official Gazette, and by notice in any newspaper or in such other manner as in its or his opinion is best calculated to bring the notice to the attention of the proprietor or person, call upon all proprietors or persons or any class of proprietors or person to furnish such information or returns as may be stated therein relating to any matter in respect of which statistics are to be collected. The form in which, the persons to whom or, the authorities to which such information or returns should be furnished, the particulars which they should contain, and the intervals in which such information or returns should be furnished, shall be such as may be prescribed.
### 9B. Returns, etc. to be confidential.
(1) All particulars contained in any statement made, returns furnished or accounts or documents produced in accordance with this Act or in any record of evidence given in the course of any proceedings under this Act other than proceedings before a Criminal Court shall, save as provided in sub-section (3), be treated as confidential, and notwithstanding anything to the contrary contained in any other law relating to evidence, no Court shall, save as aforesaid, be entitled to require any employee of the Government to produce before it any such statement, return, account, document or record or any part thereof, or to give evidence before it in respect thereof.
(2) Save as provided in sub-section (3), if any employee of the Government discloses any of the particulars referred to in sub-section (1), he shall be punished with imprisonment which may extend to six months and shall also be liable to fine.
(3) Nothing contained in this section shall apply to the disclosure of. - (a) any of the particulars referred to in sub-section (1) for the purpose of an investigation or prosecution under this Act or under the Indian Penal Code, 1860 (Central Act 45 of 1860) or under any other enactment for the time being in force; or
(b) such facts, to an Officer of the Central Government or the Government of any State or Union Territory, as may be necessary for verification of such facts or for the purpose of enabling that Government to levy or realize any tax imposed by it."]
### 10. [ Powers of Commissioner.
[Section was amended by the Act No. 8 of 1977 and 3 of 1982. Subsequently present section is substituted by the Amendment Act 20 of 2006.]
(1) In discharging his functions under this Act, the Commissioner shall have all the powers of a Civil Court for the purpose of,-
(a) proof of facts by affidavit;
(b) summoning and enforcing the attendance of any person, and examining him on oath or affirmation;
(c) compelling the production of documents; and
(d) issuing commissions for the examination of witnesses.
(2) In the case of any affidavit to be made for the purpose of this Act, any Officer appointed by the Commissioner may administer the oath to the deponent.
(3) Without prejudice to the provisions of any other law for the time being in force, where a person, to whom a summon is issued by the Commissioner either to attend to give evidence or produce books of accounts, registers or other documents at a certain place and time, intentionally omits to attend or produce the documents at the place and time, the Commissioner may impose on him such fine not exceeding one thousand rupees as he thinks fit and the fine so levied may be recovered in the manner provided in this Act for recovery of arrears of tax:
Provided that, before imposing any such fine, the person concerned shall be given a reasonable opportunity of being heard.
(4) If any documents are produced by a person on whom a summon was issued by the Commissioner, and the Commissioner has reason to believe that any proprietor or person has evaded or is attempting to evade the payment of any tax due from him and the documents produced are necessary for establishing the case against such proprietor or person, the Commissioner may, for reasons to be recorded in writing, impound the documents and shall grant a receipt for the same, and shall retain the same for so long as may be necessary in connection with the proceedings under this Act, or for a prosecution.].
### 11. Protection of action and bar of limitation.
(1) No suit, prosecution or other legal proceeding shall lie against any officer or employee of the Government for anything done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(2) [ Save as provided in this Act, no assessment made or no order passed under this Act or the rules made thereunder by the Commissioner or any Officer or person subordinate to him shall be called in question in any Court, and save as provided under section 6D, no appeal shall lie against any such assessment order.]
[Sub-section 2 substituted by the Amendment Act 20 of 2006.]
.
### 12. Cognizable Offence.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, but subject to the other provisions of this Act,-
(1) an offence under this Act shall be a cognizable offence under the said Code; an
(2) only magistrates of the First Class shall have jurisdiction to try any such offence.
### 12A. [ Limitation for taking cognizance of offences.
[Inserted by the Amendment Act 3 of 1982.]
- Notwithstanding anything to the contrary in any other law relating to the period of limitation for the cognizance of offences, the court shall take cognizance of any offence under this Act, or under the Rules made thereunder within a period of one year from the date of commitment of such offence.]
### 13. Prohibition of levy by local authorities.
(1) Notwithstanding anything contained in any law relating to a municipality, local board, village panchayat or other local authority, no municipality, local board, village Panchayat or other local authority shall levy any tax on entertainment in respect of which entertainment tax is leviable under this Act.
(2) Nothing contained in sub-section (1) shall affect the levy by any local authority referred to therein, of a tax at a flat rate per cinema show or performance on cinema shows or performances in accordance with the law enabling the imposition of such a tax.
### 13A. [ Offences by companies.
[Section 13-A to 13-D inserted by the Amendment Act 20 of 2006.]
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that, nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he 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 the director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section,
(a) 'company' means a body corporate, and includes a firm, other association of individuals; and
(b) 'director' in relation to a firm, means a partner in the firm.
### 13B. Investigation of offences.
(1) Subject to such conditions as may be prescribed, the Commissioner may authorize either generally or in respect of a particular case or class of cases, any officer or person subordinate to him to investigate all or any of the offences punishable under this Act.
(2) Every officer so authorized shall, in the conduct of such investigation, exercise the powers conferred by the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), upon an officer in charge of a police station for the investigation of a cognizable offence.
### 13C. Power to transfer proceedings.
- The Commissioner may, after giving the parties a reasonable opportunity of being heard in the matter, wherever it is possible to do so, and after recording his reasons for doing so, by order in writing, transfer any proceedings or class of proceedings under any provision of this Act, from himself to any other officer and he may likewise transfer any such proceedings (including a proceeding pending with any officer or already transferred under this section) from any officer to any other officer or to himself:
Provided that, nothing in this section shall be deemed to require any such opportunity to be given where the transfer is from any officer to any other officer and the offices of both officers are situated in the same city, locality or place.
Explanation. - In this section, the word 'proceedings' in relation to any proprietor or person whose name is specified in any order issued thereunder, means all proceedings under this Act in respect of any year which may be pending on the date of such order or which may have been completed on or before such date, and includes also all proceedings under this Act which may be commenced after the date of such order in respect of any year in relation to such proprietor or person.
### 13D. Appearance before any authority in proceedings.
- Any person, who is entitled or required to attend before any authority in connection with any proceedings under this Act, may attend,-
(a) by a relative or a person regularly employed by him; or
(b) by a legal practitioner, Chartered Accountant, Cost Accountant or Company Secretary; or
(c) by a tax practitioner, if such relative, person employed, legal practitioner, Chartered Accountant, Cost Accountant, Company Secretary or Tax Practitioner is authorized by such person and such authorization may include the authority to act on behalf of such person in such proceedings.]
### 14. [ Power to make rules.
[Substituted by the Amendment Act 20 of 2006.]
(1) The Government may, by notification in the Official Gazette, make rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-
(i) subordination of officers and persons appointed under section 2A amongst themselves;
(ii) qualification of the members of Tribunal and the period for which such member shall hold office as stated in sub-section (3) of section 2B;
(iii) manner of making application as stated in clause (d) of sub-section (i) of section 3A;
(iv) form of certificate of registration as stated in sub-section (3) and form of application as stated in sub-section (7) of section 3G;
(v) manner of applying for grant of provisional registration certificate as stated in sub-section (1) of section 3H;
(vi) the time within which, information shall be furnished under sub-section (1) of section 3M to the Commissioner;
(vii) the period for which and the dates by which and the authority to which, the returns shall be furnished under sub-section (2) of section 4;
(viii) the intervals at which, and the manner in which, the entertainment tax shall be paid as provided in sub-section (1) and (3) of section 4;
(ix) conditions subject to which the tax shall be assessed by the Commissioner as provided in sub-section (1) of section 6A;
(x) the manner of making appeal and the authority to whom it should be made as provided in sub-section (1) of section 6D;
(xi) the manner in which a notice under sub-section (2) of section 8A may be served;
(xii) the manner in which notice to be served as stated in sub-section (1) and the accounts and forms required to be kept as stated in sub-section (3) of section 8F;
(xiii) the period within which, the authority to which and the manner in which a declaration shall be sent under section 8G;
(xiv) the form in which, the authority to which and the intervals in which information or returns shall be furnished and the particulars to be specified in such information and returns as provided in sub-section (2) of section 9A;
(xv) the manner in which, and the time within which the applications shall be made, information furnished and notices served, under this Act;
(xvi) the conditions subject to which offences may be compounded under section 9;
(xvii) the fees payable in Court-fee stamps in respect of applications,-
(a) for a certified copy of an order of assessment, or of any order passed; or document produced or filed in any proceedings, under this Act;
(b) for determination of any question;
(c) for remission of interest;
(xviii) the fees payable for making and supplying a duplicate or certified copy of any order or document under this Act or the rules made thereunder, the extra fees payable if the copy is required urgently and the deposit to be made to cover the cost of such fees;
(xix) controlling the use of mechanical/electronic contrivances, computer including the prevention of its misuse;
(xx) the checking of admissions, the keeping of accounts and the furnishing of returns by the proprietor or person of entertainments in respect of which the tax due is payable;
(xxi) requiring proprietors referred to in clause (xix) to furnish security for payment of tax and prescribing conditions for forfeiture of such security;
(xxii) the presentation and disposal of applications for exemption from payment of entertainment tax or for the refund thereof;
(xxiii) the exemption from entertainment tax or from any part thereof in respect of soldiers, sailors or other defence forces in uniforms;
(xxiv) the issue of passes by proprietor of a place of entertainment for the admission to the place of entertainment of persons who have to perform any duty in connection with the entertainment or any other duty imposed upon them by law;
(xxv) any other matter which is required to be prescribed.
(3) If any person acts in contravention of, or fails to comply with, any such rules, he shall, on conviction by a Magistrate, be liable to fine which may extend to two thousand rupees.
(4) Every rule made under this Act shall, as soon as may be after it is made, 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 session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
### 14A. [ Indemnity.
[Inserted by the Amendment Act 20 of 2006.]
- No suit, prosecution or other legal proceedings shall lie against any servant of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.]
### 15. Repeal and Savings.
(1) On the commencement of this Act, any law in force in the Union Territory of Goa, Daman & Diu, authorizing the levy of a stamp duty on tickets of admission to any entertainment and any other law corresponding to this Act shall stand repealed.
(2) The provisions of section 6 of the General Clauses Act, 1897 shall apply to such repeal as if such law is an enactment and this Act is a re-enactment thereof.
### 16. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, as occasion requires, do anything (not inconsistent with this Act) which appears to it to be necessary for removing the difficulty.
'A'
-----
(See section 3)
| | | |
| --- | --- | --- |
|
Sr. No.
|
Class of entertainment
|
Rate of tax
|
|
(1) |
(2) |
(3) |
|
1.
|
Exhibition of cinema films by cinema halls or theatres having
valid licence for exhibition under the Cinematograph Act, 1952
(Central Act 37 of 1952) and under the Goa, Daman and Diu
Cinematograph Rules, 1965:
|
|
|
|
(a) On payment for admission not exceeding Rs. 10/-
|
Nil.
|
|
|
(b) On payment for admission exceeding the Rs. 10/- but not
exceeding Rs. 50/-
|
30% of the amount paid for admission.
|
|
|
(c) On payment for admission exceeding Rs. 50/-
|
40% of the amount paid for admission.
|
|
2.
|
A horse race either live or displayed for viewing through any
electronic media connected with the help of server application
or otherwise to which persons are admitted on payment
|
30% of the amount paid for admission plus 10% of the amount
charged for betting.
|
|
3.
|
Any amusement or exhibition or performance or pageant or game
or sport, whether held indoor or outdoor, to which the persons
are admitted on payment
|
|
|
|
(a) On payment for admission not exceeding Rs. 100/-
|
Nil.
|
|
|
(b) On payment for admission exceeding Rs. 100/- but not
exceeding Rs. 500/-
|
10% of the amount paid for admission.
|
|
|
(c) On payment for admission exceeding Rs. 500/-
|
20% of the amount paid for admission.
|
|
|
(d) For season tickets:
|
|
|
|
(i) On payment for admission not
exceeding Rs. 400/-
|
Nil.
|
|
|
(ii) On payment for admission
exceeding Rs. 400/-
|
15% of the amount paid for admission.
|
|
4.
|
Dance performances, musical performances, theatrical
performances including cultural programmes, dramas, ballet to
which persons are admitted on payment
|
|
|
|
(a) Dance performances, musical performances
|
|
|
|
(i) On payment for admission not
exceeding Rs. 300/-
|
10% of the amount paid for admission.
|
|
|
(ii) On payment for admission
exceeding Rs. 300/-
|
15% of the amount paid for admission.
|
|
|
(b) Theatrical performances including cultural programmes,
dramas and ballets:
|
|
|
|
(i) On payment for admission not
exceeding Rs. 100/-
|
Nil.
|
|
|
(ii) On payment for admission
exceeding Rs. 100/- but not exceeding Rs. 300/-
|
10% of the amount paid for admission.
|
|
|
(iii) On payment for admission
exceeding Rs. 300/-
|
15% of the amount paid for admission.
|
'B'
-----
(See section 3)
| | | |
| --- | --- | --- |
|
Sr. No.
|
Class of entertainment
|
Rate of tax
|
|
(1) |
(2) |
(3) |
|
1.
|
River/boat cruise/boat rides/water sports or Jetskiing
|
15% of the amount charged.
|
|
2.
|
Parasailing and motor cart rides or any other similar
activities of entertainment
|
10% of the amount charged.
|
'C'
-----
(See section 3E)
| | | |
| --- | --- | --- |
|
Sr. No.
|
Class of entertainment
|
Rate of tax
|
|
(1) |
(2) |
(3) |
|
(i) |
Providing entertainment through antennae and cable television
or antennae
|
Rs. 10 per month per connection.
|
|
(ii) |
Providing entertainment through cable television exclusively
|
Rs. 15/- per month per connection
|
|
(iii) |
Headend control room/distributors
|
Rs. 10 per connection.
|
|
(iv) |
Providing entertainment by way of cyber cafe and pool parlour
|
Five paise in a rupee of the amount charged for admission.
|
|
(v) |
Providing entertainment by way of DTH Disc services
|
Rs. 20/- per connection.
|
Note:- In respect of entertainment provided with the aid of antennae or cable television where total number of connections are less than 25 and if the proprietor providing such entertainment is registered under this Act, no entertainment tax will be payable so long as his registration is in force.
'D'
-----
(See section 3)
| | | | |
| --- | --- | --- | --- |
|
Sr. No.
|
Class of entertainment
|
Charges for admission per person
|
Rate of tax
|
|
(1) |
(2) |
(3) |
(4) |
|
|
Providing entertainment through casino, casino games, disco
pubs/clubs/ institutions /organizations/ proprietors:
|
|
|
|
(a) |
By casino and casino games attached to hotels registered
under the Goa Tax on Luxuries Act, 1988 (Act
17 of 1988
)
|
(i) For guest in hotel– Rs.
10/-
(ii) For person not being a hotel guest visiting the place of
casino– Rs. 200/-
|
5% of the sale of chips or the income received by the
proprietor towards casino games on slot machines.
|
|
(b) |
By casino and casino games attached to off shore or floating
vessels
|
For person visiting the off shore or floating vessel casinos–
Rs. 200/-
|
5% of the sale of chips or the income received by the
proprietor towards casino games on slot machines.
|
|
(c) |
By disco pubs/ clubs/ institutions/ organizations/
proprietors/ individuals
|
-
|
10% of the amount paid for admission.
|
Note:- (1) The entry tickets for charges for admission shall be printed by the Office of the Commissioner of Commercial Taxes and casinos operators shall be purchasing the said tickets on making necessary remittances into treasury upon valid authorization by the Office of the Commissioner of Commercial Taxes.
(2) The counterfoils of the tickets sold to be returned by the casinos operators to the Office of the Commissioner of Commercial Taxes for record by 10th of every month.
(3) In respect of casino, any person entering the place of entertainment on payment of entry fee as per the Government Notification in that behalf, the charges for admission as specified in column (3) of this Schedule shall be dispensed and deemed to have been paid for the purpose of levy of entertainment tax under the Act.
(4) The Commissioner shall have powers to inspect the casinos and any person found entered in the casinos without payment of charges for admission as provided in column (3) above, then the proprietor or the person running such casinos shall be penalized in terms of sub-section (4) of section 8A of the Act.
(5) In respect of guest in hotel entering the casinos, by payment for admission charges as specified in column (3) and where the hotelier or the proprietor or person is required to deposit a lump sum amount so calculated for the year on the basis of its total room capacity at Rs. 10 per room per month at the time of registration/renewal of certificate of the hotel, the same will not attract levy of entertainment tax. The hotelier or the proprietor or person is required to make this declaration alongwith his application for registration under the Goa Tax on Luxuries Act, 1988 ( Act
No. 17 of 1988
).
'E'
-----
[See sub-sections (2) and (9) of section 3G and sub-section (1) of section 3H]
Registration/renewal charges under the Goa Entertainment Tax Act, 1964 (Act
2 of 1964
)
| | | |
| --- | --- | --- |
|
Sr. No.
|
Category of proprietor/ persons
|
Amount of registration charges/ renewal charges
|
|
(1) |
(2) |
(3) |
|
(i) |
Multiplexes
|
Rs. 10,000/-
|
|
(ii) |
Cinema halls or theatres other than multiplexes in municipal
areas/ City Corporation of Panaji area
|
Rs. 5,000/-
|
|
(iii) |
Cinema halls or theatre in other areas
|
Rs. 2,500/-
|
|
(iv) |
Horse races whether live or otherwise
|
Rs. 2,500/-
|
|
(v) |
Casinos/casino games on slot machines attached to hotels
|
Rs. 5,000/-
|
|
(vi) |
Casinos/casino games on slot machines on floating off shore
vessels
|
Rs. 10,000/-
|
|
(vii) |
Cable television and/or antennae operators having connections
not exceeding 100
|
Rs. 1,000/-
|
|
(viii) |
Cable television and/or antennae operators having more than
100 connections but not exceeding 500 connections
|
Rs. 2,500/-
|
|
(ix) |
Cable television and/or antennae operators having connections
exceeding 500
|
Rs. 5,000/-
|
|
(x) |
Headend Control Room/Distributors
|
Rs. 5,000/-
|
|
(xi) |
Cyber cafe and pool parlour
|
Rs. 2,000/-
|
|
(xii) |
Boat/river cruises, paras sailing, go carts, water sports,
boat rides, boat sports and Jetskiing
|
Rs. 1,000/-
|
|
(xiii) |
Any proprietor or person who applies for grant of provisional
registration under section 3H of the Act
|
Rs. 2,000/-
|
|
(xiv) |
Any other proprietor or person liable for registration under
the Act and not covered under serial number (i) to (xiii) above
|
Rs. 1,000/-
|
Note: (a) The above registration/renewal fees are payable yearly as per class of entertainment.
(b) The hoteliers registered under the Goa Tax on Luxuries Act, 1988 (Act
17 of 1988
) shall be exempted from payment of registration fees separately under the Goa Entertainment Tax Act, 1964 (Act
2 of 1964
).
(c) Any part of the year to be considered as full year for the purpose of payment of registration/renewal charges.
(d) For change in ownership or succession of business during the year, the registration fees are to be paid afresh.
(e) Fees once paid as per the rates specified in column (3), shall not be refunded under any circumstances.
F.III/2-41/64/26887
Subject:- Entertainment Tax - Exemption to Circus Companies - Ordered.
The question of exempting the Circus Companies from Payment of the Goa, Daman and Diu Entertainment Tax has been under consideration of Government. The Government have now decided to grant general exemption to all Circus Companies from payment of the Goa, Daman and Diu Entertainment Tax Act, under sub-section (3) of section 5 of the Act.
The Government, therefore, order that the following Notification may be published in the Gazette.
Notifications
In exercise of the powers vested under sub-section (3) of section 5 of the Goa, Daman and Diu Entertainment Tax, the Administrator of Goa, Daman and Diu is pleased to exempt all Circus Companies of Indian origin from Payment of Entertainment Tax.
No. 3-4-78/Fin(R&C) - In exercise of the powers conferred by sub-section (3) of section 5 of the Goa, Daman and Diu Entertainment Tax Act, 1964 (Act
No. 2 of 1964
), the Government is pleased to exempt "Magic Shows" held within the Union Territory of Goa, Daman and Diu from the payment of entertainment tax.
No. 3-1-84-Fin(R&C) - In exercise of the powers conferred by the sub-section (3) of section 5 of the Goa, Daman and Diu Entertainment Tax Act, 1964 Government is pleased to exempt from the payment of entertainment tax the presenting of all films produced and acquired by the children's film society/films classified as 'Children's film' by censor board in the Union Territory of Goa, Daman and Diu subject to the following conditions:-
### 1. The rate of admission tickets shall be reduced to the extent of entertainment duty payable of each admission ticket; ###
2. The Public Relations Officer, Children's Film Society of India shall maintain accounts regarding the tickets issued and submit them to the Commissioner of Entertainment Tax, Panaji as and when the same are required by him;
### 3. This order shall be exhibited in a prominent position at the time the public are admitted during the entertainment. The Notification No. Fin(Rev) /2-41/part dated 22-6-1973 is hereby cancelled.
No. 3/1/86-Fin (R&C) - In exercise of the powers conferred by sub-section (3) of section 5 of the Goa, Daman & Diu Entertainment Tax Act, 1964 (Act
No. 2 of 1964
), the Government of Goa is pleased to exempt the following classes of entertainment from the liability to entertainment tax in whole, with effect from the 1st day of April, 1989.
(1) All theatrical performances including drama, ballet, musical performances.
(2) Entertainment provided by dance performance.
(3) Entertainment provided by a game or sport.
|
65ba4460ab84c7eca86eade6 | acts |
State of Kerala - Act
-----------------------
Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965
--------------------------------------------------------------------------
KERALA
India
Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965
==========================================================================
Act 7 of 1965
---------------
* Published on 31 December 1965
* Commenced on 31 December 1965
Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965
(Kerala Act
No. 7 of 1965
)
Last Updated 9th December, 2019
[Dated 31.12.1965]
An act to make better provisions for the entry of all classes and sections of Hindus into places of public worship.
In exercise of the powers conferred by section 3 of the Kerala State Legislature (Delegation of Powers) Act, 1965 (12 of 1965), the President is pleased to enact as follows: -
### 1. Short title, extent and commencement.
(1) This Act may be called the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Hindu" includes a person professing the Buddhist, Sikh or Jaina religion;
(b) "Place of public worship" means a place, by whatever name known or to whomsoever belonging, which is dedicated to, or for the, benefit of, or is used generally by, Hindus or any section or class thereof, for the performance of any religious service or for offering prayers therein, and includes all lands and subsidiary shrines, mutts, devasthanams, namaskara mandapams and nalambalams, appurtenant or attached to any such place, and also any sacred tanks, wells, springs and water courses the waters of which are worshipped, or are used for bathing or for worship, but does not include a "sreekoil";
(c) "section or class" includes any division, sub-division, caste, sub-caste, sect or denomination whatsoever.
### 3. Places of public worship to be open to all sections and classes of Hindus.
- Notwithstanding anything to the contrary contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law or any decree or order of court, every place of public worship which is open to Hindu generally or to any section or class thereof, shall be open to all section and classes of Hindus; and no Hindu of whatsoever section or class shall, in any manner, be prevented, obstructed or discouraged from entering such place of public worship, or from worshipping or offering prayers thereat, or performing any religious service therein, in the like manner and to the like extent as any other Hindu of whatsoever section or class may so enter, worship, pray or perform:
Provided that in the case of a place of public worship which is a temple founded for the benefit of any religious denomination or section thereof, the provisions of this section shall be subject to the right of that religious denomination or section, as the case may be, to manage its own affairs in matters of religion.
[Sabarimala Temple Entry - Indian Young Lawyers’ Association v State of Kerala 2018. The Supreme Court declared unconstitutional the Sabarimala Temple's custom of prohibiting women in their 'menstruating years' from entering. The majority ruled that Sabarimala’s exclusion of women violated the fundamental rights of women between the ages of 10 to 50 years. They further held that the devotees of Lord Ayyappa were not a separate religious denomination. Justices Misra, Khanwilkar and Chandrachud held that the custom was not an essential religious practice. While the Judges in the majority did not explicitly comment on whether the custom was against the right to equality under article 14, they stated that the practice was discriminatory as per Article 15. Justice Chandrachud stated that the right against untouchability is vast, and includes any kind of social exclusion based on notions of ‘purity’. Further, Rule 3(b) of the Kerala Hindu Places of Worship (Authorisation of Entry) Act, 1965 (KHPW Act) which allowed the custom of prohibition of women was held to be unconstitutional. The majority decision of the Court struck down the impugned Rule 3(b) as it prevented women from exercising their right to religious freedom under Article 25(1), and did not warrant any exemption as an essential religious practice of a separate religious denomination. In her dissent, Justice Indu Malhotra observed that in a secular polity, ‘It is not for the courts to determine which of these practises of a faith are to be struck down, except if they are pernicious, oppressive, or a social evil, like Sati.’ (https:
*indiankanoon.org/doc/163639357/, https:*
privacylibrary.ccgnlud.org/case/indian-young-lawyers-association-and-ors-vs-the-state-of-kerala-and-ors)]
### 4. Power to make regulations for the maintenance of order and decorum and the due performance of rites and ceremonies in place of public worship.
(1) The trustee or nay other person in charge of any place of public worship shall have power, subject to the control of the competent authority and any rules which may be made by that authority, to make regulations for the maintenance of order and decorum in the place of public worship and the due observance of the religious rites and ceremonies performed therein:
Provided that no regulation made under this sub-section shall discriminate in any manner whatsoever, against any Hindu on the ground that he belongs to a particular section or class.
(2) The competent authority referred to in sub-section (1) shall be,-
(i) in relation to a place of public worship situated in any area to which Part I of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (Travancore-Cochin Act XV of 1950), extends, the Travancore Devaswom Board;
(ii) in relation to a place of public worship situated in any area to which Part II of the said Act extends, the Cochin Devaswom Board: and
(iii) in relation to a place of public worship situated in any other area in the State of Kerala, the Government.
### 5. Penalty.
- Whoever, in contravention of section 3, -
(a) prevents or attempts to prevent any person belonging to any section or class of Hindu from entering, worshipping or offering prayers, or performing any religious service, in any place of public worship; or
(b) obstructs, or causes or attempts to cause obstruction to, or by threat of obstruction or otherwise discourages, any such person from doing or performing any of the acts aforesaid,
shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five-hundred rupees, or with both:
Provided that in a case where a sentence of fine only is awarded, such fine shall not be less than fifty rupees.
### 6. Abetment of offences.
- Whoever abets any offence under this Act shall be punishable with the punishment provided for the offence.
### 7. Enhanced penalty on subsequent conviction.
- Whoever, having already been convicted of an offence under this Act or of an abetment of such offence, is again convicted of any such offence or abetment shall, on every such subsequent conviction, be punishable with imprisonment for a term which shall not be less than one month but which may extend to one year and with fine which shall not be less than two hundred rupees but which may extend to one thousand rupees.
### 8. Limitation of jurisdiction of civil courts.
- No civil court shall entertain or continue any suit or proceeding, or shall pass any decree or order, or execute wholly or partially any decree or order, if the claim involved in any such suit or proceeding, or if the passing of any such decree or order, or if such execution, would in any way be contrary to the provisions of this Act.
### 9. Offences under the Act to be cognisable and compoundable.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), -
(a) every offence under this Act shall be cognisable; and
(b) every such offence, except where it is committed by a person who has been convicted for the same offence previously, may, with the permission of the court, be compounded.
### 10. Saving.
- Nothing in this Act shall apply to any matter which is an offence under the Untouchability (Offences) Act, 1955 (22 of 1955).
### 11. Repeal.
- The Madras Temple Entry Authorisation Act, 1947 (Madras Act V of 1947), as in force in the Malabar District referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956 (37 of 1956), and such of the provisions of the Travancore-Cochin Temple Entry (Removal of Disabilities) Act, 1950 (Travancore-Cochin Act XXVII of 1950), as have not been repealed by the Untouchability (Officers) Act, 1955 (22 of 1955), are hereby repealed.
|
65b8f959ab84c7eca86e8172 | acts |
State of Karnataka - Act
--------------------------
The Karnataka Ceiling On Government Guarantees Act, 1999
----------------------------------------------------------
KARNATAKA
India
The Karnataka Ceiling On Government Guarantees Act, 1999
==========================================================
Act 11 of 1999
----------------
* Published in Gazette 11 on 1 January 1980
* Assented to on 1 January 1980
* Commenced on 1 January 1980
Karnataka Ceiling on Government Guarantees Act, 1999
(Karnataka Act No. 11 of 1999)
Statement of objects and Reasons - Act 11 of 1999. - To give effect to the proposals made in the Budget Speech and also for implementing the recommendations of the Technical Committee of State Finance Secretaries to fix limit on Government Guarantees, it is considered necessary to bring out legislation to provide for limits on Government Guarantees issued on behalf of the Government Departments, Public Sector undertakings, Local Authorities, Statutory Boards and Corporations and Co-operative Institutions etc., for promoting fiscal discipline in the State.
Hence the Bill. (Obtained from L.A. Bill No.13 of 1999 - File No. Éâª
ÀâX μO E, 13 μOEa}â 99)
Act No. 15 of 2002. - It is considered necessary to amend the Karnataka Ceiling on Government Guarantees Act, 1999 (Karnataka Act 11 of 1999) to provide that no guarantee commission shall be charged in respect of guarantees extended during the period from 1.4.2001 to 31.3.2002 for loans granted by the Karnataka State Co-operative Apex Bank Limited and Karnataka State Co-operative Agriculture and Rural Land Development Bank Limited for the purpose of Agriculture and in turn to require them to reduce one percent interest in their lending rate in respect of the agricultural loans disbursed by them during the said period.
Hence the Bill. (L.A. Bill No. 4 fo 2002)
(First Published in the Karnataka Extraordinary Gazette on the Twenty ninth day of April, 1999)
(Received the assent of the Governor on the Twenty Sixth day of April, 1999)
An Act to provide for ceiling on Government Guarantees and other matters connected therewith.
Whereas it is expedient to provide for ceiling on the Government guarantees issued on behalf of the Government Departments, Public Sector Undertakings, Local Authorities, statutory Boards and Corporations and Co-operative Institutions and for promoting fiscal discipline of the State;
BE it enacted by the Karnataka State Legislature in the fiftieth year of the Republic of India, as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Karnataka Ceiling on Government Guarantees Act, 1999.
(2) It shall come into force on such date as the Government may by notification appoint.
### 2. Definitions.
- In this Act, unless the contest, otherwise, requires,-
(1) "Government" means the State Government;
(2) "Government Guarantee" includes the guarantee given by the State Government on behalf of Departmental Undertakings, Public Sector Undertakings, Local Authorities, Statutory Boards and Corporations and Co-operative Institutions;
(3) "Performance Guarantee" includes the documents such as letters of comfort, power purchase agreement, State support agreement, concession agreement for infrastructure project and other agreements guaranteed in certain performance on behalf of Government, Local Authorities, Statutory Boards and Corporations and Co-operative Institutions as well as Public Sector Undertakings.
### 3. Ceiling on Government guarantees.
- The total outstanding Government guarantees as on the first day of April of any year shall not exceed eighty percent of the State's revenue receipts of the second preceding year as in the books of the Accountant General of Karnataka:
Provided that the ceiling on the Government guarantee shall not apply for any additional borrowing for implementation of the Upper Krishna Project, for the purpose of utilising the water resources as per Bachawath Award.
### 4. Prohibition.
- Notwithstanding anything contained in any other Act,-
(1) no Government guarantee shall be given in respect of a loan of any private individual, institution or company;
(2) no Government guarantee shall be extended to the Co-operation sector unless the share capital contribution from the non-Government sources is not less than the ten percent of the total equity proposed.
### 5. Guarantee Commission.
(1) The Government shall charge a minimum of one percent as guarantee commission which shall not be waived under any circumstance,
[Provided That No Guarantee Commission Shall Be Charged In Respect Of The Government Guarantees Extended During The Period From The First Day Of April, 2001 To The Thirty-First Day Of March, 2002 For The Loans Granted By The Karnataka State Co-operative Apex Bank Limited And The Karnataka State Co-Operative Agriculture And Rural Land Development Bank Limited For The Purpose Of Agriculture:
Provided further that the Karnataka State Co-operative Apex Bank Limited and the Karnataka State Co-operative Agriculture and Rural Development Bank Limited shall reduce one percent interest in their lending rates for all agricultural loans which have been disbursed by them during the period from the first day of April, 2001 to the thirty- first day of March, 2002]
[Inserted by Act 15 of 2002 w.e.f. 1.4.2001]
(2) Depending on the default risk of the project the Government may, by notification, specify commission at an enchanced rate.
Explanation. - For the purpose of this section 'default risk' means the probability of default by the borrower on whose behalf the Government Guarantee is given, depending on the amount borrowed, the type of industry and the economic situations.
### 6. Performance Guarantee.
(1) In the interest of development of infrastructure project the Government may continue to give performance guarantee to all such sectors.
(2) The Government shall place before both the Houses of the State Legislature a comprehensive report on the liabilities ( in rupees) that the State may incur in future, if the State fails to meet the contractual obligation stated in the performance guarantee.
(3) The report referred to in sub-section (2) shall be placed within six months of the date of giving performance guarantee.
|
65ba8c64ab84c7eca86ec040 | acts |
Union of India - Act
----------------------
The Military Prisons Rules, 1962
----------------------------------
UNION OF INDIA
India
The Military Prisons Rules, 1962
==================================
Rule THE-MILITARY-PRISONS-RULES-1962 of 1962
----------------------------------------------
* Published on 25 October 1962
* Commenced on 25 October 1962
The Military Prisons Rules, 1962
Published vide S.R.O. 283, dated 25.10.1962, published in the Gazette of India, Ext., Pt. II, Section 4 dated 25.10.1962, p. 167.
### 282. In exercise of the powers conferred by section 177 of the Army Act, 1950 (
46 of 1950
), and in supersession of the notification of the Government of India in the late War Department No. 859, dated the 9th June, 1945, in so far as it relates to the category of persons mentioned in section 2 of the said Act, the Central Government hereby makes the following rules providing for the Government, management and regulation of military prisons, namely:-
### 1. Short title .-These rules may be called the Military Prisons Rules, 1962.
### 2. Definitions .-In these rules, unless the context otherwise requires,--
(a) "Commandant" means the officer commanding the military prison and includes the officer officiating as such ;
(b) "military prison" means any military prison established by the Central Government at any place in India in exercise of the powers conferred on it by the Army Act, 1950 (
46 of 1950
) ;
(c) "soldier" means a person who is subject to the provisions of the Army Act, 1950.
### 3. These rules shall also be applicable to Air Force prisoners when sent to a military prison.
Portion under construction to be added in Next Upgrade...
|
65ba8b8cab84c7eca86ebffc | acts |
Union of India - Act
----------------------
Extradition Treaty between the Republic of India and Mongolia
---------------------------------------------------------------
UNION OF INDIA
India
Extradition Treaty between the Republic of India and Mongolia
===============================================================
Rule EXTRADITION-TREATY-BETWEEN-THE-REPUBLIC-OF-INDIA-AND-MONGOLIA of 2004
----------------------------------------------------------------------------
* Published on 7 July 2004
* Commenced on 7 July 2004
Extradition Treaty between the Republic of India and Mongolia
Published vide Notification No. G.S.R. 524(E) , dated 7th July, 2004
Ministry of External Affairs
Order
G.S.R. 524(E) . - Whereas the Extradition Treaty between the Government of the Republic of India and Mongolia was signed at New Delhi, India on 3rd January, 2001; and the instruments of ratification exchanged at New Delhi on 15th January, 2004 and which treaty provides as follows:
The Republic of India and Mongolia, hereinafter referred to as the "Contracting Parties",
Desiring to make more effective the cooperation of the two Parties in the suppression of crime by making further provision for the reciprocal extradition of offenders:
Recognising that concrete steps are necessary to combat terrorism;
Have agreed as follows:
Article 1
Obligation to extradite
### 1. Each Contracting Party undertakes to extradite to the other Contracting Party, in the circumstances and subject to the conditions specified in this Treaty, any person, being accused or convicted of an extradition offence as described in Article 2 of this Treaty, committed within the territory of the Requesting Party, is found within the territory of the Requested Party, whether such offence was committed before or after the entry into force of this Treaty.
### 2. Extradition shall also be available in respect of an extradition offence as described in Article 2 of this Treaty committed outside the territory of the Requesting Party but in respect of which it has jurisdiction, if the Requested Party would, in corresponding circumstances, have jurisdiction over such an offence. In such circumstances the Requested Party shall have regard to all the circumstances of the case including the seriousness of the offence.
### 3. Extradition shall also be available for an extradition offence as described in Article 2 of this Treaty, if it is committed in a third State by a citizen of the Requesting Party and it bases its jurisdiction on the citizenship of the offender, subject to the provisions under Article 15 of this Treaty.
Article 2
Extradition offences
### 1. An extradition offence for the purposes of this Treaty is constituted by conduct which under the laws of each Contracting Party is punishable by a term of imprisonment for a period of at least one year. ###
2. An offence may be an extradition offence notwithstanding that it relates to taxation or revenue or is one of a purely fiscal character.
Article 3
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 4
Offences of conspiracy, incitement and attempt, and extra-territorial jurisdictions.
### 1. It shall be an offence under the laws of both the Contracting Parties for any person to abet, conspire or attempt to commit, or incite or participate as an accomplice in the commission of, any extradition offence. ###
2. It shall also be an offence under the laws of both the Contracting Parties, for any citizen of a Contracting Party to commit any offence in any place beyond its territory.
Article 5
Grounds for refusal of extradition
### 1. A person may not be extradited if: 1.1
he is a citizen of the Requested Party; or
1.2
he satisfies the Requested Party that it would, having regard to all the circumstances, be unjust or oppressive to extradite him by reason of:
1.2.1
the expiry of the limitation-period for initiating the criminal proceedings under the legislation of the Requested Party or for execution of a sentence, or on other legal grounds;
1.2.2
the accusation against him having not been made in the interests of the justice; or
1.3
the extradition is not permitted according to the laws of the Requested Party;
1.4
the offence of which he is accused or convicted is a military offence which is not also an offence under the general criminal law.
### 2. A person shall also not be extradited if in respect of the offence for which his extradition is requested, he has been previously proceeded against in the Requested Party, and convicted or acquitted. ###
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 that Party.
Article 6
Procedure
The procedure with regard to Extradition and provisional arrest shall be governed by the laws of the Requested State.
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 5 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 1.1 of Article 5 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 & temporary extradition
### 1. If the person to be extradited is being prosecuted or serving sentence for another crime in the territory of the Requested Party, the extradition maybe postponed till the end of the proceedings of the case, end of sentence or release, which shall be advised to the Requesting Party. ###
2. If the postponement of extradition can cause the expiration of the limitation or impede the investigation, the person can be extradited temporarily under a special 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 procedure
### 1. The request for extradition shall be made through diplomatic channels. ###
2. The request shall be accompanied by:
2.1
the name and surname (petronym) of the person whose extradition is requested, information on his citizenship, place of residence or whereabouts and other pertaining data, as well as, if possible, the description of the person's appearance, his photographs and fingerprints;
2.2
a statement of the facts of the offence for which extradition is requested; and
2.3
the text of the corresponding law;
2.3.1
defining that offence; and
2.3.2
prescribing the punishment for that offence.
### 3. The request for extradition for the prosecution, besides the information specified above, must be accompanied by the warrant of arrest issued by a competent court or authority of the Requesting Party. ###
4.
If the request relates to a person already convicted and sentenced, it shall also be accompanied by a certified copy of the judgement and a statement that the person is no longer entitled to question the conviction or sentence and showing how much of sentence has not been carried out;
### 5. If the Requested Party considers that the evidence produced or information supplied for the purposes of this Treaty is not sufficient in order to enable a decision to be taken as to the request, additional evidence or information shall be submitted within a reasonable time.
Article 11
Provisional arrest
### 1. In urgent cases a person may be provisionally arrested by the Requested Party, in accordance with its law, on the request of the competent authorities of the Requesting Party, made either through Diplomatic Channels or the National Central Bureau of International Criminal Police Organization - Interpol, before the receiving of the request for extradition. The request shall contain an indication of intention to request the extradition of that person and a statement of existence of a warrant of arrest or a conviction against him; and, if available, the data specified in paragraphs 2.1 and 2.3 of Article 10 of this Treaty and such further information, if any, as would be necessary to justify the issue of a warrant or arrest bad the offence been committed, or the person been convicted, in the territory of the Requested Party. ###
2. A person arrested upon such a request shall be set at liberty upon the expiration of 60 days from the date of his arrest if a 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 for extradition 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 facts 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;
2.1
the extradited person has not left, though had the opportunity, the territory of the Requesting Party within 30 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 reasons beyond his control;
2.2
if the extradited person, 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 person to the Requesting Party or matters arising in relation to such offences. Article 13
Recognition of documents and evidence
### 1. Documents issued or certified and statements recorded by competent Courts or other authorities in the prescribed form in the territory of one Contracting Party as per its laws shall not require any form of authentication in the territory of the other Contracting Party. ###
2. Documents considered as public in the territory of one of the Contracting Parties shall have the evidential force of public documents also in the territory of the other Contracting Party.
Article 14
Competing requests
If extradition of the same person Whether for the same offence or for different offence is requested by a Contracting Party and a third State with which the Requested Party has an extradition arrangement, the Requested Party shall determine the State to which 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 for the same offence, extradition may be refused, unless the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be carried out.
Article 16
Transfer
### 1. The modalities of transfer of the person to be extradited shall be agreed upon by the competent authorities of both the Contracting Parties as mutually convenient. ###
2. The Requesting Party shall take the person sought from the territory of the Requested Party within one month of the consent of Requested Party to extradite or such longer period as may be permitted under the law of the Requested Party. If the person is not removed within that period, the Requested Party may refuse to extradite him for the same offence.
### 3. The General Prosecutor's Office of Mongolia and the Ministry of External Affairs of India shall communicate through diplomatic channels with one another on the request of extradition and transit for offences. Article 17
Transfer of articles connected with crime
### 1. The Requested Party, shall within the limits of its legislation, transfer by the request of the Requesting Party the articles used for committing crime by the person being extradited, articles bearing crime traces or crime proceeds. ###
2. The above article shall be transferred also in cases when the extradition cannot be effected if the person died, fled or due to other reasons.
### 3. The Requested Party may temporarily postpone the transfer of the article referred to in paragraph I of this Article if they are required for proceedings instituted in connection with another criminal case till the end of such proceedings. ###
4. The rights of third persons to the articles transferred to the Requesting Party shall remain in force. Upon termination of the proceedings the Requesting Party shall return these articles to their owners in its territory. If the owners are in the territory of the Requested Party the articles are to be returned to it for the transfer to them. If the owners are in the territory of a third country the article shall be returned to them by the Requesting Party without charges.
### 5. The transfer of the articles and of money shall be effected within the limits provided for by the legislation of the Requested Party. Article 18
Mutual assistance in extradition
Each Contracting Party shall, to the extent permitted by its law, afford the other the widest possible measure of mutual assistance in criminal matters in connection with the offence for which extradition has been requested.
Article 19
Expenses on extradition
All expenses related to the extradition shall be borne by the Contracting Party in whose territory the same occurred. The expenses by transit transportation of the extradited person by one of the Contracting Parties third State through the territory of the other Contracting Party shall be borne by the Contracting Party effecting the transit.
Article 20
Languages
While complying with the present Treaty, the Contracting Parties shall use their national language attaching the translation in the national language of the other Contracting Party or in the English language.
Article 21
International Conventions Treaties
The present Treaty shall not affect the rights and obligations of the Contracting Parties arising from other International Conventions/Treaties to which the Contracting Parties are signatories.
Article 22
Ratification and termination
### 1. This Treaty shall be subject to ratification and it shall enter into force on the 30th day after the exchange of the instruments of ratification. ###
2. This Treaty shall remain in force until either of the Contracting Parties terminates it by sending a note to that effect to the other Contracting Party and if such notice is given the Treaty shall cease to have effect six months after the receipt of the notice.
In witness whereof the undersigned being duly authorized thereto by their respective Authorities, have signed this Treaty.
Done in duplicate at New Delhi this 3rd day of January 2001 in Hindi, Mongolian and English languages, each version being equally authentic. In case of any interpretational difference, the English text shall prevail.
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 12 of the Extradition Act, 1962 (
34 of 1962
), the Central Government hereby directs that the provisions of the said Act, other than Chapter II, shall apply to Mongolia with effect from the date of the publication of this notification.
|
65baaf9fab84c7eca86ec56c | acts |
State of Gujarat - Act
------------------------
Minimum Wages (Gujarat Amendment) Act, 1961
---------------------------------------------
GUJARAT
India
Minimum Wages (Gujarat Amendment) Act, 1961
=============================================
Act 22 of 1961
----------------
* Published in Gujarat act 022 of 1961 on 11 May 1961
* Not commenced
An Act further to amend the Minimum Wages Act, 1948, to its application to the State of Gujarat
It is hereby enacted in the Twelfth Year of the Republic of India as follows:-
### 1. Short title.-This Act may be called the Minimum Wages (Gujarat Amendment) Act, 1961.
### 2. Amendment of Section 3 of Act XI of 1948.-In Section 3 of the Minimum Wages Act, 1948 hereinafter referred to as "the Principal Act"-
(1) in clause (a) of sub-section (1)-
(a) in sub-clause (i), the following provisos shall be added at the end, namely:-
"Provided that where the appropriate Government is the State Government this sub-clause shall have effect as if the words, figures and the letters "before 31st day of December, 1959" had been deleted:
Provided further that the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix such rates for a part of the State, and in the case of an employment under any local authority the State Government may fix such rates for any specified local authority, or class of local authorities;";
(b) in sub-clause (ii),
(i) after the figure "1959" the following proviso shall be inserted, namely:
"Provided that where the appropriate Government is the State Government, this sub-clause shall have effect as if the words, figures and letters "before the 31st day of December, 1959" had been deleted; and
(ii) for the words "provided that" the words "Provided further that" shall be substituted;
(c) in sub-clause (iii) the following provisos shall be added at the end, namely:
"Provided that, the State Government may, instead of fixing minimum rates of wages under this sub-clause for the whole State, fix such rates for a part of the State:
Provided further that, where the State Government has for any reason not fixed the minimum rates of wages in respect of any such employment before the expiry of one year from the date of such notification, nothing contained in this sub-clause shall, after the commencement of the Minimum Wages (Gujarat Amendment) Act, 1961, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."
(2) to sub-section (1-A), the following proviso shall be added, namely:
"Provided that, where the State Government has for any reason not fixed the minimum rates of wages in respect of any scheduled employment within one year from the date on which it came to a finding as aforesaid in respect of such employment, nothing contained in this sub-section shall, after the commencement of the Minimum Wages (Gujarat Amendment) Act, 1961, prevent the State Government from fixing the minimum rates of wages in respect of such employment even after the expiry of the said period of one year."
### 3. Insertion of Section 21-A in Act XI of 1948.-After Section 21 of the Principal Act, the following section shall be inserted, namely:
"21-A. Liability for payment of court-fee.-(1) In any proceedings under Section 20 the applicant shall not be liable to pay any court-fees (other than fees payable for service of process) in respect of such proceedings:
Provided that, when the application is presented by an Inspector, he shall not be liable to pay the process fees also.
(2) Where the applicant succeed in such proceedings, the authority hearing the application shall calculate the amount of court-fees which would have been payable by the applicant but for sub-section (i) and direct the employer or other person responsible for the payment of wages under Section 12 to pay the amount to the State Government. The amount shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue."
### 4. Amendment of Section 22-B of Act XI of 1948.-In Section 22-B of the Principal Act, in sub-section (2) for clause (b) the following shall be substituted, namely-
"(b) under Section 22-A, unless the complaint thereof is made within six months of the date on which the offence becomes known to the Inspector;".
### 5. Amendment of Schedule to Act XI of 1948.-(1) In the Schedule to the Principal Act, in Part I, the following entries shall be deleted, namely-
(a) the entries-
(i) "Employment in salt-pan industry.";
(ii) "Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948.";
(iii) "Employment in any industry in which any process of printing by letter-press, lithography, photogravure or other similar work or work incidental to such process or book-binding is carried on."; and
(iv) "Employment in any cotton ginning or cotton pressing manufactory.";
as added to the said Schedule in its application to the Bombay area of the State of Gujarat;
(b) the entries-
(i) "Employment in salt-pan industry,"; and
(ii) "Employment in the cotton ginning and cotton pressing factories.";
as added to the said Schedule in its application to the Saurashtra area of the State of Gujarat; and
(c) the entry-
"Employment in any shop or commercial establishment, other than covered under any of the other entries in this Schedule.
Explanation.-For the purposes of this entry, the expressions ‘shop’ and ‘commercial establishment’ shall have the same meanings as assigned to them in the Bombay Shops and Establishments Act, 1948.";
as added to the said Schedule in its application to the State of Bombay.
(2) In Part I of the Schedule to the Principal Act, after Entry 12, the following entries shall be added to the said Part in its application to the State of Gujarat, namely:-
"13. Employment in any residential hotel, restaurant or eating house as defined in the Bombay Shops and Establishments Act, 1948.
### 14. Employment in any industry in which any process of printing by letter-press, lithography, photo gravure or other similar work or work incidental to such process or book-binding is carried on.
### 15. Employment in any cotton ginning or cotton pressing manufactory.
### 16. Employment in any shop or commercial establishment, other than that covered under any of the other entries in this Schedule.
Explanation.-For the purposes of this entry, the expressions ‘shop’ and ‘commercial establishment’ shall have the meanings respectively assigned to them in the Bombay Shops and Establishments Act, 1948."
(3) The deletion under sub-section (1) of any entry specified in that sub-section shall not affect any minimum rates of wages in force under the Principal Act, immediately before the commencement of this Act in any area in respect of any employment specified in such entry, and such rates shall, subject to the provisions of clause (b) of sub-section (1) of Section 3 of the Principal Act, continue in force in such area as if they had been fixed or revised in respect of the corresponding employment specified in the Schedule to the Principal Act as amended by this section.
|
65b9fd03ab84c7eca86ea64c | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules 2012
----------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules 2012
==================================================================================
Rule ANDHRA-PRADESH-GRAM-PANCHAYAT-ERECTION-OF-TELECOMMUNICATION-TOWERS-RULES-2012 of 2012
--------------------------------------------------------------------------------------------
* Published on 9 October 2012
* Commenced on 9 October 2012
Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules 2012
Published vide Notification No. G.O. Ms. No. 334, Panchayat Raj and Rural Devloplepment (Parts IV), dated 09.10.2012
Last Updated 4th September, 2019
No. G.O. Ms. No. 334. - In exercise of the powers conferred under sub-section (1) of section 268 read with Section 119 of the Andhra Pradesh Panchayat Raj Act 1994 (Andhra Pradesh Act No.13 of 1994), the Government of the Andhra Pradesh hereby makes the following rules.
### 1. Short title.
(1) These rules may be called the Andhra Pradesh Gram Panchayat (Erection of Telecommunication Towers) Rules 2012.
(2) These rules shall come into force with immediate effect. However, the Ground based telecom structure already erected in the Gram Panchayats which are not covered under these rules are leviable for payment of Rs.10,000/- as one time fee to regularize them as per these rules.
### 2. Mandatory to obtain preliminary approval / permission etc.
- The applicants (service providers) shall obtain necessary preliminary approval from the Executive Authority of Gram Panchayat concerned before erecting telecommunication towers and related structures and the structural stability certificate from the respective technical authority before granting final permission and license for usage who intent to erect the telecommunication towers in the respective Gram Panchayats subject to fulfilling the other conditions on the following;
(i) The applicant shall obtain approval of Air Traffic Controller, Airport Authority of India for exempting of roof top antenna from height restriction, in case such exemption is required.
(ii) The Applicant shall take special precaution for fire safety and lightening etc.,
(iii) The Applicant shall furnish a legally valid undertaking that they are solely responsible for any damage to the building and for public safety.
(iv) The Applicant shall furnish NOC from the surrounding building owners, and from the concerned building owners in case rooftop installations.
### 3. Norms for issuing license.
(a) The Inter- Ministerial Committee on EMF radiation in its report has recommended that mobile towers should not be installed near high density residential areas, schools, play grounds and hospitals. Accordingly, the Executive Authority of Gram Panchayat shall impose restrictions on installation of mobile towers near high density residential areas, schools, playgrounds and hospitals as far as possible.
(b) Every application filed by any Telecom company shall be scrutinised by the Executive Authority of Gram Panchayat in two (2) stages. In the first stage the Executive Authority of Gram Panchayat shall issue a preliminary license called Temporary permit to those telecom companies whose applications fulfilled the locational (site) norms. No public road shall be used for erection of telecom structures. However, other public sites (other than public roads) including the Gram Panchayat properties shall not be used for erection of Telecom structures without taking the site by the company on lease. The terms and conditions of lease shall be as per G.O.Ms.No.215 PR&RD (Pts-III)Dept., dated 25.06.2001.
(c) In every case, where the locational norms as prescribed in these rules and the Act are met by the Telecom Company, the Executive Authority shall issue a temporary permit to erect the towers and related structures.
(d) The Gram Panchayat may collect a fee of Rs.1000/- along with the application and grant a temporary permit to erect the towers and related structures to all eligible applicants who fulfilled the site norms prescribed above.
(e) In the second stage, on completion of the erection/installation work, the applicant should obtain and furnish a structural stability certificate to the Gram Panchayat, issued by a qualified Structural Engineer having license with the sanctioning authority of the respective Gram Panchayat and obtain a license to operationalize the structures. Gram Panchayat may levy installation and license renewal fee as per the following:-
| | | |
| --- | --- | --- |
|
Sl.No
|
Category
|
Fee to be levied by Gram Panchayats
|
|
1
2
|
Cell tower
installation fee (One time)
(a) Ground based
towers
(b) Roof top towers
License renewal fee (Annual) for Land based /
Roof top towers
|
Rs.15,000/-
Rs.12,000/-
Rs.1,000/-
|
(f) Apart from the installation and license fee levied by the Gram Panchayat the applicant will pay lease rent to the owner of land/building on which the structure will be put at a negotiated rate.
(g) Every application for renewal of license must be supported by an updated structural stability certificate issued by a qualified Structural Engineer having license with the sanctioning authority of the respective Gram Panchayat.
(h) In case the Executive Authority of Gram Panchayat fails to convey its decision with in 30 days or rejected the application on certain grounds, the aggrieved party (Telecom Company) may prefer the first appeal before Gram Panchayat Committee, who decide the appeal based on the locational norms prescribed in these rules with in 30 days of filing appeal. Further appeal on the decision of Gram Panchayat Committee shall lie to the Commissioner or his/her nominee within 30 days on which the authority shall pass orders within 30 days of receipt of such appeal. Final appeal on the orders of Commissioner or his/her nominee shall lie before the Government in the form of a Revision Petition under Section 264 of the Andhra Pradesh Panchayat Raj Act 1994.
### 4. Insurance / Compensation.
- The applicant company should submit an undertaking to the Gram Panchayat to Provide safety and security nets by paying either Insurance premium or compensation at the rates prescribed by Government from time to time to deal with the damages caused to human and animal life cases of causalities, injuries, etc.,) and damages to properties etc.,
### [5. Regulation of any matter.
- The Government shall be the final authority in regard to regulation of any matter arising out of these rules.
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65b9f1bfab84c7eca86ea4a2 | acts |
State of West Bengal - Act
----------------------------
Sanskrit College and University, West Bengal Act, 2015
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WEST BENGAL
India
Sanskrit College and University, West Bengal Act, 2015
========================================================
Act 33 of 2015
----------------
* Published on 19 February 2016
* Commenced on 19 February 2016
Sanskrit College and University, West Bengal Act, 2015
(West Bengal Act
33 of 2015
)
Last Updated 16th December, 2019
[Assent of the Governor was first published in the Kolkata Gazette, Extraordinary, of the 19th February, 2016.]
An Act to provide for constitution and incorporation of the Sanskrit College and University in the State of West Bengal and for certain matters incidental thereto and connected therewith.
Whereas it is expedient to confer on the Sanskrit College, a Government College with rich heritage, the status of a University and to constitute and incorporate the said University on the land and properties of the Sanskrit College, with a view to establishing a University devoted to the teaching, training and research in various branches of learning and courses of study of Sanskrit, Indology, Indian Philosophy, Indian Languages and Literature, Humanities and Cognitive Science, and for promoting advancement and dissemination of knowledge and learning in these fields.
It is hereby enacted in the Sixty-sixth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
Chapter I
Preliminary
--------------------------
### 1. short title and commencement.
(1) This Act may be called the Sanskrit College and University, West Bengal Act, 2015.
(2) This Section and Section 57 shall come into force at once; and the remaining provisions of this Act 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 provisions of this Act.
### 2. definitions.
- In this Act, unless the context otherwise requires,-
(1) "appointed day" means the date referred to in sub-section (5) of section 57;
(2) "Bangiya Sanskrit Siksha Parishad" means the Bangiya Sanskrit Siksha Parishad constituted and established by the State Government vide Resolution No. 1962-Edn dated 04.05.1949;
(3) "college" means the Sanskrit College, Kolkata;
(4) "convocation" means a meeting of the Governing Board for the purpose of conferring degrees, titles, diplomas, certificates or other academic distinctions;
(5) "distance Education" means instruction imparted through correspondence or distance mode as recognized by the appropriate authority;
(6) "employee" in relation to the University means a person employed in the University;
(7) "financial year" means the year ending on the 31st day of March;
(8) "Governor" means the Governor of the State of West Bengal;
(9) "Librarian" means a Librarian or any other person holding a post of Librarian, by whatever name called appointed or recognized as such by the University;
(10) "Minister" means the Minister-in-charge of the Higher Education Department appointed as such by the Governor;
(11) "non-teaching staff" means the non-teaching staff appointed or recognized as such by the University not holding any teaching post or a person not holding the post of an officer or a person not holding the post of Librarian, by whatever name called;
(12) "officer" means an officer of the University;
(13) "prescribed" means prescribed by rules made under this Act;
(14) "registered graduate" means a graduate registered under this Act on making an application in the prescribed form and on payment of such fees as may be determined by the University from time to time;
(15) "State Government" means Government of West Bengal in the Higher Education Department;
(16) "Statutes", "Ordinances" and "Regulations" mean, respectively, the Statutes, Ordinances , Regulations of the University made under this Act;
(17) "Student" means a student of the University and includes any person enrolled by the University for pursuing any Undergraduate or Post-graduate course of study or in research works of the University;
(18) "Students' Council" means the Students' Council of the University constituted in the manner provided by the Regulations;
(19) "Teacher of the University" means a Professor, Associate Professor, Assistant Professor, or any other person, holding a whole-time permanent, substantive teaching post, appointed or recognized as such by the University for the purpose of imparting instruction and conduction of research in the University;
(20) "University" means the Sanskrit College and University, West Bengal constituted under this Act;
(21) "University College" means a college, or an institute, or a college combined with an institute, maintained and managed by the University, whether established by it or not;
(22) "University Laboratory", "University Library", "University Museum", or "University Institution" mean a laboratory, a library, a museum or an institution, as the case may be, maintained and managed by the University, whether established by it or not;
(23) "University Professor", "University Associate Professor" or "University Assistant Professor" mean a Professor including Distinguished Professor, Chair Professor, Adjunct Professor, Associate Professor and Assistant Professor respectively, appointed or recognized as such by the University.
Chapter II
The University and its Officers
-----------------------------------------------
### 3. The University Objects of the University.
(1) The first Chancellor and the first Vice-Chancellor of the University and the first members of the Governing Board, and all persons who may hereafter become the Chancellor or the Vice-Chancellor of the University or the members of the Governing Board, so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the Sanskrit College and University, West Bengal.
(2) The University shall be a body corporate and shall have perpetual succession and common seal and shall have power to sue and be sued by the name of the Sanskrit College and University, West Bengal.
(3) The head quarter of the University shall be located at Kolkata.
(4) The territorial jurisdiction of the University shall extend to the whole of the state of West Bengal.
(5) The Bangiya Sanskrit Siksha Parishad shall be included with the University along with all its privileges and liabilities.
(6) The University will be a non-affiliating unitary University.
### 4. Objects of the University.
- The following shall be the objects of the University, namely:-
(1) to promote, propagate and cause further development of Sanskrit language as a while, along with development of Indological Studies;
(2) to act as an optimum blend of the traditional system of learning and modern research methodology from occidental point of view;
(3) prescribe and promote the syllabi of Sanskrit studies in primary, secondary and higher secondary education system in West Bengal and to act as a nodal centre to review The progress of Sanskrit study in such institutions;
(4) lo impart higher education in various branches of Sanskrit learning as well as in Indology, Indian Philosophy and Indian Languages along with other courses of study in the field, of \_Humanities and Cognitive Science;
(5) to establish, manage and maintain the Traditional Oriental Learning system for advancement and learning of Sanskrit language;
(6) to provide facilities for the advanced studies in various Indian languages laying emphasis on their longstanding association and relationship with Sanskrit and their inter-relationship with each other;
(7) to promote research in Sanskrit, Indology, Indian Philosophy and Indian Languages and in such other branches of study;
(8) to undertake preservation and interpretation of Sastras and other valuable historical texts;
(9) to provide training in modern as well as Sastric lore for teachers and to conduct research in pedagogical aspects of Sanskrit education;
(10) to provide facilities for study of such languages and literature of Asia as have a bearing on Sanskrit studies such as Pali, Tibetan, Japanese etc.;
(11) to take measures for preservation of India's cultural heritage as enshrined in Sanskrit language and in our ancient art and literature;
(12) to publish books in Sanskrit, as well as books written in other languages linked to Sanskrit classics and relating to Sanskrit language and literature in general;
(13) to take measures to collect, preserve and publish ancient manuscripts;
(14) to provide facilities for the study and research in the cultural diversities of India and Bengal;
(15) to establish for the use of Sanskrit Scholars and the students a comprehensive data base of published works and ongoing research works in and on Sanskrit language and literature, Indology and Indian Philosophy from all over the world.
### 5. Powers of the University.
- The University shall have the following powers, namely:-
(1) to provide for instruction, teaching, training and research in, and promote extension of higher education with special emphasis on providing high quality education in Sanskrit, Indology, Indian Philosophy, Humanities, Indian Language and Cognitive Science at the Undergraduate, Post-graduate and higher levels;
(2) to establish, maintain and manage Sanskrit Traditional Oriental Learning System, libraries, laboratories, workshops, museums, schools, centres and such other institutions for study and research as it may deem necessary;
(3) to provide for study and research in specialized and emerging areas in such schools and centres and to take all necessary steps in this regard;
(4) to establish, maintain linkage and enter into collaborative agreement with other Universities, research institutions, societies and organizations within as well as outside India in matters that relate to the furtherance of the objectives of the University;
(5) to take measures for maintenance of standards and enhancement of quality in higher education in the fields relevant to the University,
(6) to confer degrees, titles, diplomas, certificates and other academic distinctions;
(7) to hold examinations and to confer degrees, titles, diplomas, certificates and other academic distinctions on persons who shall have pursued an approved course of study in the University, unless exempted there from in the manner provided and shall have passed the prescribed examinations of the University, or shall have carried on research under conditions provided;
(8) to withdraw or to cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be provided by Statutes and after giving the person affected a reasonable opportunity to present his case;
(9) to confer honorary degrees or other academic distinctions under conditions provided;
(10) to institute Professorships including Distinguished Professorship, Chair Professorship, Adjunct Professorship, Associate Professorship, Assistant Professorship and other teaching posts required by the University with prior approval of the State Government and to appoint persons to such posts or to recognize persons as Professors, Associate Professors, Assistant Professors of the University, or as holders of other teaching posts of the University for the purpose of imparting instruction and for conducting research in the University;
(11) to create posts, as and when required, of officers and employees of the University besides those provided for in this Act subject to the concurrence and prior approval by the State Government;
(12) to provide, subject to the provisions of this Act, the constitution, powers and duties of the Boards of Studies, the Finance Committee, and other bodies as may be constituted;
(13) to provide, subject to the provisions of this Act, the terms and conditions of service, duties and responsibilities including the rules of conduct and discipline and the emoluments for all categories of posts of the University;
(14) to make provisions for Provident and other funds for all categories of the employees of the University;
(15) to provide fees and other charges for admission, registration and examinations and such other purposes, and to demand and receive the fees or other charges so provided;
(16) to enter into an agreement with the Government or with any person, body or authority for taking over by the University of the management of any college or institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act, and with prior approval of the State Government;
(17) to acquire, hold and dispose of property, movable and immovable and to make grants and advances for furthering any of its objectives;
(18) to accept and administer gifts, endowments and benefactions, for the furtherance of any of its objectives for the University or for or on behalf of any school or centre established by or recognized by the University, and to institute awards, fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(19) to accept grants and to raise loans or to accept loans from the Central or any State Government or the University Grants Commission, and with the prior approval of the State Government also from the other sources;
(20) to co-operate and collaborate with other Universities, institutions and educational authorities in matters that relate to and furtherance of the academic objectives of the University;
(21) generally to do all such acts and things as may be necessary or desirable for, or incidental to, the advancement of the objects or purposes of the University;
(22) to introduce interdisciplinary and multidisciplinary integrated courses in selected subjects;
(23) to initiate collaborative teaching and research programme with other Universities, institutions and to provide modalities for Credit Transfer and Award of Joint Degrees if deemed necessary;
(24) to take care of the learning of the Sanskrit language from the Secondary and Higher Secondary School level to the highest level of Sanskrit studies.
(25) to do such other act and perform such other functions consonant with the objectives of the University,
### 6. Delegation of Powers.
- The University may delegate such of its powers as it may deem expedient to any of its authorities referred to in section 19 or to any of its officers, and may, at any time, withdraw at its discretion any power so delegated.
### 7. The Chancellor.
(1) The Governor shall, by virtue of his office, be the Chancellor of the University. He shall be the head of the University and the President of the Governing Board and shall, when present, preside over the meetings of the Governing Board.
(2) The Chancellor shall exercise such powers as may be conferred on him by or under the provisions of this Act and shall exercise such other powers as may be prescribed.
(3) Where power is conferred upon the Chancellor to make nominations to any authority or body of the University, the Chancellor shall, to the extent necessary, nominate persons to represent interests not otherwise adequately represented:
Provided that where power is conferred upon the Chancellor to nominate certain number of persons to any authority or body of the University, the Chancellor may, at his discretion, nominate less number of persons than that is provided in the Act.
(4) Every proposal to confer any honorary degree shall be subject to confirmation by the Chancellor.
(5) The Chancellor can issue any direction upon the University not inconsistent with the provisions of this Act, to which the University shall comply.
### 8. Officers of the University..
- The following shall be the officers of the University:-
(a) the Vice-Chancellor,
(b) the Registrar,
(c) the Law Officer,
(d) the Finance Officer,
(e) Controller of Examinations, and
(f) Persons holding such other posts as may be declared by Statutes to be the posts of officers of the University.
### 9. The Vice- Chancellor.
(1) (a)
The Vice-Chancellor shall be a distinguished academic with proven competence and integrity, and having a minimum of ten years of experience in a University system of which at least five years shall be as professor or ten years of experience in a reputed research or academic administrative organization of which at least five years shall be in an equivalent position of professor.
(b) The Vice-Chancellor shall be appointed by the Chancellor out of the panel of three names recommended in order of preference by the Search Committee constituted by the State Government. While preparing the panel, the Search Committee must give proper weightage to academic excellence, exposure to the higher education system in the country and abroad and adequate experience in academic and administrative governance and reflect the same in writing while submitting the panel to the Chancellor.
(c) The Search committee shall be constituted in the following manner:-
(i) an academician, not below the rank of the Vice-chancellor of a Central or State-aided University or the Director of a National institute of higher learning, to be nominated by the Chancellor in consultation with the Minister, who shall be the Chairperson of the Committee;
(ii) an academician, not below the rank of a Professor of a Central or State aided University or National institute of higher learning, to be nominated by the State Government;
(iii) an academician not below the rank of a Professor of a Central or State- aided University or National institute of higher learning, to be nominated by the Governing Board:
Provided that the nominees, as mentioned under sub-clause (i) , (ii) and (iii) shall not be the persons associated with the concerned University for which the Search Committee is constituted.
(2) (a)
The Vice-Chancellor shall hold office for a term of four years or till he attains the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment for another term of four years or till he attains the age of sixty-five years, whichever is earlier, following the provisions of sub-section (1) .
(b) The Chancellor may, notwithstanding the expiration of the term of the office of the Vice-Chancellor or his attaining the age of sixty-five years, allow him to continue in office till a successor assumes office, provided that he shall not continue as such for any period exceeding six months.
(3) The Vice-Chancellor shall be a whole-time officer of the University and shall be paid from the University Fund such salary and allowances as the Chancellor may decide in consultation with the State Government.
(4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor.
(5) If-
(a) the Vice-Chancellor is, by reasons of leave, illness or other cause' temporarily unable to exercise the powers and perform the duties of his office, or
(b) a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation, removal, expiry of term of his office or otherwise, then, during the period of such temporary inability or pending the appointment of a Vice-Chancellor, as the case may be, the Chancellor in consultation with the Minister may appoint a person to exercise the powers and perform the duties of the Vice-Chancellor.
(6) The vacancy in the office of the Vice-Chancellor occurring by reason of death, resignation or expiry of the term of his office, removal or otherwise shall be filled up by appointment of a Vice-Chancellor in accordance with the provisions of sub-section (1) within a period of six months from the date of occurrence of the vacancy, and such period shall be held to include any period for which a Vice-Chancellor is allowed to continue in office under clause (b) of sub-section (2), or a person is appointed by the Chancellor in consultation with the Minister to exercise the powers and perform the duties of the Vice-Chancellor under sub-section (5).
(7) The Vice-Chancellor may be removed from his office by the Chancellor if he is satisfied that the incumbent,-
(a) has become insane and adjudged by a competent court to be of unsound mind; or
(b) has become an undischarged insolvent and stands so declared by a competent Court; or
(c) has been physically unfit and incapable of discharging function due to protracted illness or physical disability; or
(d) has wilfully omitted or refused to carry out the provisions of this Act or has committed breach of any of the terms and conditions of the service contract or has abused or misused the powers vested in him or if the continuance in the office of the Vice-Chancellor is detrimental to the interest oI the University: or
(e) has been proved to be guilty of criminal breach of trust or criminal negligence or gross financial irregularity or impropriety or gross negligence of duty; or
(f) has shown incompetence to perform or has persistently made default in the performance of the duties imposed on him by or under this Act; or
(g) has been convicted by a court for any offence within the concept and meaning of the Code of Criminal Procedure, 1974 (2 of 1974); or
(h) is a member of, or otherwise associated with, any political party or acts in any partisan manner while in office.
Explanation. - For the purpose of this sub-clause, whether any party is a political party or any association is a political association or any act of the Vice-Chancellor is partisan, the decision of the Chancellor thereon shall be final:
Provided that the Vice-Chancellor shall be given a reasonable opportunity to show cause by the Chancellor before taking recourse for his removal under clauses (d) , (e), (f), (g) and (h).
### 10. Powers and duties of the Vice-Chancellor.
(1) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall, in the absence of the Chancellor, preside over the meeting of the Governing Board. He shall, by virtue of his office, be a member and the Chairman of the Faculty Councils for Post-graduate and Undergraduate Studies and also the Chairman of any other authority or body of the University of which he may be a member. He shall also be entitled to be present at and to address any meeting of any other authority or body of the University of which he may not be a member, but shall not be entitled to vote thereat.
(2) The Vice-Chancellor shall have the power to convene meetings of the Governing Board, the Faculty Councils for Post-graduate and Undergraduate Studies and of any other authority or body of the University.
(3) It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act, and the Statutes, the Ordinances and the Regulations, are faithfully observed and to take such action as may be necessary for this purpose.
(4) The Vice-Chancellor shall have the power to exercise general control and supervision over all other officers of the University and over all teachers and employees of the University and generally over all the affairs of the University.
(5) The Vice-Chancellor shall exercise such other powers and discharge such other duties as may be delegated to him by any authority or body of the University or as may be provided by Statutes, Ordinances or Regulations.
(6) The Vice-Chancellor may take on behalf of the University such action as he may deem expedient in any matter which, in his opinion, is either urgent or of an emergent nature and shall report the same for confirmation at the next meeting to the authority or body which, in the ordinary course, would have dealt with the matter: Provided that if the action taken by the Vice-Chancellor is not approved by the authority or body concerned, the matter shall immediately be referred to the Chancellor whose decision thereon shall be final.
(7) The Vice-Chancellor may, with the approval of the Governing Board, delegate any of his powers (other than the power referred to in sub-section 6) to any other officer subordinate to him.
### 11. The Registrar.
(1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Governing Board on the recommendation of a Committee consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government, and on such terms and conditions, as prescribed by or under this Act.
(2) The Registrar may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Registrar is for any reason temporarily unable to exercise the powers or perform the duties of his office, the Vice-Chancellor may with the approval of the Governing Board appoint a teacher of the University or an officer of the University, temporarily for a period not exceeding six months, to exercise the powers and perform the duties of the Registrar.
### 12. Powers and Duties of the Registrar.
- Subject to the supervision, direction and general control of the Vice-Chancellor, the Registrar shall act as the Secretary of the Governing Board and shall exercise such powers and perform such duties as may be provided in the Statutes, or delegated to him by or under this Act.
### 13. The Law Officer.
(1) There shall be a Law Officer in the University, to be appointed by the State Government, on deputation.
(2) The Law Officer shall assist the University in all legal issues and shall represent the University in all legal proceedings before the Court of Law.
(3) The Law Officer shall have such powers and functions as may be provided by the Statues.
### 14. The Finance Officer.
(1) The Finance Officer shall be a whole-time officer of the University. He shall be appointed by the Governing Board on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government for such period and on such terms and conditions as may be prescribed by or under this Act.
(2) The Finance Officer may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Finance Officer is for any reason temporarily unable to exercise the powers and perform the duties of his office, the Vice-Chancellor, with the approval of the Governing Board, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Finance Officer.
### 15. Powers and duties of the Finance Officer.
(1) Subject to the supervision, direction and general control of the Vice- Chancellor, the Finance Officer shall be in charge of the administration of the funds, the finances and the properties and assets of the University and of all trusts and endowments; and he shall take special interest in activities that aim at raising funds for the purposes of the University and for augmenting the resources of the University.
(2) The Finance Officer shall exercise such other powers and perform such other duties as may be provided or delegated to him, by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
### 16. Controller of Examinations.
(1) The Controller of Examinations shall be a whole-time officer of the University. He shall be appointed by the Governing Board on the recommendation of a committee consisting of the Vice-Chancellor as the Chairman, a nominee of the Chancellor, two nominees of the Governing Board and a nominee of the State Government for such period and on such terms and conditions as may be provided by or under this Act.
(2) The Controller of Examinations may resign his office by writing under his hand addressed to the Vice-Chancellor.
(3) If the Controller of Examinations is for any reason temporarily unable to exercise the powers and perform the duties of his-office, the Vice-Chancellor, with the approval of the Governing Board, may appoint a person temporarily for a period not exceeding six months to exercise the powers and perform the duties of the Controller of Examinations.
### 17. Powers and duties of the Controller of Examinations.
(1) Subject to the supervision, direction and general control of the Vice-Chancellor, the Controller of Examinations shall be in charge of the conduct of examinations and tests of the University and declarations of their results.
(2) The Controller of Examinations shall exercise such other powers and perform such other duties as may be provided or delegated to him by or under the provisions of this Act, the Statutes, the Ordinances or the Regulations, as the case may be.
### 18. Supervisory powers of the Registrar, Law Officer, Finance Officer and Controller of Examinations.
- In their respective spheres of duties, the Registrar, the Law Officer, the Finance Officer, and the Controller of Examination shall, subject to the provisions of this Act, have the power of supervision and control over all officers and employees serving in departments under their charge and shall exercise such disciplinary power as may be conferred on them by or under this Act or by the Statutes or Ordinances or the Regulations, as the case may be.
Chapter III
Authorities of the University
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### 19. Authorities.
- The following shall be the authorities of the University:-
(i) the Governing Board;
(ii) the Faculty Councils for Post-graduate and Undergraduate Studies;
(iii) the Boards of Studies;
(iv) the Finance Committee;
(v) such other authorities as may be declared and established under the Statutes.
### 20. The Governing Board.
(1) The Governing Board shall consist of the following members:-
(a) Ex-officio members-
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(v) the Chairman, West Bengal State Council of Higher Education or his nominee;
(vi) a nominee of the Chairman of the University Grants Commission;
(b) Representatives of Departments and Teachers-
(vii) two Deans of the Faculty Councils;
(viii) three Heads of Departments by rotation for one year in alphabetical order of the Department to be selected by the Vice-Chancellor;
(ix) two teachers from each Faculty Council for Post-graduate and Undergraduate Studies of whom atleast one shall be a Professor and they shall be elected by the teachers of concerned Faculty Council from amongst themselves in the manner as may be provided by Statutes;
(c) Nominated Members-
(x) (1) two members to be nominated by the Chancellor from amongst the persons interested in the University education;
(2) three members to be nominated by the State Government from amongst the persons interested in the University education;
(3) four members to be nominated by the outgoing University Council or outgoing Governing Board, as the case may be, of whom at least two shall be eminent scholars and at least two shall be distinguished alumni of Sanskrit College or Sanskrit University:
Provided that no such member shall be nominated for more than two terms in the Governing Board:
Provided further that in all the cases no employee of the University or of a College or institution being managed by the University shall be eligible to be a member;
(d) Special Invitee-
(xi) any official or expert in any field or eminent educationist, alumnus whom the Governing Board may require for advice, consultation or assistance, may be invited to attend the meeting without any power to caste vote;
(xii) One Student representative and one Research Scholar to be nominated by the Vice-Chancellor from amongst the members of the Students' Council of the University without any power to caste vote:
Provided that the student representative or the research scholar referred under this clause shall not be permitted to take part in any meeting of the Governing Board in which, in the opinion of the Board, any of the minutes of any such meeting may prejudicially affect the general interest of the students or the research scholars, as the case may be.
(2) A member of the Governing Board shall hold office for a period of four years, if not expressly provided otherwise in this Act. Any vacancy among the members of the Governing Board shall be filled up immediately by the concerned authority.
(3) The Registrar shall act as the Secretary of the Governing Board.
(4) No act or proceedings of the Governing Board or of any body constituted by the Governing Board shall be invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Governing Board or in any body constituted by the Governing Board, as the case may be.
### 21. Powers and duties of the Governing Board.
- Subject to such condition as may be provided by or under the provisions of this Act, the Governing Board shall exercise the following power and perform the following duties, namely:-
(i) to establish Sanskrit Traditional Oriental Learning System, University departments, institutions, centres, libraries, laboratories and museums for study and research;
(ii) to create, with the approval of the State Government, posts of officers, teachers and other employees as may be necessary for the establishment of the University departments, institutions, centres, libraries, laboratories etc.,
(iii) to institute degrees, titles, diplomas, certificates and other academic distinctions;
(iv) to institute fellowships, traveling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes to be awarded out of the University-fund after consulting the respective Faculty Councils for Post\_graduate and undergraduate studies;
(v) to confer degrees, titles, diplomas, certificates and other academic distinctions on persons -
(a) to pursue prescribed courses of studies;
(b) to carry on research in accordance with such conditions as may be prescribed;
(vi) to withdraw or cancel degrees, titles, diplomas, certificates or other academic distinctions under such conditions as may be provided by Statues and after giving the person affected a reasonable opportunity to present his case;
(vii) to confer honorary degrees or other academic distinctions;
(viii) to initiate proposals for the making of Statutes and Ordinances including proposals for amendment or repeal thereof, in the manner hereinafter provided;
(ix) to maintain University Departments, University Institutions, University libraries, University laboratories and University museums;
(x) to establish, maintain, manage and recognize halls and hostels;
(xi) to direct the inspection of University libraries, University laboratories and hostels;
(xii) to appoint officers, teachers and other employees of the University and define their duties and other terms and conditions of service in accordance with the Statutes and the Ordinances and suspend, discharge or otherwise punish such teachers, officers and other employees in accordance with the Statutes and the Ordinances;
(xiii) to determine and collect fees or charges for the registration of students and their admission to courses of studies organized by the University, for holding examinations, for the grant of degrees, diplomas and certificates, and for other like purposes;
(xiv) to approve the constitution or reconstitution of the respective department of teaching in the University on the recommendation of the respective Faculty Council for Post-graduate and Undergraduate studies;
(xv) to make regulations regarding the courses of studies and the division of subjects after obtaining and considering the recommendation of the Faculty Councils for Post-graduate and Undergraduate studies in this regard;
(xvi) to make regulations regarding the examinations which shall be recognized as the equivalent examinations held by the University;
(xvii) to make regulations regarding the conduct of examinations held by the University and the condition under which students may be admitted to the different courses of studies held by the University;
(xviii) to make regulations regarding all other matters which may be or are required to be provided for by regulations;
(xix) to give directions regarding the form, custody and use of the common seal of the University;
(xx) to acquire, hold and dispose of property, movable and immovable, with the approval of the State Government, and administer all assets, properties, and funds of the University, and undertake all measures necessary or desirable for the conservation or augmentation of the resources of the University;
(xxi) to accept and administer grants, gifts, donations, endowments and benefactions for the furtherance of the purposes of this Act;
(xxii) to with the approval of the State Government, raise or accept loans on behalf of the University and make grants or advances from the University fund or other special funds maintained by the University;
(xxiii) to enter into an agreement with the State Government, or with the approval of the State Government, with any other Government or with any person, body or authority for the taking over by the University of the management of any institution, including its assets and liabilities, or for any other purpose not repugnant to the provisions of this Act on the recommendation of the Faculty Council for Post-graduate and Undergraduate studies concerned;
(xxiv) to exercise general supervision over Students' Council, University Sports Board and other bodies instituted by the University;
(xxv) to approve the Annual Statement of Accounts, the Audit Report in respect of the Annual Statement of Accounts, the Internal Audit Report and the Annual Budget of the University;
(xxvi) to make due provision for the welfare and discipline of students and their relationship with the University and provide for such other training of students as may be considered desirable;
(xxvii) to make provision for research, advisory services and exchange programme and for that purpose enter into agreement with other Universities, institutions, associations, societies or bodies on such terms and for such purposes, not inconsistent with the purposes of this Act, as it may determine;
(xxviii) to make rules for the transaction of its own business;
(xxix) to exercise all other powers and perform all other functions conferred by or under this Act;
(xxx) to exercise general supervision over the Faculty Councils for Post-graduate and Undergraduate studies and give such directions to these Councils for the due discharge of their respective duties as it may consider necessary.
### 22. Meetings of the Governing Board.
(1) The Governing Board shall meet at least once in a quarter, other than for convocation, on such dates to be fixed by the Vice- Chancellor. One of such meetings shall be held before March and shall be called the Annual meeting. The Governing Board may also meet at such other times as it may decide.
(2) One-third of the total number of members shall be a quorum for a meeting of the Governing Board. Such quorum shall not be required at the convocation.
(3) The Vice-Chancellor may, whenever thinks fit, and shall upon a requisition in writing signed by not less than fifty percent of the total number of members of the Governing Board, convene a meeting of the Governing Board. A meeting on such requisition shall be held within fifteen days of the receipt of the requisition by the Vice- Chancellor.
### 23. The Faculty Councils for Post-graduate and Undergraduate Studies.
(1) There shall be the following Faculty Councils for Post-graduate and Undergraduate Studies:-
(a) the Faculty Council for Post-graduate and Undergraduate Studies in Sanskrit;
(b) the Faculty Council for Post-graduate and Undergraduate Studies in Indian Philosophy;
(c) the Faculty Council for Post-graduate and Undergraduate Studies in Linguistics;
(d) the Faculty Council for Post-graduate and Undergraduate Studies and in Comparative Literature;
(e) the Faculty Council for Post-graduate and Undergraduate Studies in Indian Language and Cognitive Science;
(f) the Faculty Council for Post-graduate and Undergraduate Studies in Pali and Prakrit;
(g) the Faculty Council for Post-graduate and Undergraduate Studies in Ancient Indian History;
(h) the Faculty Council for Post-graduate and Undergraduate Studies in Traditional Oriental Learning(ToL);
(i) the Faculty Council for Post-graduate and Undergraduate Studies in Arts: and foreign languages;
(j) any other Faculty Council which may be established by the competent authority in this regard in the manner as provided in the Statutes.
(2) Each Faculty Council for Post-graduate and Undergraduate Studies shall consist of the following members:-
(i) the Vice-Chancellor - Chairman;
(ii) the Dean of the Faculty Council concerned;
(iii) the Head or Heads of the Department or Departments concerned, if any;
(iv) the Professor or Professors of the Department or Departments concerned, if any;
(v) five teachers of the University, other than Professors belonging to the Faculty Councils concerned, to be elected by such teachers from amongst themselves;
(vi) not more than three persons having special knowledge in the subject or subjects concerned nominated by the Vice-Chancellor from a panel of six persons recommended by the Governing Board,
(vii) the Faculty Council concerned may co-opt such Dean or Deans from any other faculty Council as it may consider necessary.
(3) Each Faculty Council for Post-graduate and Undergraduate Studies shall have a Secretary. The Secretary shall be a member of the Faculty Council:
Provided that in the absence of the Secretary, the Registrar or a Deputy Registrar or an Assistant Registrar, as may be nominated by him, shall act as the Secretary of the Faculty Council
(4) One-third of the total number of members of a Faculty Council for Post- graduate and Undergraduate studies shall be a quorum for a meeting of the Faculty Council.
### 24. Powers and duties of the Faculty Council for Post-graduate and Undergraduate Studies.
- Subject to the provisions of this Act, and the Statutes, the Ordinances and the Regulations, a Faculty Council for Post-graduate and Undergraduate Studies shall exercise the following powers and perform the following duties, namely:-
(i) to make proposals to the Governing Board for the establishment of University Departments, Schools, Centres, any such institutions, libraries, laboratories and museums for study and research to be maintained by the University;
(ii) to recommend to the Governing Board the creation and institution of Professorships including Distinguished Professorship, Chair Professorship, Adjunct Professorship, Associate Professorship, Assistant Professorship, and other teaching posts and the duties and emoluments thereof;
(iii) to make proposals to the Governing Board for the promotion of research and, through special committees, if any constituted for the purpose, to call for reports on such research work from persons engaged therein, and to make recommendations to the Governing Board thereon;
(iv) to prescribe after consulting the Governing Board the minimum qualifications for posts of Teachers of the University; as per guidelines of the University Grants Commission or any other concerned regulatory body;
(v) to make proposals to the Governing Board regarding provisions to be made for enabling the University to undertake specialization of studies and for organization of common laboratories, libraries, museums, institutes of research and other institutions, maintained by the University;
(vi) to make proposal to the Governing Board for constituting or reconstituting the departments of teaching in the University;
(vii) to make provisions for lectures and instructions for students of University Departments, Schools and Centres and University Laboratories and also for other persons who are not such students;
(viii) to advise the Governing Board on the institution of degrees, titles, diplomas, certificates and other academic distinctions;
(ix) to fix the date of commencement of, and to hold and conduct, subject to general supervision by the Governing Board, University Examinations at the Post-graduate and Undergraduate stages and publish the results thereof in accordance with the Regulations made in this behalf;
(x) to consider and approve results of examinations leading to Post-graduate and Undergraduate degrees, diplomas and certificates;
(xi) to recommend to the Governing Board the conferment of Post-graduate and Undergraduate degrees, diplomas and certificates;
(xii) to delegate to the teaching departments, research units, and Boards of Studies attached to it the responsibility for such academic matters as may concern such departments, units and Boards;
(xiii) to provide for the inspection or the investigation into the affairs of any University Departments, Schools, Centres and any such institution and submit report to the Governing Board;
(xiv) to have general supervision over the Boards of Studies attached to the Faculty Council in accordance with the rules framed for this purpose;
(xv) to frame rules relating to the courses of Post-graduate and Undergraduate Studies and the division of subjects in regard thereto including interdisciplinary and multidisciplinary integrated courses in selected subjects and to recommend to the Governing Board for making of Regulations in this behalf;
(xvi) to appoint, if required by the Governing Board, after considering the views of the Boards of Studies attached to the FaCulty Council, Boards of Examiners in the subject or subjects relating to Post-graduate and Undergraduate Studies, the subject for doctoral thesis and for prizes and medals;
(xvii) to call for such reports or information as the Faculty Council may consider necessary for efficient discharge of its duties from the teaching departments, research units or Boards of Studies;
(xviii) to consider any academic matter relating to the Faculty Council and to arrive at decisions or make recommendations pertaining thereto to the appropriate authority or officer;
(xix) to maintain contact with other Faculty Councils for the purpose of sharing ideas and ensuring co-ordination;
(xx) to submit each year its Annual Report to the Governing Board;
(xxi) to make rules for the transaction of its own business;
(xxii) to exercise all other powers and perform all other functions conferred and imposed on it by or under this Act;
(xxiii) to abide by, and implement promptly, the decisions that may be arrived at the Governing Board from time to time in regard to the Faculty Council;
(xxiv) to supply promptly such information, returns, reports and other materials as may be required by the University;
(xxv) to have general responsibility for maintenance of standard and enhancement of quality in relation to Post-graduate and Undergraduate studies with which the Faculty Council is concerned.
### 25. Dean.
(1) There shall be a Dean for each and every Faculty Council for Post-graduate and Undergraduate Studies in the University who shall be appointed by the Vice-Chancellor of the University on recommendation of the Selection Committee duly constituted for this purpose.
(2) The Selection Committee shall be constituted by the State Government for each and every occasion of selection of Dean of the University:
Provided that every such committee shall select Deans for all or any Faculty Councils for Post-graduate and Undergraduate Studies in the University.
(3) The Selection Committee shall consist of the following members:-
(a) nominee of the Chancellor, who shall be the Vice-Chancellor of a State-aided University other than the concerned University and who shall be the head of the Committee;
(b) nominee of the State Government, who shall be an eminent academician and who is not related with the concerned University in any manner;
(c) nominee of the Vice-Chancellor, who shall not be below the rank of a Professor of any other University.
(4) The Selection Committee shall consider the names of eligible professors of that University for the post of Dean and give proper weightage of academic excellence and adequate experience in academic and administrative governance while preparing the panel of two Professors in order of their preference for each and every Faculty Council of Post-graduate and Undergraduate Studies:
Provided that no person shall be eligible for the post of Dean more than one term in his service tenure in the same University.
(5) The Registrar of the University shall provide secretariat assistance to the Selection Committee for preparing the panel and the Committee shall have power to call for any record of the University relating to any Professor for the purpose of such selection.
(6) The Selection Committee shall finalize the panel within fifteen days from the date of its first meeting and immediately thereafter the committee shall send its recommendations in writing to the State Government, along with reasoned record of assessment of the persons so considered:
Provided that the State Government may, for reasons to be recorded in writing, extend the said period of fifteen days in case of exigencies.
(7) The State Government shall thereafter forward the panel to the Vice- Chancellor of the University for appointment of Dean within seven days.
(8) Every Dean appointed as per provisions of this Act shall hold the office for three years or until he retires or vacates his office for any other reasons:
Provided that a Professor shall only be eligible for empanelment for the post of bean who has at least three years of service left in his account, before the age of.
(9) The Vice-Chancellor shall, in the event of any temporary vacancy of the office of Dean, select a senior most Professor of that University according to the date of their joining in the same University for a period not more than six months:
Provided that such selection of Dean on temporary vacancy shall be communicated forthwith to the State Government for the purpose of reconstitution of Selection Committee.
(10) Every Dean shall be the Vice-Chairman of the respective Faculty Council for Post-graduate and Undergraduate Studies and shall have such powers and functions as may be provided for by Regulations.
(11) The Dean of every Faculty Councils for Post-graduate and Undergraduate Studies may be removed from his office for such reasons and in such manner as may be provided for by Regulations.
### 26. The Boards of Studies.
- There shall be Boards of Studies attached to every Faculty Council for Postgraduate and Undergraduate Studies. The constitution, powers and functions of the Boards of Studies shall be provided by Statutes.
### 27. The Finance Committee.
- There shall be a Finance Committee with the Vice-Chancellor as the Chairman. The constitution, powers and functions of the Finance Committee including the procedure in financial matters and delegation of its powers shall be provided by Statutes.
### 28. Selection Committee for Teachers of the University.
(1) A University Professor or a University Associate Professor or a University Assistant Professor shall be appointed by the Vice-Chancellor, upon prior ratification by the Governing Board, on the recommendation of a Selection Committee, and the constitution of such Selection Committee as well as the procedure for holding its meetings shall be in consonance with the University Grants Commission Regulations and Recruitment Rules framed by the State Government from time to time.
(2) Notwithstanding anything contrary to the provisions of University Grants Commission Regulations, the nominee of the Vice-Chancellor shall be the head of the Selection Committee, which shall send its recommendations in writing to the Vice- Chancellor along with reasoned record of assessment of the persons appeared before it for selection.
### 29. Procedure for holding meetings of Selection Committee.
(1) At least four members, including two outside subject experts, shall constitute the quorum for a meeting of the Selection Committee.
(2) If the Vice-Chancellor does not accept the recommendation of a Selection Committee, it shall refer the recommendation back to the Selection Committee with reasons for reconsideration and if the Vice-Chancellor does not accept the reconsidered views of the Selection Committee, the matter shall be referred to the Chancellor with reasons and views, and the decision of the Chancellor shall thereon be final.
### 30. Appointment of teachers by the Sanskrit University Council.
(1) Notwithstanding anything contained in section 28, until the constitution of a Selection Committee referred to therein, a University Assistant Professor, Associate Professor or Professor shall be appointed by the Sanskrit University Council, referred to in sub-section (1) of section 58 on the recommendation of a Selection Committee constituted by the State Government and consisting of the Vice-Chancellor as Chairman, a nominee of the Chancellor, a nominee of the State Government, and a nominee of the Council, who shall be the subject expert having special knowledge of the subject which the Professor or the Associate Professor or the Assistant Professor, as the case may be, will teach.
(2) If the Sanskrit College and University Council does not accept the recommendation of the Selection Committee the provision of sub-section (2) of section 29 shall apply mutatis mutandis.
### 31. Letter of appointment of Teachers, officers and employees.
(1) Every teacher, every officer and every employee of the University shall, on a appointment as such, be provided with a letter of appointment containing such terms and conditions of appointment and duties and responsibilities as may be provided by Ordinances.
(2) A Teacher or an officer or an employee appointed against a permanent vacancy shall be on probation ordinarily for a period of one year from the date of such appointment and such period of probation may, at the discretion of the appropriate authority of the University, be extended for a further period not exceeding one year.
(3) If, at any time during the period of probation, the probationer's performance is not considered satisfactory, the probationer shall, in consultation with the State Government, be discharged by the concerned appointing authority.
(4) On satisfactory completion of the period of probation, a Teacher or an officer or an employee, as the case may be, shall be confirmed with effect from the date of his appointment on probation by an order in writing made by the University in this behalf and the fact of such confirmation shall be communicated to the person concerned:
Provided that if, on completion of the period of probation, no such order of confirmation is made and communicated to the person concerned within a period of two months of the completion of the period of probation, the person concerned shall be deemed to have been confirmed with effect from the date of his appointment on probation:
Provided further that if, prior to the completion of the period of probation, a Teacher or an officer or an employee, as the case may be, desires to extend the period of probation, the Governing Board may extend it further by any period depending on the circumstances of the case.
### 32. Termination of services of temporary Teacher, officer or employee.
- The services of a temporary teacher or officer or employee shall not be terminated before the expiration of the period for which he is appointed except after serving one month's notice or paying him one month's salary in lieu thereof.
### 33. Standing committee for selection of officers and non-teaching employees.
- The Governing Board may, subject to the provisions of this Act, provide by Statutes the constitution of a standing committee or standing committees for selection of persons for appointment to the posts of officers and to the other nonteaching posts of the University and the procedure and the method of such selection.
### 34. Tribunal.
(1) If in the case of any dispute between the University and any teacher, officer or employee of the University, no final order has been passed within a period of one year from the date on which the dispute was referred to the University by such Teacher, officer or employee, such dispute shall on the request of such Teacher, officer or employee, be referred to a Tribunal consisting of the following members, namely:-
(i) a Chairman, to be nominated by the Chancellor in consultation with the Minister;
(ii) one person to be nominated by the Governing Board; and
(iii) one person to be nominated by the Teacher, officer or employee concerned.
(2) An appeal from an employee of the University in a disciplinary matter shall be referred to the Tribunal and shall be decided and disposed of by the Tribunal.
(3) The Tribunal may call for any record, report or other information from the University if, in its opinion, such record, report or other information is necessary for efficient discharge of its functions, and the University shall furnish such record, report to the Tribunal.
(4) The decision of the Tribunal shall be final and no suit or proceeding shall lie in any civil court in respect of the matters decided by the Tribunal.
(5) Every request under sub-section (1) shall be deemed to be a submission to arbitration upon the terms of this section, within the meaning of the Arbitration and Conciliation Act, 1996 (10 of 1996), and all the provisions of that Act with the exception of section 2 thereof shall apply accordingly.
Chapter IV
General Provisions governing all authorities or other bodies of the University
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### 35. Disqualifications.
(1) No person shall be qualified for election or nomination as a member of any authority or body of the University or shall continue as such member if he:-
(i) is of unsound mind, or
(ii) is an undischarged insolvent, or
(iii) has been convicted by a court of law for an offence involving moral turpitude.
(2) In case of any doubt or dispute the Chancellor's decision whether a person is disqualified under the provisions of sub-section (1) shall be final.
(3) No person shall be entitled to stand as a candidate for election to any authority or body of the University from more than one constituency.
(4) No person shall be entitled to be enrolled as a voter for, or to cast his vote at an election to any authority or body of the University from more than one constituency:
Provided that this sub-section shall not apply in the case of an election of members of the Governing Board and the Faculty Councils for Post-graduate and Undergraduate Studies.
### 36. Part-time Teachers or part time non- teaching staff not to be entitled to be enrolled as voters or to be nominated.
- Notwithstanding anything contained elsewhere in this Act, no person shall,-
(a) if he is a teacher, not holding any whole-time teaching post, or appointed for a specified period, or
(b) if he is a member of the non-teaching staff, not appointed on a regular scale of pay, or not holding any whole-time non-teaching post, be entitled to be enrolled as a voter for, or to cast his vote at, an election to any authority or body of the University.
Explanation. - "Regular scale of pay" shall mean pay which, subject to any condition prescribed by the University, rises by periodical increment from a minimum to a maximum.
### 37. Term of office of members.
(1) Save as otherwise provided in sub-section (4), an elected or nominated member of any authority or body of the University shall hold office for a period of four years from the date of his election or nomination, as the case may be:
Provided that in respect of the first elections and nominations under this Act, the said period of four years shall commence from the date of the first meeting of the authority or body held after such elections and nominations.
(2) The term of office of members other than ex-officio members of any authority or body of the University shall be held to include any period which may elapse between the expiry of the said term and the date of election of new members to such authority or body to fill vacancies arising by efflux of time.
(3) When elections are held on more than one date, the last of such dates shall be taken to be the date of election for the purposes of this section.
(4) Any member elected or nominated to fill a casual vacancy shall hold office for the unexpired portion of the term of office of the member in whose seat he is so elected or nominated.
### 38. Cessation of membership in certain cases.
(1) When a person is qualified to be a member of any authority or body of the University by virtue of his membership of any other authority or body, he shall cease to be a member of the authority or body of the University when he ceases to be a member of the other.
(2) When a person is elected or nominated as a member of any authority or body of the University from any constituency, he shall cease to be such a member when he ceases to belong to that constituency.
### 39. Filling up of vacancies.
(1) Any casual vacancy among the elected members of any authority or body of the University shall be filled, in such manner and within such time as may be prescribed, by election by such authority or body of a person representing the interest which the member, whose seat has become vacant, represented.
(2) Any vacancy among the nominated members of any authority or body of the University shall be filled, within such time as may be prescribed, by nomination by the person or authority that nominated the member whose seat has become vacant.
(3) Vacancies arising by efflux of time in the seats of elected members of any authority or body of the University shall be filled by election to be held on such date or dates, not later than six months or such extended period as the Chancellor may, by order made in this behalf, specify, from the date on which the vacancies arise, as the Vice-Chancellor may fix.
### 40. Proceedings of the University or the authorities or bodies of the University not invalidated by vacancies.
- No act or proceedings of the University or of any authority or body of the University shall be deemed to be invalid merely by reason of the existence of a vacancy or vacancies among its members or the invalidity of the election of any of the members.
Explanation. - For the removal of doubt, it is hereby declared that where the office of any member of any authority or body of the University cannot be filled up, when such authority or body is constituted for the first time, on account of any election or appointment not being for any reason feasible, there shall be deemed to be a vacancy in the office of such member until such election takes place or such appointment is made.
### 41. Election Tribunal.
(1) There shall be an Election Tribunal to which shall be referred any question as to whether any person is eligible under this Act for election or nomination or has been duly elected or nominated, or is entitled to be, a member of any authority or body of the University, and the decision of the Election Tribunal on such question shall be final.
(2) The constitution of the Election Tribunal shall be provided by Statutes.
(3) If, during the progress of any election of members to any authority or body of the University, the Election Tribunal is satisfied that such election is vitiated by fraud or corrupt practice, the Election Tribunal may make an order annulling the proceedings in respect of such election or any part thereof and direct fresh proceedings to be started, in accordance with the provisions of this Act and the Statutes, the Ordinances and the Regulations, from such stage as may be specified in the order and such order of the Election Tribunal shall be final.
(4) No suit or proceeding shall lie in any civil court against a decision or an order of the Election Tribunal under sub-section ( I ) or sub-section (3) as the case may be.
### 42. Casting the vote (sic) chairman.
- An a meeting of the Governing Board, the Faculty Councils for Post-graduate (sic) Studies or any other authority or body of the University, the (sic).
Chapter V
Funds of the University, Accounts, Audit and Inspection
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### 43. The University Fund.
- The University shall have a fund to be known as the University Fund to which shall be credited all its income from fees, fines, contributions, grants, donations, loans and advances and from any other source whatsoever. The University may also create, by Ordinances made in this behalf, separate special funds for the administration of Students' Welfare, Endowments, Donations and Gifts, Trust or specific grants or grants for other special purposes.
### 44. General limitations on financial powers of the University.
(1) The budget of the University showing the receipt and expenditure of the University on different accounts shall be submitted to the State Government at least three months before the end of the financial year for approval.
(2) The State Government shall, at least one month before the end of the financial year, communicate its approval or otherwise of the budget of the University:
Provided that the State Government shall, from time to time, release grants to the University to incur expenditure till the budget is approved;
(3) If no communication is sent to the University by the State Government within the period as aforesaid, the budget shall be deemed to have been approved by the State Government.
(4) Notwithstanding anything to the contrary contained in this Act, the University shall not, except with the prior approval of the State Government, incur any expenditure on any amount in excess of amount specified in the budget on that account:
Provided that no such prior approval shall be necessary in respect of any expenditure on any scheme not provided in the budget, if such expenditure is met by the University out of its own resources.
### 45. Provident Fund.
- Any provident fund instituted by the University for the benefit of its Teachers, officers, or employees shall be governed by the provisions of Provident Funds 19 of 1925 Act, 1925, as if such fund were a Government Provident Fund and the Governing Board shall have power to frame Ordinances, not inconsistent with the provisions of that Act, for the administration of the fund.
### 46. Annual Accounts and Audit.
(1) The Annual Statement of Accounts shall, after examination by the Executive Council, be subjected to such audit as the State Government may direct.
(2) Such Annual Statement of Accounts shall, together with copies of the audit report thereon, be submitted to the Governing Board and to the State Government and shall thereupon be published by the Governing Board.
(3) The University shall have a continuous internal audit, and the report of such audit shall be submitted to the State Government as soon as possible after the end of every financial year.
(4) The State Government may require the University to supply to it any information in regard to the accounts and the budget and the University shall comply with such requisition.
### 47. Inspection.
(1) The State Government shall have the right-
(a) to cause an inspection to be made, by such person or persons as it may direct,-
(i) of the University, its buildings, laboratories, libraries, museums, press establishment, workshops and equipment,
(ii) of any institution maintained by the University, and
(iii) into all affairs of the University and of such institution including examination and other work conducted or done by the University or such institution; and
(b) to cause an enquiry to be made into the income, expenditure, properties, assets and liabilities of the University and of any such institution maintained by the University.
(2) The State Government shall, in every such case of inspection or enquiry, give previous notice to the University of its intention to cause such inspection or enquiry.
(3) The State Government shall communicate to the Governing Board its views on the results of such inspection or enquiry and may, after considering the opinion of the Governing Board thereon, advise the University regarding the action which the State Government considers fit to be taken by the University in the matters concerned and the University shall report to the State Government, within such time as the State Government may direct, the action which is proposed to be taken or has been taken by the University to give effect to such advice of the State Government.
(4) The State Government may, after considering the report referred to in subsection (3), advise the University to take such further action in the matters concerned, as may, in the opinion of the State Government, be necessary, and the University shall take or cause to be taken such further action within such time as may be specified in that behalf by the State Government.
Chapter VI
Statutes, Ordinances and Regulations
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### 48. Statutes.
- Subject to the provisions of this Act, Statutes may be made to provide for all or any of the following matters:-
(a) the declaration of posts as posts of officers of the University referred to in clause (f) of section 8;
(b) the establishment of authorities of the University referred to in clause (v) in section 19;
(c) the powers, duties, and terms and conditions of service of the officers of the University in so far as these have not been specifically provided for in this Act;
(d) the constitution, powers and duties of the authorities of the University in so far as these have not been specifically provided for in this Act;
(e) the rules and procedure for holding elections to the Governing Board and other authorities and bodies of the University;
(f) the holding of convocations to confer degrees, titles, diplomas, certificates and other academic distinctions, including honorary degrees and distinctions;
(g) the conditions for the registration of graduates of the University and for the maintenance of a register for registered graduates;
(h) the minimum qualifications for teachers and officers of the University;
(i) all other matters which under this Act are required to be or may be provided by Statutes.
### 49. How to make Statutes.
(1) The Governing Board shall take into consideration the draft Statutes proposed to be passed, after notice thereof has been given to the members of the Governing Board at least three weeks in advance of the date fixed for consideration of the same by the Governing Board. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature. The Statutes shall be deemed to have been passed by the Governing Board if it is agreed to by a majority of total number of members of the Governing Board at the time.
(2) A Statute, passed in the manner provided in sub-section (1), shall be presented to the Chancellor for assent and shall come into force on being assented to by the Chancellor in consultation with the Minister.
(3) A Statute shall remain in force until repealed or amended by a new Statute similarly passed and assented to by the Chancellor.
### 50. Ordinances.
- Subject to the provisions of this Act and the Statutes, Ordinances may be made to provide for all or any of the following matters:-
(a) the admission of students to the University and their enrolment;
(b) the levy or fees in University Departments, Schools, Centres and in University Laboratories;
(c) the conditions of residence and rules of discipline of the students of the University and the levy of fees for residence in halls and hostels;
(d) the appointment of Teachers, officers and employees of the University, their emoluments, their duties and other terms and conditions of their service, in so far as these have not been specifically provided for in this Act or in the Statutes;
(e) rules for the institution of Provident Fund or other funds for the benefit of the Teachers, officers and employees of the University;
(f) rules for the establishment, maintenance and management of University Libraries, University Museums, halls and other University institutions, for study, research and residence;
(g) rules for the recognition of libraries, laboratories, museums, hostels, and institutions for study, research and residence, other than those established, maintained and managed by the University;
(h) rules for the imposition and collection of fees, fines and other dues payable to the University;
(i) the duties and functions of the Teachers of the University including the Heads of Departments;
(j) rules for the registration of students;
(k) the appointment, duties and remuneration of examiners;
(l) rules for the administration of gifts, endowments and benefactions, and for the institution and award of fellowships, travelling fellowships, scholarships, studentships, stipends, bursaries, exhibitions, medals and prizes;
(m) rules and procedure for accepting grants and for raising or accepting loans other than loans from the Central or any State Government or the University Grants Commission;
(n) all other matters which under this Act or the Statutes are required to be or may be provided by Ordinances.
### 51. How to make Ordinances.
(1) The Governing Board shall take into consideration drafts of Ordinances proposed to be passed, after notice thereof has been given to the members of the Governing Board at least three weeks in advance of the date fixed for consideration of the same by the Governing Board. The Vice-Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.
(2) An Ordinance shall be deemed to be passed by the Governing Board if it is agreed to by a majority of the total number of members of the Governing Board existing at the time.
(3) An Ordinance passed by the Governing Board in the manner provided hereinbefore in this section shall be submitted to the Chancellor for assent and shall come into force on being assented to by the Chancellor.
(4) An Ordinance shall, unless cancelled or modified by the Chancellor, remain in force until repealed or amended by a new Ordinance similarly passed and brought into force.
### 52. Regulations.
- Subject to the provisions of this Act and the Statutes and the Ordinances, Regulations may be made to provide for all or any of the following matters:-
(a) the powers and functions of the Boards of Studies;
(b) the functions and duties of Teachers' Councils in Universities;
(c) the conditions for admission to the different courses of study and examinations of students;
(d) the rules for the conduct of University examinations;
(e) the courses of study and the division of subjects upon the recommendations of the Faculty Council for Post-graduate and Undergraduate Studies concerned;
(f) the minimum qualifications for the Teachers of the University as per guidelines of the University Grants Commission or any other appropriate authority;
(g) all other matters which under this Act or the Statutes or the Ordinances are required to be or may be provided by Regulations.
### 53. How to make Regulations.
(1) The Governing Board or a Committee appointed by it shall take into consideration drafts of Regulations, consistent with this Act and the Statutes and the Ordinances after notice of the proposed Regulations has been given to the members of the Governing Board at least three weeks in advance of the date fixed for consideration of the same by the Governing Board or the Committee appointed by it. The Vice- Chancellor may direct a shorter notice in a matter which in his opinion is of an emergent nature.
(2) A Regulation shall be deemed to be passed by the Governing Board if it is agreed to at a meeting of the Governing Board by a majority of the total number of members of the Governing Board existing at the time. A Regulation shall come into force immediately on being passed unless otherwise directed by the Chancellor.
(3) A Regulation brought in force under sub-section (2) shall remain in force until repealed or amended by a new Regulation similarly passed and brought into force.
### 54. Rules.
(1) The State Government may make rules for the purpose of carrying out any of the provisions of this Act.
(2) Every rules made under this Act shall, as soon they are made, may be laid down before the State Legislature while it is in session.
Chapter VII
Miscellaneous and Transitory Provisions
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### 55. Delegation.
(1) The Vice-Chancellor or, with the approval of the Vice-Chancellor, the Registrar, may, subject to the provisions- of this Act, delegate such of his powers or duties conferred or imposed by or under this Act as may be provided by the Statutes to an officer of the University under his direct administrative control.
(2) Subject to the provisions of this Act: -
(a) the Governing Board may delegate any of its powers or duties, conferred or imposed by or under this Act, to-
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members, or
(iii) a committee appointed in accordance with the Statutes;
(b) the Faculty Council for Post-graduate and Undergraduate Studies may delegate any of its powers or duties, conferred or imposed by or under this Act, to-
(i) the Vice-Chancellor,
(ii) a committee constituted from among its own members,
(iii) a committee constituted in accordance with the Regulations, or
(iv) any of the Board of Studies;
(c) the Finance committee may delegate any of its powers or duties, conferred or imposed by or under this Act, to-
(i) the Vice-Chancellor, or
(ii) a committee constituted from among its own members.
### 56. Completion or courses for student of erstwhile Sanskrit to the College affiliated to the Calcutta University.
- Notwithstanding anything contained in this Act, the Statutes, the Ordinances and the Regulations, any student of the erstwhile Sanskrit College affiliated formerly to the Calcutta University, who was studying for any examination of such University, shall upon up gradation of the college to the University be permitted to complete his course in preparation thereof and appear for examinations conducted by the Calcutta University or the University shall hold for such students, examinations in accordance with the curricula of study in force in the Calcutta University for such period as may be prescribed.
### 57. Transitory provisions and repeal.
(1) The Chancellor shall, within three months from the date of publication of this Act in the Official Gazette, appoint a person to be the Vice-Chancellor under sub-section (3) of section 58, and he shall be the first Vice-Chancellor of the University and shall hold office for a period of one year, which may be extended by one year by the Chancellor in consultation with the Minister. The first Vice-Chancellor shall exercise all the powers and perform all the duties of the Vice-Chancellor under this Act.
(2) The first Vice-Chancellor shall, with the approval of the Chancellor and with the assistance of a committee consisting of not less than nine members nominated by the State Government, cause the first Statutes, the first Ordinances and the first Regulations of the University to be framed.
(3) The first Vice-Chancellor shall within one year from the date of his appointment or within such longer period, not exceeding two years from the date of his appointment, as the State Government may, by notification in the Official Gazette, direct, cause arrangements to be made for constituting the Governing Board, the Faculty Council for Post-graduate and Undergraduate Studies and the Boards of Studies in accordance with the provisions of the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section (2), as if they had already come into force.
(4) If, for any reason,-
(a) the Constitution of the Governing Board and other bodies referred to in sub-section (3) cannot be completed within the period of office of the first Vice-Chancellor appointed under sub-section (1), then on the expiry of such period, the Chancellor may in consultation with the Minister, on such terms and conditions as he thinks fit, appoint the first Vice- Chancellor whose period of office has expired or another person to be the Vice- Chancellor for the purpose of this section for such period not exceeding two years as the Chancellor thinks fit, or
(b) a vacancy occurs in the office of the first Vice-Chancellor before the expiry of the period of his office, then, the Chancellor may, in consultation with the Minister, on such terms and conditions as he thinks fit, appoint another person to be the Vice-Chancellor for the purposes of this section for the unexpired portion of such period or such further period not exceeding three years as the Chancellor thinks fit, and references in this Act to the first Vice-Chancellor shall be deemed to include references to the Vice-Chancellor appointed under this sub-section.
(5) The State Government shall, by notification in the Official Gazette, appoint a date and on and from such date the Governing Board, the Faculty Councils for Post-graduate and Undergraduate Studies and the Boards of Studies shall commence to exercise their respective functions and the first Statutes, the first Ordinances and the first Regulations of the University as framed under sub-section (2) shall come into force and shall be the first Statutes, the first Ordinances and the first Regulations of the University.
(6) The first Statutes, the first Ordinances and the first Regulations of the University shall remain in force until new Statutes, new Ordinances and new Regulations are made under the provisions of this Act.
(7) The first Vice-Chancellor may, subject to the approval of the State Government, and until constitution of the Sanskrit College and University Council, appoint such administrative, clerical and other teaching staff as he deems necessary for giving effect to the provisions of this section.
(8) (a)
All properties and all rights of whatever kind used, enjoyed or, possessed by, all interests of whatever kind owned by or, vested in or, held in trust by or, for the Sanskrit College as well as liabilities legally subsisting against the Sanskrit College shall pass to the University as constituted under this Act.
(b) All sanctioned posts of the Sanskrit College shall stand transferred to the University and all Government employees i.e. all teaching and non-teaching staff employed in the College will continue to function under the University in their existing capacities till such time the posts are actually filled up by the University through the due selection process or the incumbents are posted elsewhere by appropriate Government Orders or Notifications to be issued from time to time; and until such time the said teaching and non-teaching staff during their tenure in the University will continue to enjoy the same pay and allowances upon the same terms and conditions of service with the same rights and privileges as to pension, gratuity, provident fund, savings cum group insurance scheme and other matters as they would enjoy as the State Government employees.
(c) All Government employees including teachers, librarians and non-teaching staff who are presently employed in the Sanskrit College shall be given an opportunity to exercise their option for being considered for selection in the University service subject to the specified selection procedure adopted by the University.
(9) On and from the appointed day -
(a) section 58 shall stand repealed and thereupon the Sanskrit College and University Council referred in sub-section (1) of the said section, and all s bodies and all committees constituted by the, said Council, shall stand dissolved.
(b) all affairs, functions or activities of the University, including studies and examinations, commenced and in progress before the appointed day, shall be deemed to be in progress as if they had been commenced by the University under this Act;
(c) all things done or deemed to have been done, and all actions taken or deemed to have been taken under any law in force for the time being, shall be deemed to be things done or actions taken by the University under this Act as if this Act had been in force when such things were done or actions taken provided that until the appointed day references to the Vice-Chancellor under any such law shall be deemed to be references to the first Vice-Chancellor under this Act.
(10) In construing the provision of section 20 and section 23, and in construing the provisions of the first Statutes, the first Ordinances and the Regulations of the University in relation to the constitution, under this section, of the Governing Board, the Faculty Councils for Post-graduate and Undergraduate studies, and the Boards of Studies, references to the Heads of departments of teaching of the University, the University Professors, University Associate Professors, University Assistant Professors, and teachers of the University shall be deemed to be references to the persons holding offices respectively as the Heads of teaching Departments, Professors, Readers or Associate Professors, Lecturers or Assistant Professors and teachers of the College, if any, immediately before the date of appointment of the first Vice-Chancellor.
(11) The provisions of this section shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
### 58. The Sanskrit College and University Council.
(1) With effect from such date as the State Government may, by notification in the Official Gazette, appoint, and until the appointed day all the powers and functions of the University, the Governing Board, the Faculty Councils for Post-graduate and Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances shall, respectively, be exercised and performed by a Council to be known as the Sanskrit College and University Council.
(2) The following shall be the members of the Council:-
(i) the Chancellor,
(ii) the Vice-Chancellor,
(iii) the Secretary, Higher Education Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal,
(iv) the Secretary, Finance Department, Government of West Bengal or his nominee not below the rank of Joint Secretary to the Government of West Bengal,
(v) Chairman, West Bengal State Council of Higher Education or his nominee,
(vi) the President, West Bengal Board of Secondary Education,
(vii) the President, West Bengal Council of Higher Secondary Education,
(viii) not less than ten and not more than fifteen persons nominated by the Chancellor in consultation with the Minister from amongst the persons interested in University education, Principals and teachers of colleges affiliated to other Universities and teachers of the University.
(3) The Registrar of the University shall act as the Secretary of the Council.
(4) The first Vice-Chancellor shall be appointed by the Chancellor in consultation with the Minister on the basis of recommendation made by a Search Committee comprising three eminent educationists constituted for this purpose by the State Government.
(5) The first Registrar, the first Finance Officer and such other officers of the University (including technical personnel) as may be required to be appointed from time to time shall be appointed by the Council on the recommendation of a committee consisting of the Vice-Chancellor as Chairman, a nominee of the Council, a nominee of the Chancellor and a nominee of the State Government, and subject to the supervision, direction and general control of the Vice-Chancellor, they shall exercise all the powers and perform all the duties conferred and imposed on them by or under this Act, or delegated to them by the Vice- Chancellor.
(6) The Council may, subject to the approval of the State Government, appoint such administrative, clerical and other staff (including technical staff) as it deems necessary for giving effect to the provisions of this section.
(7) The Council may, with the approval of the Chancellor, delegate any of its powers and functions to such body or bodies as may be constituted by it to carry on the functions of the Governing Board, the Faculty Councils for Post-graduate and Undergraduate Studies, the Boards of Studies, the Finance Committee and all other authorities to be constituted under this Act or the Statutes or the Ordinances: Provided that such delegation shall not prevent the exercise of any such power or discharge of any such functions by the Council.
(8) (a)
(i) The Chancellor, or in his absence the Vice-Chancellor, shall preside over the meetings of the Council;
(ii) twenty-five percent of the members of the Council shall be a quorum for a meeting of the Council;
(b) Twenty-five percent of the members of any body constituted by the Council shall be a quorum for a meeting of such body.
(9) No act or proceeding of the Council or of any body constituted by it shall he invalid or called in question by reason of the existence of any vacancy, initial or subsequent, in the Council or in any body constituted by the Council, as the case may be.
(10) The other provisions of this Act shall, if in conflict with the provisions of this section, stand modified to the extent provided in this section:
Provided that nothing in this sub-section shall affect the power of the Chancellor or the Vice-Chancellor under this Act;
(11) If a vacancy occurs in the office of the Vice-Chancellor by reason of death, resignation or expiry of his office or otherwise, the same shall be filled up by the Chancellor in consultation with the Minister.
(12) Any vacancy in the Council occurring by reason of death, resignation or otherwise shall be filled up by the Chancellor in consultation with the Minister, in so far as such filling up is not inconsistent with the provisions of this section.
(13) If, by reason of the other provisions of this Act, any difficulty arises in giving effect to the provisions of this section, the Council shall refer such difficulty to the State Government which may make such order or do such thing, not inconsistent with the provisions of this section, as appears to it to be, necessary or expedient for.removing the difficulty.
### 59. Removal of difficulties.
- If on account of any lacuna or omission in the provisions of this Act, or for any other reason whatsoever, any difficulties arises as to the first constitutions of any authority or the University under this Act, or otherwise in giving effect to the provision of this Act, the State Government, as occasion may require, may by order or notification do anything which appears to it to be necessary for the purpose of removing the difficulty notwithstanding anything to the contrary contained elsewhere in this Act or in any other law.
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65b9b933ab84c7eca86e9bee | acts |
State of Rajasthan - Act
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The Rules for Allotment and Auction of Plots in the New Market Area at Rawat Bhata, 1975
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RAJASTHAN
India
The Rules for Allotment and Auction of Plots in the New Market Area at Rawat Bhata, 1975
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Rule THE-RULES-FOR-ALLOTMENT-AND-AUCTION-OF-PLOTS-IN-THE-NEW-MARKET-AREA-AT-RAWAT-BHATA-1975 of 1975
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* Published on 3 January 1975
* Commenced on 3 January 1975
The Rules for Allotment and Auction of Plots in the New Market Area at Rawat Bhata, 1975
Published vide Notification No. F.2 (20) .Irrl./71, Published in Rajasthan Gazette Extraordinary, Part 4-C(1), dated 3-1-1975 at page 503 (1) to (9)
It came into force with immediate effect from the date of publication i.e. 3-1-1975
G.S.R. 168 - The following Rules for allotment and auction of Plots in the New Market Area at Rawat Bhata are published for general information. They shall come into force with immediate effect from the publication in the Gazette.
### 1. Short title, extent and commencement.
- These rules may be called the Disposal of plots by Allotment/Auction in the New Market Area at Rawat Bhata, 1973.
### 2. Interpretation.
- The power of interpretation of these rules will be with the Government of Rajasthan.
### 3. Definitions.
- Unless there be something repugnant in the subject or context the terms defined here-in-under are used in the sense explained below:-
(i) 'Government' means "Government of Rajasthan."
(ii) 'Allotment Committee' means the Committee appointed by the Government of Rajasthan for allotment of residential and commercial plots in the market area and elsewhere in Rawat Bhata consisting of the following: -
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(a) Collector, Chittorgarh-
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Chairman
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(b) Pramukh. Zila Parishad, Chittorgarh-
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Member
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(c) Superintending Engineer. R.P.S. and J.S. Dams, Kota-
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Member
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(d) Pradhan, Panchayat Samiti, Bhensrodgarh-
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Member
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(e) Chairman, Vyapar Mandal, Rawat Bhata-
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Member
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(f) Executive Engineer, R.P.S. Civil Division, Rawat Bhata-
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Member Secretary
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(iii) 'Committee' means the Allotment Committee at 3 (ii) above.
(iv) 'Chairman' means the Chairman of the Allotment Committee.
(v) 'Secretary' means the Secretary of the Allotment Committee.
(vi) 'Family' means the persons concerned, wife/wives or husband as the case may be, legitimate children and step children residing with the wholly dependant upon the person concerned.
(vii) 'Old Market' means the market which was established by the R.P.S. Project in the north-west of the R.P.S. colony.
(viii) 'New Market' means the market proposed to be established on the hill adjacent to R.P.S. colony in the north behind and around the Cinema (Mahalaxmi Talkies) building.
### 4. Eligibility of allotment and priority thereof.
- (i) 300 plots each of the size of 50'x40' will be allotted for construction of residential cum shopping purposes to the following categories of persons subject to the condition mentioned in para (ii) of this rule and the order of preference for allotment will be as under:-
(a) Persons who have the trade or business in the old market area and who have been allotted plots on lease basis by the Executive Engineer, R.P.S. Project (Civil Division) or who are in possession of these plots/land as sub-tenants and prove themselves to be so to the satisfaction of the Chairman will be eligible for allotment.
(b) Persons belonging to Scheduled castes and Scheduled tribes who are residents of Rawat Bhata or who have settled here before 30 days of the publication of these rules and have no house or residential/commercial plot in Rawat Bhata and/or they have been dispossessed.
For such persons 15% for the persons belonging to Scheduled castes and 15% for the persons belonging to Scheduled tribes of remaining plots after allotment to category 'A' will be reserved for allotment on the prices to be fixed by the Government.
(c) Persons who have been service man or an unemployed qualified technical personnel enrolled themselves in the register for technical personnel with the Directorate of Man Power. Rajasthan and who desire to establish their own trade or business at Rawat Bhata.
For such persons 15% of remaining plots after allotment to category 'A' will be reserved for allotment on the prices to be fixed by the Government.
(d) Persons who are bonafide residents of Rajasthan or who have served the Central or State Government in Rajasthan at least for 10 years as on the date of publication of these rules in the Rajasthan Rajpatra and who have not permanently settled elsewhere and have income below Rs. 12000/- per annum.
For such persons 15% of remaining plots after allotment to category 'A' will be reserved for allotment on the prices to be fixed by the Government.
(ii) Remaining 40% of the plots after allotment to all the above categories A,B.C. and D will be reserved to be given on reserved prices to be fixed by the Government to the persons who do not come in the above categories. In case the applicants are more than the reserved plots, the disposal of plots than shall be done through auction.
(iii) If required more plots will be made available by the Government for disposal as provided in this rule.
(iv) Persons of the above categories will be eligible for Allotment/Auction on the condition that they or member of their family have (a) no residential house or have not been allotted any plot of land anywhere else and (b) have not sold or mortgaged or alienated or gifted or otherwise transferred any house property either owned inherited or allotted to them or any member of their family.
### 5. Procedure for allotment.
- (i) The applications for allotment of plots will be invited by issuing a public notice intimating the last date for receipt of applications by the Secretary of the Allotment Committee on behalf of it. The applications received in the form prescribed by the Committee obtainable from the office of the Secretary on payment of Rs. 3/- on or before the last date of receipt of applications duly accompanied by a challan of Rs. 50/- as earnest money in favour of the Secretary complete in all respects shall only be taken into consideration. Secretary on receipt of such applications will register them in a register and shall scrutinize these applications. On the expiry of the 15th day from the last date for receipt of applications the list of rejected applications will be placed on the Notice Board of the Office of the Secretary and such persons whose applications have been rejected by the Secretary may take representation to the Chairman within 15 days from the publication of this list. The decision of the Chairman will be final and will be placed on the Notice Board of the office of the Chairman and the Secretary before the allotment of plots.
The Allotment Committee may, if desires to do so, demarcate different plots for different trades/business and for different categories of persons. The particular number of plot will be given to the allottee through lottery system to be convened in the Sub-Committee meeting. The result of draw will be placed before the allotment committee for decision. The allotment will be done by the Allotment Committee or by the Sub-Committee of not less than 3 members to be constituted by the allotment committee, on the date to be placed on the Notice Board of the office of the Secretary. The allotment will be made by draw of lots in public and lots will be both for plots and for applications simultaneously. The decision of the Allotment Committee will be final and will be conveyed to the applicant by the Secretary within 30 days of the date of taking such decision.
Quorum of the Allotment Committee meeting summoned for the purpose will be 4 and the decision will be arrived at by its simple majority and in case of equal voting the Chairman's will be the casting vote.
(ii) The allottee will have to deposit 25% of the cost of plot calculated on the rates fixed by the Government from time to time through Treasury challan in favour of the Secretary and submit one receipted copy of the Challan to the Secretary within 30 days of the communication of decision of the committee. In exceptional cases the Chairman may extend time on payment of simple interest calculated at the rate of 6% per annum.
(iii) The Secretary will within 30 days of the receipt of copy of receipted challan issue regular allotment order in favour of the allottee.
(iv) Failure to deposit 25% of the cost of plot within the specified time will be liable to be rejected for allotment of plot and the earnest money received with the application form will be forfeited.
### 6. Disposal of plots by auction.
- Disposal of plots by open auction will be made in the manner prescribed here as under:
(i) A public notice giving name of place, date and time of Auction will be published in one Daily of Rajasthan having wide circulation and in one local newspaper if any and by public announcement. The copy of the notice will also be placed on the Notice Board of the Secretary.
(ii) No person shall be allowed to bid in the Auction unless he has deposited an earnest money to the extent of Rs. 100/- which will be refundable on the spot to the unsuccessful bidder.
(iii) No person shall be allowed to go back upon his bid failing which his earnest money of Rs. 100/- deposited by him will be forfeited.
(iv) The bidder shall be bound by the conditions of auction which shall be Intimated to him at the time of auction and by these rules.
(v) The highest bidder shall have to deposit 25% of the bid amount on the spot with the Secretary.
(vi) The Secretary and the Collector or his nominee shall supervise the auction. The Secretary will place the record of auction to the Chairman for decision and his decision will be final and the same will be communicated by the Secretary. The Chairman reserves the right not to accept any auction bid without assigning any reason.
(vii) The person in whose favour auction is finalised shall have to complete construction within 2 years as per design approved by the Committee or by an officer authorised by the Committee failing which the sale may be nullified and purchase price refunded without Interest. On reasonable grounds, the Chairman may allow extension of time.
### 7. Possession of the plot.
- (i) As soon as the allotment of plot on the rate approved by the Government has been made or the auction is finalised the Secretary shall communicate to the purchaser to deposit the remaining value of the plot within 90 days failing which the allotment or the auction will be liable to be cancelled and the money already deposited forfeited. On reasonable grounds the Chairman may grant extension of time on payment of simple interest calculated at the rate of 6% per annum.
(ii) The possession of the plot shall be given to the purchaser after the full amount is deposited by him and a sale certificate in the form to be approved by the Government will be issued under the signatures of the Secretary.
### 8. Construction of building by the allottee.
(1) The allottee shall have to complete construction of building within 3 years from the date of giving possession of the plot to him. However this time limit can be extended by the Chairman on showing reasonable grounds. The allottee shall have to construct his house after getting prior approval from the Committee. They have to leave '8' space from the edge of the road on which only verandah shall be constructed.
### 9. Grant of Letter of sale.
- On completion of building as per the approved design which is to be certified by the Secretary, letter of sale shall be issued by the Committee under the signatures of the Chairman and the Secretary on its behalf.
### 10. Power of Government.
- (i) Notwithstanding anything contained in the above rules, the Government can amend alter or rescind these rules by issuing directions, instructions or orders to the committee from time to time or by framing new rules.
(ii) Notwithstanding anything contained in the above rules the Government reserves the right to allot to any person or any institution any piece of land for any purpose on such terms and conditions as Government decide.
Details of Development charges for the proposed township near R.P.S. Colony, Rawat Bhata.
| | | |
| --- | --- | --- |
|
1
|
Land Acquisition 23.27 acre @ per acre Rs.60/-
|
Rs. 1396.20
|
|
2
|
Site Development As per details attached
|
Rs.5100/-
|
|
3
|
Road and culverts etc.
|
Nil
|
|
|
4
|
Storm water drain and nallah: Nali 3200 Rft @ Rs.200/- per RFT
Nalla/700 RFT @ Rs.400/- per rft.
|
Rs.9200/-
|
|
5
|
Horticulture & Plantation 130 Nos. tree @ Rs.30/-each
|
Rs.3900/-
|
|
6
|
Misc. work including park etc.
|
Rs.20.000/-
|
|
7
|
Water Supply The colony pipe line will be extended and only
one tank has to be erected
|
Rs.60,000/-
|
|
8
|
Sewage system Septic tank and soak pits will be provided by
the allottees themselves
|
Nil
|
|
|
9
|
Electrification
|
Nil
|
|
|
10
|
Administrative charges 10% total of item Nos. 2 to 6
|
Rs. 1820/-
|
|
11
|
Contingency charges and works charges establishment and T&P
2% of item No. 1 to 11
|
Rs.2028/-
|
|
12
|
Audit charges 2½% of item No. 1 to 11
|
Rs. 2586
|
|
13
|
Maintenance charges 1 % on item No. 1 to 9
|
Rs. 996/-
|
|
14
|
Interest on the expenditure 6% interest on item No. 1 to 9 for
2 years
|
Rs. 11952/-
|
|
|
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Rs.1,18,978/\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
|
Say Rs. 1.20,000.00
|
Details of site Development Charges:
The land which has been selected for new Market Area is very isolated, rocky and in some portion there is a thick jungle. For remaining the stones cutting and up rooting the trees and levelling up the undulated ground the following provisions have been taken:
| | | |
| --- | --- | --- |
|
(a) |
For removing the stone lying on the surface of the ground:100
Nos. Beldars @ Rs. 85/- p.m.
|
Rs.2125/-
|
|
(b) |
Cutting and uprooting of trees up to 3" to 6" dia.
1000 Nos. @ Rs. 0.50 each
|
Rs. 500/-
|
|
|
6" to 1" dia 500 Nos. @ Re. 1/- each
|
Rs.500/-
|
|
(c) |
Cutting and uprooting of trees up to 12" to 18"
dia-200 Nos.@ Rs. 2.50 each
|
Rs. 500/-
|
|
(d) |
Levelling up to the undulated ground by earth and stone
debris etc., transportation of earth and stores debris etc., 50
trips i.e., 500 K.M. @ Rs.2.00 per K.M.
|
Rs. 1000/-
|
|
|
10 beldars for a week @Rs. 85/- p.m.
|
Rs. 212.50
|
|
(e) |
Demarcation 10 beldars for a week @ Rs. 85/- p.m.
|
Rs. 212.50
|
|
|
Petty purchases such as coconut rope, lime etc. and unforeseen
items
|
Rs.200/-
|
|
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_Rs.50,50.00\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
|
|
Say Rs. 51.00/-
|
|
|
65ba3cceab84c7eca86ead73 | acts |
State of Manipur - Act
------------------------
Manipur Agricultural Credit Operations & Miscellaneous Provision (Banks) Act, 1976
------------------------------------------------------------------------------------
MANIPUR
India
Manipur Agricultural Credit Operations & Miscellaneous Provision (Banks) Act, 1976
====================================================================================
Act 15 of 1976
----------------
* Published on 10 September 1976
* Commenced on 10 September 1976
Manipur Agricultural Credit Operations & Miscellaneous Provision (Banks) Act, 1976
(Act
No. 15 of 1976
)
Last Updated 18th February, 2020
[Dated 10.09.1976]
Preamble. - An Act to make provisions to facilities adequate flow of credit for Agricultural Production and development through banks and other institutional credit agencies and for matters connected therewith and/ or incident thereto.
Be it enacted by the Legislative of Manipur in Twenty seventh Years of Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Manipur Agricultural Credit Operations and Miscellaneous Provisions (Bank) Act 1976.
(2) It shall extended to the whole of the State of Manipur.
(3) It shall come into from such date as the State Government may, by notification, in the State Gazette, appoint in this behalf and different dates may be appointed for different provisions of Act and for different portions of the State.
### 2. Definitions.
- In this Act, unless the context otherwise requires -
(a) "Agriculture" and "agricultural purpose" shall include making land fit for cultivation, cultivation of land, improvement of land including development of sources of irrigation, raising and harvesting of crops, horticulture, forestry, planting and farming, seed farming, pisciculture, apiculture, sericulture, piggery, poultry farming and such other activities as are generally carried on by agriculturists, dairy farmers, cattle breeders, poultry farmer and other categories of persons engaged in similar activities including marketing of agricultural products their storage and transport and the acquisition of implements and machinery in connection with any such activities and such other purposes as the State Government may, by notification in the official gazette, specify.
(b) "Agriculturist" means a person who is engaged in agriculture or who desires to be engaged himself in agriculture.
(c) "Agro-Industries Corporation" means a company or other body corporate one of the principal objects of which is to undertake activities connected with or intended for the development of agriculture and not less than fifty one per cent of the paid up share capital of which is held by the Central Government or by any State Government or Governments or Partly by the Central Government and partly by one or more State Governments.
(d) "Bank" means; -
(i) a banking company as defined in the Banking Regulation Act, 1949 :
(ii) The State Bank of India constituted under the State Bank of India Act, 1955 :
(iii) a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act 1959;
(iv) a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.
(v) a Regional Rural Bank established under sub-section (1) of Section (3) of the Regional Rural Banks Ordinance, 1975 (13 of 1975) ;
(vi) any banking institution notified by the Central Government under Section 51 of the Banking Regulation Act, 1949,
(vii) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963,
(viii) the Agro- Industries Corporation as defined in Sub-Section (c);
(ix) Agricultural Finance Corporation Limited a company incorporated under the Companies Act, 1956; and
(x) any other financial institution notified by the State Government in the Official Gazette as a Bank for the purpose of this Act.
(e) "Co-operative Society" means a co-operative society registered under the Co-operative Societies Act in force in Manipur from time to time, the object of which is to provide financial assistance as defined in clause (f) of this Section to its members and or avail of financial assistance as defined in clause (f) of this Section for itself and includes a Co-operative Land Mortgaged/ Development Bank.
(f) "Financial Assistance" for the purpose of this Act mean assistance granted, whether before or after the commencement of this Act, by way of loans, advances, guarantee or otherwise for agricultural purpose.
(g) "Land"
(i) includes the crop or other produce standing there on or otherwise and also includes any future crop or other produce;
(ii) in case of a tenant cultivator or cultivator not being in owner but having interest in share of crop or other produce thereon means his share of crop or other produce on such land;
(iii) includes buildings, structure, erections, sheds out-houses, fixtures and fittings thereon and therein and appurtenances thereto both present and future.
(iv) and includes water area along with its embankments, if any and stock of fish and other aquatic products therein both present and future.
### 3. Removal of restriction on alienation.
- Notwithstanding anything contained in any law for the time being in force or any custom or tradition, it shall be lawful for an agriculturist, whose rights of alienation of land or of any interest therein are restricted, to alienate the land or his interest therein, including by creation of a charge or mortgage on such land or interest in favour of a bank for the purpose of obtaining financial assistance from that bank.
### 4. State Govt. may by notification, vest, agriculturists not having alienable rights with such rights.
- Notwithstanding anything contained in any law for the time being in force, the State Government may, by notification in the Official Gazette, vest any class or classes of agriculturists not having rights of alienation in land or of any interest therein, with rights of alienation including the right to create a charge or mortgage on such land or interest in favour of a bank for the purpose of obtaining financial assistance from that bank without any restrictions, or subject to such restrictions as may be specified in the notification.
### 5. Charge on crops and other movable property in favour of a bank.
(1) It shall be lawful for an agriculturist to create a charge on the movable property owned by him or on the crops raised by him, standing or otherwise or other produce from land cultivated by him, to the extent of his interest therein, in favour of a bank, to secure financial assistance from that Bank, notwithstanding that he may not be the owner of the land on and from which the crop or other produce is raised.
(2) Notwithstanding anything in the contrary in the Co-operative Societies Act in force in Manipur from time to time or any other law for time being in force, no charge in respect of financial assistance extended by a co-operative society to an agriculturist shall have priority over a charge on the crops by him, standing or otherwise or other produce or any other movable property in respect of any financial assistance given to him by a bank, provided the financial assistance made by the bank is prior in point of time to that of the financial assistance extended by the Co-operative Society.
### 6. Creation of charge on Land in favour of a bank by a declaration.
(1) Where an agriculturist creates a charge on land, or any other immovable property which he owns or in which he has an interest in respect of any financial assistance given to him by a bank, he may make a declaration on the lines of the form set out in the Schedule hereto or as near thereto as circumstances permit, declaring that thereby he creates, in favour of the Bank, a charge on such land or his interest therein, or other immovable property as the case may be, to secure the financial assistance given to him by the bank or that may be given to him by the Bank or all future financial assistance, if any, which the Bank may give to him.
(2) A declaration made under sub- section (1) may be varied from time to time by the agriculturist with the consent of the Bank in whose favour the declaration has been made. Such variation shall take effect from such date on which the variation, if it had been an original declaration, would have effect under section 96A. Where any declaration under section 6 has been made and the amount of financial assistance secured thereby has been paid to the bank or the debt has been otherwise discharged, the Bank may issue a certificate to that effect in such form or as near thereto as the circumstances permit and in such manner as may be prescribed.
### 7. Removal of disability in creation of charges, mortgages.
- Notwithstanding anything to the contrary contained in the Co-operative Societies Act in force in Manipur from time to time or any other law for the time being in force and notwithstanding that any land or interest therein stands already charged or mortgaged to a co-operative society, it shall be lawful for an agriculturist to create a charge or mortgage on such land or interest therein in favour of a bank as security for any financial assistance given to the agriculturist by that bank or that may be given to him by the Bank or all future financial assistance if any, which the Bank may give to him.
### 8. Priority of charges and mortgages in favour of Government a bank and a co-operative society.
(1) Notwithstanding anything to the contrary in any law for the time being in force -
(a) No charge or mortgage created on any land or interest therein, after the commencement of this Act, in favour of Government or a Co-operative Society shall have priority over a charge or mortgage on such land or interest created by an agriculturist in favour of a bank as security for financial assistance given to the agriculturist by the bank after the commencement of this Act and prior to the charge or mortgage in favour of Government or the Co-operative Society; and
(b) Any charge or mortgage created on any land or interest therein in favour of a bank in respect of financial assistance given to an agriculturist by the bank shall have priority over any other charge or mortgage that may have been created over such land, or interest in favour of any person other than Government a Co-operative Society or any other Bank, prior to the date on which the charge or mortgage was created in favour of the bank.
(2) Where different charge or mortgage over the same land or interest therein have been created by an agriculturist in favour of Government, a co-operative society or a bank or more than one bank, any such charge or mortgage created as security for financial assistance given by Government, co-operative society or the bank or banks by way of term loan for development purposes shall have priority over the other charges or mortgages created in favour of Government, co-operative society or any of the banks provided prior notice of any such financial assistance by way of term loan for development purpose had been given to such Government, Co-operative Society or bank and such Government, co-operative society or bank has concurred in such financial assistance, and where more than one such charge or mortgage is as security for financial assistance given by way of term loan, the charges or mortgages by way of security for term loans for development purposes will rank for priority in accordance with the dates of their creation.
Explanation. - For the purpose of this section, "term loan for development purpose" shall mean financial assistance which would generally lead to improvement of agriculture and/ or building up of aspects in agriculture but shall not include financial assistance for meeting working capital expense/seasonal agricultural operation and marketing of crops.
(3) Nothing in the section shall apply to borrowings only from one or more co-operative societies including land mortgage banks.
### 9. Registration of charge and mortgage in favour of banks.
(1) Notwithstanding anything contained in the Registration Act, 1908, a charge in respect of which a declaration has been made under sub-section (1) of Section 6, or in respect of which a variation has been made under sub-section (2) of that section, or a mortgage executed by an agriculturist in favour of a bank in respect of financial assistance given by that bank, shall be deemed to have been duly registered in accordance with the provisions of that Act with effect from the date of such charge, variation or mortgage as the case may be provided that the Bank sends to the Sub- Registrar within the local limits of whose jurisdiction the whole or any part of the property charged or mortgaged is situate, within the times stipulated by the State Government for this purpose by registered post acknowledgement due, a copy of the document creating such charge, variation or mortgage duly certified to be a true copy by an employee of the bank authorised to sign on its behalf.
(2) The Sub-Registrar receiving the declaration in respect of a charge or variation or a mortgage referred to in sub-section (1) shall as immediately as practicable on receipt thereof, record, in a register to be maintained in this behalf, the fact of the receipt of such declaration, variation or mortgage for registration.
### 9A. Notwithstanding any contained in the Registration Act, 1908 the certificate issued by the Bank under Section 6A shall be deemed to have been duly registered in accordance with the provisions of that Act with effect from the date of signing of such certificates, provided that the bank sends to the Sub- Registrar to whom the documents referred to in Section 6(1) or 6(2) in respect of the land or immovable charged, were earlier sent, in such manner as may be prescribed, a copy of such certificate. The Sub-Registrar on receiving the certificate referred to above, as immediately as practicable on receipt thereof recorded in a register, prescribed in this behalf, the fact of receipt of such certificate.
### 9B. For the removable of doubts it is hereby declared that no duty under the Indian Stamp Act, 1899 or fee under the Registration Act, 1908 shall be payable on a declaration referred to in Section 6 and certificate referred to in Section 6A.
### 10. Nothing of charge or mortgage created in favour of a bank in the Record of Rights.
- Whenever a charge or a mortgage on land or interest therein is created in favour of a bank by an agriculturist, the bank may give intimation to the S.D.C./S.D.O. or such Revenue Official as may be designated in this behalf by the State Government, of the particulars of the charge or mortgage in its favour. The S.D.C./S.D.O. or the other, Revenue Official shall make a note of the particulars of charge or mortgage in the Records of Rights relating to the land over which the charge or mortgage has been created.
### 11. Restrictions on creation of tenancy by an agriculturist borrower.
(1) Notwithstanding anything contained in any for the time being in force, an agriculturist who has availed himself of financial assistance from a bank by creating a charge or mortgage on land or interest therein, shall not, so long as the financial assistance continues to be outstanding, lease or create any tenancy rights on such land or interest therein without prior permission in writing of the bank if he has not already leased or created tenancy rights thereon at the time of availing of the financial assistance from the bank.
(2) Any lease granted or tenancy rights created in contravention of this section shall be void.
### 12. Removal of bar to attachment and sale by process of court.
- Nothing in any law shall prevent in any manner a bank from causing any land or any interest therein charged or mortgaged to it by an agriculturist to secure any financial assistance to be attached and sold through a civil court and applying the proceeds of such sale towards all moneys due to it from that agriculturist including the costs and expenses as may be awarded by the court.
### 13. Recovery of dues of a bank through a prescribed authority.
(1) A bank may distrain and sell through an official of the State Government designated in this behalf by the State Government, the Crop or other produce or other movables charged to that Bank to the extent of the agriculturist's interest therein and appropriate the proceeds of such sale towards all moneys due to the Bank along with the cost and expenses incurred by the Bank; from the agriculturist.
(2) An official of the State Government notified by the State Government as the prescribed authority for the purpose of this section may, on the application of a bank, make an order on any agriculturist or his heir or legal representative, directing the payment of any sum due to the Bank along with the cost and expense incurred by the Bank on account of financial assistance availed of by the agriculturist, by the sale of any land or any interest therein upon which the payment of such money is charged or mortgaged.
The prescribed authority, may on the application of a bank, make an order on the surety, who has entered into a contract of guarantee directing the payment of any sum due to the Bank on account of financial assistance availed by the agriculturist, but not repaid by the latter along with cost and expense incurred by the Bank.
Provided that no order shall be made by the prescribed authority under this section for the sale of any land or any interest therein or any other immovable property upon which the payment of money is charged or mortgaged unless the agriculturist or the heir or legal representative of the agriculturist, as the case may be, has been served with a notice by the prescribed authority calling upon him to pay the amount due.
(3) The provisions of this section shall mutandis apply for recovery and satisfaction of dues of the Bank along with the costs and expense incurred by the Bank out of other assets of the borrower not charged or mortgaged to the Bank as security for the financial assistance.
(4) Every order passed by the prescribed authority in terms of sub-section (2) shall be deemed to be decree of a civil court and shall be executed in the same manner as a decree of such court.
(5) Nothing in this Section shall debar a bank from seeking to enforce its rights in any other manner open to it under any law for the time being in force.
### 14. Right of a bank to acquire and dispose of immovable property.
(1) Notwithstanding anything contained in any law for the time being in force, a bank shall have power to itself to acquire agricultural land or interest therein or any other immovable property which has been charged or mortgaged to it by an agriculturist in respect of any financial assistance availed of by him, provided the said land or interest therein or any other immovable property has been sought to be sold by public auction and no person has offered to purchase it for a price which is sufficient to pay to the bank the moneys due to it.
(2) A bank which acquires land or interest therein or any other immovable property in exercise of the power vested in it under subsection (1) shall dispose it by sale, within a period to be specified by the State Government in this behalf.
(3) If the bank has to lease out any land acquired by it under sub-section(1), pending sale thereof as indicated in sub-section(2), the period of lease shall not exceed one year at a time and the lease shall not acquire any interest in that property notwithstanding any provisions to the contrary in any other law for the time being in force.
(4) A sale by a bank of land or interest therein under the terms of this Section shall be subject to any provisions of any law in force which may place restrictions on purchase of land by non-agriculturists or ceiling for acquisition of land or by a person not belonging to a particular tribe or scheduled caste or fragmentation of land.
### 15. Exemption to banks from restriction on acquisition of land in excess of ceiling.
- Nothing in any law for the time being in force placing a ceiling limit on the holding of land shall apply to a bank acquiring land in terms of section 14 and holding such land till such time the bank is in position to sell the land in the manner provided in Section 14 or otherwise, at a price which is adequate to cover its dues.
### 16. Bank eligible to become member of a co-operative Society.
- Notwithstanding anything contained in the Co-operative Societies Act as in force in Manipur from time to time or any law for the time being in force, it shall be lawful for a bank to become a member of a Co-operative Society.
### 17. Power of Cooperative Societies to borrow from Bank.
- Notwithstanding anything contained in the Co-operative Societies Act in force in Manipur from time to time it shall be lawful for any Co-operative Society to borrow from a bank.
### 18. Inspection of book of Co-op. Society by a Bank.
(1) A bank shall have the right to inspect the books of any co-operative society which has either applied to the Bank for financial assistance or is indebted to the bank on account of financial assistance granted earlier.
(2) The inspection may be carried out by an Officer or any other member of the paid staff of the bank with the previous sanction in writing of the Registrar of Co-operative Societies.
(3) The Officer or any other member of the paid staff of the Bank, undertaking such, inspection, shall at all reasonable times, have access to the books of accounts, documents, securities, cash and properties belonging to or in the custody of the co-op. society inspected by him, and shall also be supplied by such society, such information, statements, and returns as may be required by him to assess the financial assistance to be made to the society or already made to it.
### 19. Disputes between a bank and a Co-operative Society.
(1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or the business of a co-operative society, between a bank financing a co-operative society and the co-operative society so financed, other than disputes, regarding the disciplinary action taken by the society or its committee against a paid employee of the society, shall be referred by either of the parties to the dispute to the Registrar of Co-operative Societies for decision.
(2) Where any question arises whether, for purposes of the foregoing sub-section, a matter referred to for decision, is dispute or not, the question shall be decided by the Registrar of Co-operative Societies whose decision shall be final.
### 20. Settlement of disputes.
(1) If the Registrar is satisfied that any other matter referred to him or brought to his notice is a dispute within the meaning of Section 19, the Registrar shall decide the dispute himself or refer it for disposal to a nominee or a Board of nominees appointed by him.
(2) Where any dispute is referred under the foregoing Sub-Section for decision to the Registrar's nominee or Board of nominees, the Registrar may at any time, for reasons to be recorded in writing, withdraw such dispute from his nominee or Board of nominees appointed by him.
(3) Notwithstanding anything contained in Section 19, the Registrar may, if he thinks fit, suspend proceedings in regard to any dispute if the question at issue between a co-operative society and a bank is one involving complicated question of law and act, until the question has been tried by a regular suit instituted by one of the parties to the dispute. If any such suit is not instituted within two months from the Registrar's order suspending proceedings, the Registrar shall take action as is provided in sub-section (1).
### 21. Procedure for hearing of disputes.
- The Registrar or his nominee or Board of Nominees hearing a dispute under the last preceding section shall hear the dispute in the manner that may be prescribed by the Registrar in this behalf.
### 22. Decision of Registrar or his nominee or Board of nominees.
- When the dispute is referred for decision, the Registrar or his nominee or the Board of Nominees may, after giving a reasonable opportunity to the parties to the dispute, to be heard, make an award on the dispute, and as to the expenses incurred by the parties to the dispute, in connection with the proceedings and fees, expenses payable to the Registrar or his nominee or, to the Board of nominees as the case may be. Such an award shall not be invalid merely on the ground that it was made after the expiry of the period fixed for deciding the dispute by the Registrar and shall subject to appeal or review or revision by the Co-operative Tribunal of the State, be binding on the parties to the dispute.
### 23. Recovery of money awarded.
- Every award given by the Registrar or the Registrar's nominee or the Board of Nominees under Section 22 shall, if not carried out, on a certificate signed by the Registrar, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court.
### 24. Power of a Bank to proceed against defaulting members of a co-operative society.
(1) If a co-operative society is unable to pay its debts to a Bank from which it has borrowed, by reason of its members defaulting in the payment of the moneys due by them, the bank may direct the committee of such society to proceed against such members by taking action under the co-operative society Act in force in Manipur from time to time.
(2) If the committee of the Co-operative Society fails to proceed against its defaulting members within a period of ninety days from the date of receipt of such direction from the bank, the bank itself may proceed against such defaulting members in which event, the provisions of the Co-operative Societies Act in force in Manipur from time to time, the rules and the bye-laws made there under shall apply as if all reference to the society or its committee in the said provisions, rules and bye-law were references to the bank.
(3) Where a bank has obtained a decree, or award against a co-operative society indebted to it, the bank may proceed to recover such moneys firstly from the assets of the co-operative society and secondly from the members of the Co-operative Society to the extent of their debts due to the society.
### 25. Audit, inspection & inquiry reports of societies to be available to banks.
- The Registrar of Co-operative Societies, shall draw the attention of the bank financing a co-operative society to the defects noticed in every audit or inquiry or inspection of such society conducted as per provisions of the Co-operative Societies Act in force in Manipur from time to time, and shall also supply a copy each of such audit, inquiry or inspection report if demanded, in writing, by the bank.
### 26. Exemption from legislation's relating to money-lending & agriculturists debt relief.
- Nothing in any law for the time being in force dealing money lending or agriculturists' debt relief shall apply to financial assistance availed of by an agriculturist from a bank.
### 27. Mortgages executed by Managers of joint Hindu families.
(1) Notwithstanding anything contained in any law for the time being in force, mortgages executed after the commencement of this Act by the Manager of a joint Hindu family in favour of a bank for securing financial assistance for an agricultural purpose shall be binding on every member of such joint Hindu family.
(2) Where a mortgage executed in favour of a bank is called in question on the ground that it was executed by the Manager of a Joint Hindu Family for purpose of binding on the members (whether such members have attained majority or not) thereof, the burden of providing the same shall lie on the party alleging it.
### 28. Modified application of section & of Act, XXXII of 1956.
- Section 8 of the Hindu Minority and Guardianship Act, 1956 shall apply to charge on mortgages in favour of a bank.
### 29. Power of State Government to make rules.
- The State Government may make rules to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act and all such rules shall be published in the Official Gazette.
### 30. Repealed and savings.
(1) The Manipur Agricultural Credit Operations and Miscellaneous Provisions (Banks) Ordinance, 1976 (No. 4 of 1976) shall stand repealed on the day this Act comes into force.
(2) On and from the date on which the provisions of this Act are brought into force in the State of Manipur, anything done and any step taken, (including order, scheme, rule, form or notice) and any action taken under the repealed Ordinance shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force unless and until it is superseded by anything done or any action taken in accordance with law.
Schedule
----------
Declaration Under Section 76 (1) I,.............................. (aged ...................................years) residing at .................................... being desirous of availing myself of financial assistance from the ................................. Bank make this declaration as required by Section 6 (1) of the Manipur Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1976, that I .......................................... own / have interest as a tenant in the land specified below, and I hereby create a charge on the said land/interest in land in favour of the bank for securing the financial assistance which the bank may make and for securing assistance, if any, which the bank may make to me together with interest and costs and expenses thereon.
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name of Village
|
Name of Taluka
|
Name of District
|
Survey No. City Survey No.
|
Boundaries
|
Ares
|
|
|
Plot No.
|
Plot Hissa
|
|
South East.
|
North West.
|
Acres Gun-thas.
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
As Assessment
|
Approximate Value.
|
Encumbrances if any Nature.
|
Remarks if any.
|
|
Rupees.
|
Paise.
|
Amount.
|
|
In witness whereof, I, Shri ........................................... hereunder my hand this............. day of ............... ........................ in the year one ................................................................................................. ................................................................................................
Witnesses
Signed and delivered by the above named in the presence of:
### 1. ###
2.
Signature of declarant.
Attested by
Forwarded with compliments to the Village Officer with a request to include the particulars of the charge ................................................................ created under declaration in the Record of Rights and to return to the bank for its record.
Manager / Agent
........................... Bank
Place ..................
Returned with compliments to the Manager /Agent ... ... ... ... ... ... Bank, the charge created under the declaration is duly included in record of Rights on the ... ... ... ... ... ... ... ... ... day of ... ... ... ... ... ... 19.
Village Officer.
Rewarded with compliments to the Sub-Registrar with a request to record the particular of the charge ... ... ... ... ... .........created under the declaration in his office.
Manager / Agent ... ... ... ... ... ... ... Bank.
Place ... ... ... ... ... ....
Returned with compliments to the Manager / Agent.....................Bank.
The charge created under the declaration is duty recorded.
Sub- Registrar
|
65b99871ab84c7eca86e96a4 | acts |
State of Haryana - Act
------------------------
Haryana School Teachers Selection Board Act, 2011
---------------------------------------------------
HARYANA
India
Haryana School Teachers Selection Board Act, 2011
===================================================
Act 21 of 2011
----------------
* Published on 31 October 2011
* Commenced on 31 October 2011
Haryana School Teachers Selection Board Act, 2011
(Haryana Act
No. 21 of 2011
)
Last Updated 21st January, 2020
[Dated 31.10.2011.]
Haryana Government, Law and Legislative Department
No. Leg. 26/2011. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 31st October, 2011, and is hereby published for general information :-
An Act to establish a Board for the selection of teachers for appointment to the Government schools, and selection of teacher educators, educational supervisors for School Education Department in the State of Haryana and for matter connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Haryana in the Sixty-second Year of the Republic of India as follows :-
### 1. Short title and commencement.
(1) This Act may be called the Haryana School Teachers Selection Board Act, 2011.
(2) It shall come into force on such date, as the Government may, by notification, appoint in this behalf.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Board" means Haryana School Teachers Selection Board established under section 3;
(b) "Chairman" means the Chairman of the Board and includes any other person performing, in the absence of the Chairman, for the time being, the functions of the Chairman;
(c) "Director" means the Director, School Education Department and includes Additional Director, Joint Director or Deputy Director as authorized by him in this behalf;
(d) "Education Board" means the Board of School Education, Haryana;
(e) "Educational Supervisor" means teachers appointed to such posts with various designations to man school, block, district and head quarter office dealing with school education;
(f) "Government" means the Government of the State of Haryana;
(g) "Head of Institution" means the Head Teacher, Head Master or the Principal of a School, as the case may be;
(h) "member" means a member of the Board and includes its Chairman;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "recognized university / institution" means -
(i) any university/institution established by law in India; or
(ii) any other university/ institution which is declared by the Government to be a recognised university/institution for the purposes of these rules;
(k) "School" means an institution established by the Government imparting education from primary to senior secondary level;
(l) "Teacher" means such persons appointed to regular teaching posts with various designations in school;
(m) "Teacher Educator" means teachers with various designations appointed as such in District Institute of Education and Training/State Council of Education and Research Training or any other Government Teacher Training Institution as established by the Government.
(n) "Teacher Training Institute" means a Government Training Institute imparting pre-service/in-service training to school teacher.
### 3. Establishment of Board.
- 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 Haryana School Teachers Selection Board.
### 4. Composition of Board.
- The Board shall consist of a Chairman and four other members.
### 5. Mode of appointment of chairman and members.
(1) The appointment of Chairman and members shall be made by the Government on the recommendations of the collegium which shall consist of, the Chief Secretary to Government, Haryana, Principal Secretary/Commissioner School Education, Haryana and a Vice Chancellor of any of the State Universities to be co-opted by the Chief Secretary. The collegium shall evolve its own procedure in recommending the name/ names of Chairman/ Members to the Chief Minister, who shall make the final selection for the purpose of making the appointment by the Government.
(2) No person shall be qualified for appointment as Chairman unless he -
(a) possesses a post-graduate degree from any recognized university/institution or have any other equivalent academic qualifications; or
(b) has worked on Class-I post under any State or Central Government for five years; or
(c) is or has been a Principal, Associate Professor or Professor of any College or University; or
(d) is an eminent educationist; or
(e) has been a Member of the Board for one term.
(3) No person shall be qualified for appointment as a member unless he -
(a) possesses a post-graduate degree from any recognized university/ institution or have any other equivalent academic qualifications; or
(b) has worked on Class-II post under any State or Central Government for five years; or
(c) is an eminent academician :
Provided that all the incumbents shall not be from one category.
(4) Every appointment under this section shall take effect from the date on which it is notified by the Government.
### 6. Terms and service conditions of members.
(1) Every member shall, unless he becomes disqualified for continuing as such, hold office for a term of three years or until he attains the age of 72 years, whichever is earlier :
Provided that a member may, by writing under his hand, addressed to the Government, may resign his office, but shall continue in office until his resignation is accepted by the Government.
(2) A person who holds office as a member shall, on the expiration of his term of office, be eligible for reappointment to that office for another term.
(3) The office of the members shall be whole-time and the terms and conditions of their service shall be such, as may be prescribed.
(4) The salary, allowances and perks of Chairman/members shall be the same as prescribed for Haryana Staff Selection Commission.
### 7. Power of Government to remove members.
(1) The member shall be removed from his office by the order of Government on the grounds of misbehaviour, after an inquiry by a retired High Court Judge when it is held that he ought to be removed on such ground.
(2) Notwithstanding anything contained in sub-section (1), the Government may, by order remove from office any member if he, -
(a) is adjudged an insolvent; or
(b) engages, during his term of office, in any paid employment outside the duties of his office; or
(c) in the opinion of the Government is unfit to continue his office by reason of infirmity of mind or body; or of proved misconduct.
### 8. Proceeding of Board not to be invalidated.
- No act or proceeding of the Board shall be deemed to be invalid merely on the ground of -
(i) any vacancy or defect in the constitution of the Board; or
(ii) any defect or irregularity in the appointment of a member thereof; or
(iii) any defect or irregularity in such act or proceeding not affecting the substance.
### 9. Staff.
(1) The Secretary shall belong to the cadre of Haryana Civil Services and shall be appointed by the Government on deputation for a term not exceeding five years, and other conditions of his service shall be such, as the Government may, from time to time, determine.
(2) Subject to such directions, as may be issued by the Government in this behalf, the Board may appoint such other employees, as it may think necessary, for the efficient performance of its functions under this Act and on such terms and conditions of service as the Board thinks fit.
### 10. Authentication of orders.
- All orders and decisions of the Board shall be authenticated by the signature of the Secretary or any other officer authorized by the Board in this behalf.
### 11. Powers and duties.
(1) The Board shall exercise the following powers and perform the following duties, namely :-
(i) prepare guidelines on matter relating to the method of direct recruitment of teachers, teacher educators and education supervisors for School Education Department;
(ii) conduct examinations, hold interviews and make selection of candidates for being appointed as teachers, teacher educators and education supervisors :
Provided that the Haryana Public Service Commission shall continue the process of recruitment for the posts which have been notified and already advertised;
(iii) select and invite experts and to appoint examiners or examination agencies for the purposes specified in clause (ii);
(iv) make recommendations to the Director, Elementary Education, Secondary Education or Government regarding the appointment of selected candidates Group A, B and C (excluding ministerial staff in Government schools/ Teacher Training Institutions/ offices of School Education Department;
(v) fix the emoluments and travelling and other allowances of the experts and examiners;
(vi) administer the funds placed at the disposal of the Board;
(vii) perform such other duties and exercise such other powers as may be prescribed.
(2) It shall not be necessary to consult the Board for suitability of candidates for appointment to -
(a) a temporary post, the necessity for which is declared at the time of its creation to be unlikely to continue for more than six months;
(b) a permanent post of a person temporarily for a period not exceeding six months, owing to emergent circumstances having arisen, if it is necessary in public interest to fill the vacancy immediately and there is likely to be undue delay in making appointment in consultation with the Board; and
(c) a post to be filled in by promotion or transfer.
### 12. Headquarter.
- The headquarter of the Board shall be at Panchkula or at such place, as the Government may, notify from time to time.
### 13. Power to make rules.
(1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session.
### 14. Payment.
- The Government may, after due appropriation made by law in this behalf, pay to the Board in each financial year, such sum, as may be considered necessary, for the performance of the functions of the Board.
### 15. Fun.
(1) The Board shall have its own fund, and all sums paid to it by the Government and all receipts of the Board shall be carried to the fund and all payments by the Board shall be made therefrom.
(2) All moneys belonging to the fund shall be deposited in such banks or invested in such manner, as may subject to the approval of the Government, be decided by the Board.
(3) The Board may spend such sums as it thinks fit for performing its functions and such sums shall be treated as expenditure payable out of the fund.
### 16. Annual Report.
- The Board shall prepare once every year, 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 copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before the State Legislature.
### 17. Accounts and Audi.
(1) The Board shall cause to be maintained such books of accounts and other books in relation to its account, in such form and in such manner, as the Government may, by general order direct.
(2) The Board shall as soon as may be after closing its annual accounts, prepare statement of accounts in such form and forward the same to the Accountant General, by such date, as the Government may, in consultation with the Accountant General determine, for audit under section 14 of the Comptroller and Auditor Generals' (Duties, Powers and Conditions of Service) Act, 1971 (56 of 1971).
(3) The Annual accounts of the Board together with the audit report thereon shall be forwarded to the Government and the Government shall cause the same to be laid before the State Legislature.
### 18. Delegation.
- The Board may, by regulations made under section 20, delegate to Chairman or any of its members or officers, its power of general superintendence and direction over the business transacted by or in the Board including the powers with regard to the expenditure incurred in connection with the maintenance of the office and internal administration of the Board.
### 19. Protection of action taken in good faith.
- No suit, prosecution or other proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
### 20. Power to make regulations.
- The Board may, with the previous approval of the Government, make regulations not inconsistent with the provisions of this Act or the rules made thereunder regulating fees for holding selections, conducting examination and holding interviews and laying down the procedure to be followed by the Board for discharging its duties and performing its functions.
### 21. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Power to remove 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 appear to it to be necessary or expedient for removing the difficulty.
(2) Every order made under sub-section (1) shall be laid before the State Legislature.
(3) No order under sub-section (1) shall be called in question in any Court on the ground that no difficulty, as is referred to in sub-section (1), existed or was required to be removed.
### 22. Repeal and saving.
(1) The Haryana School Teachers Selection Board Ordinance, 2011 (Haryana Ordinance No. 5 of 2011), 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.
|
65bab1b3ab84c7eca86ec5bc | acts |
State of Gujarat - Act
------------------------
The Gujarat Education Cess Act, 1962
--------------------------------------
GUJARAT
India
The Gujarat Education Cess Act, 1962
======================================
Act 50 of 1962
----------------
* Published on 9 October 1962
* Commenced on 9 October 1962
1. Amended by
[Gujarat Education Cess (Amendment) Act, 1963 (Act 26 of 1963)
on
3 May 1963
]
2. Amended by
[Gujarat Education Cess (Second Amendment) Act, 1963 (Act 43 of 1963)
on
5 November 1963
]
3. Amended by
[Gujarat Education Cess (Second Amendment) Act, 1965 (Act 29 of 1965)
on
3 December 1965
]
4. Amended by
[Gujarat Education Cess (Amendment) Act, 1970 (Act 8 of 1970)
on
4 July 1970
]
5. Amended by
[Gujarat Education Cess (Amendment) Act, 1972 (Act 17 of 1972)
on
30 August 1972
]
The Gujarat Education Cess Act, 1962
Gujarat Act
No. 50 of 1962
[Dated 9th October, 1962]
For Statement of Objects and Reasons See Gujarat Government Gazette, Part V, Pages 153 and 154.
Please see section 3 of Gujarat 29 of 1965.
Section 6 of Gujarat 8 of 1970 reads as follows:-
Savings
"6. Notwithstanding the amendments made in sections 19 and 20 of the principal Act by this Act, a person shall be entitled to recover the amount of tax under the said section 19 or, as the case may be, the amount of difference under the said section 20, in relation to the tax levied for any period prior to the commencement of this Act, whether the tax is paid before or after such commencement, as if this Act had not been passed".
Please see section 10 of Gujarat 17 of 1972.
For validation of collection and recovery of education cess by officers who were not Collectors, see Section 2 of Presi, Act No. II of 1974.
For validation of collection and recovery of education cess by officers who were not Collectors, see Section 2 Gujarat 7 of 1976.
For validation of collection of tax and penalty under the Education Cess Act in certain Cases, See Section 3 of Gujarat 3 of 1978.
An Act to provide for the creation of a fund for the promotion of education in the State of Gujarat and for the levy of education cess for the purpose and for matters connected therewith.
It is hereby enacted in the Thirteenth Year of the Republic of India as follows:-
### 1. Short title and extent.
(1) This Act may be called the Gujarat Education Cess Act, 1962.
(2) It extends to the whole of the State of Gujarat.
Chapter I
Preliminary
--------------------------
### 2. Definitions.
- In this Act, unless the context otherwise requires-
(i) "annual letting value" means the rateable value or annual letting value or gross annual letting value of lands and buildings as determined in accordance with the relevant local authority law and includes annual value as defined by section 64 of the Cantonments Act, 1924 (II of 1924):
Provided that, in the case where the property tax is assessed on any building or land on its capital value, such percentage of the capital value as may be determined by the State Government shall be deemed to be the annual letting value;
(ii) [ "City" means city as defined in the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949);]
[Clause (ii) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(iii) "Collector" includes an officer appointed by the State Government to exercise the powers and perform the functions of the Collector under this Act;
[(iii-a) "Disabled person" means a person who on account of injury, disease, physical or mental condition arising from imperfect development of any organ or otherwise, or congenital deformity is substantially handicapped in obtaining or keeping employment, or in undertaking work on his own account of a kind which apart from that injury disease, physical or mental condition or deformity would be suited to his age, experience and qualifications.]
[Clause (iii-a) was inserted by Gujarat 17 of 1972, Section 2(i) .]
(iv) [ "education cess" means-
[Clause (iv) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(i) surcharge levied under section 5 or 7; or
(ii) tax on lands and buildings levied under section 12; or
(iii) surcharge on lands and buildings levied under section [or 24D];]
(v) "lands" and "building" shall have the meanings, respectively assigned to them in the relevant local authority law;
(vi) [ "local authority" means a municipal corporation, municipality, nagar panchayat, notified area committee, village panchayat or other body constituted under the relevant local authority law;]
[Clause (vi) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(vii) "prescribed" means prescribed by rules made under this Act;
(viii) [ "property tax" means-
[Clause (viii) substituted by Gujarat 10 of 2006, dated 31s' March 2006 (w.r.e.f. 01-04-2001)]
(i) in a city, where property tax is levied under section 129 of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949), general tax, and where property tax is levied under section 14IB of that Act, property tax, and
(ii) in other urban areas a tax or rate on buildings or lands or a tax or rate in the form of such tax or rate on buildings and lands levied under the relevant local authority law;]
(ix) [ "relevant code" means the Bombay Land Revenue Code, 1879 (Bombay V of 1879);]
[Clause (ix) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(x) [ "relevant local authority law" means-
[Clause (x) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(i) in relation to a city, the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949);
(ii) in relation to a municipality and notified area, the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964);
(iii) in relation to a village panchayat, the Gujarat Panchayats Act, 1993 (Gujarat 18 of 1993);
(iv) in relation to a cantonment, the Cantonments Act, 1924 (11 of 1924);]
[(x-a) "specified disabled person" means a disabled person whose principal means of livelihood is the income from the rent of land or building situated in an urban area and owned by him, the annual letting value of which does not exceed two thousand rupees;
[Clause (x-a) and (x-b) were inserted by Gujarat 17 of 1972, Section 2(ii) .]
(x-b) "specified widow" means a widow whose principal means of livelihood is the income from the rent of land or building situated in an urban area and owned by her, the annual letting value of which does not exceed two thousand rupees;]
(xi) [ "surcharge" means a surcharge levied under section 5 or 7 or under Chapter IVA;]
[Clause (xi) substituted by Gujarat 10 of 2006, dated 31s\* March 2006 (w.r.e.f. 01-04-2001).]
(xii) "tax" means a tax on lands and buildings levied under section 12;
(xiii) "tenement" means a building or part of a building let or intended to be let or occupied separately;
(xiv) [ "urban area" means an area which is for the time being included in the limits of a city, transitional area, small urban area, notified area, or cantonment under the relevant local authority law and the population of which is not less than fifteen thousand;]
[Clause (xiv) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001)]
Explanation: - For the purpose of this clause, "population" means population as ascertained at the last preceding census.
(xv) "village industry" means an industry which is a village industry within the meaning of the Bombay Khadi and Village Industries Act, 1960 (Bombay XIX of 1960);
(xvi) "village site" means the site of a village, town or city determined under section 126 of the relevant Code;
(a) so far as the provisions of this Act relate to a surcharge on lands have the meanings assigned to them in the relevant Code and the rules made thereunder, and
(b) so far as the provisions of this Act relate to a tax on lands and buildings shall have the meanings assigned to them in the relevant local authority law;
Chapter II
Education Cess and the State Education Cess Fund
----------------------------------------------------------------
### 3. Education Cess.
- For the purpose of providing for the cost of promoting education in the State of Gujarat, there shall be levied and collected, in accordance with the provisions of this Act an education cess which shall consist of-
(a) [ a surcharge levied on lands under section 5 or 7;
[Substituted by Gujarat 5 of 2007, dated 30th March 2007.]
(b) a tax on levied on lands and buildings under section 12;
(c) a surcharge levied on lands and buildings under section 24A or 24D.]
### 4. State Education Cess Fund.
(1) The proceeds of the education cess and penalties (other than fines) recovered, under this Act, shall first be credited to the Consolidated Fund of the State; and after deduction of the expenses of Collection and recovery therefrom shall under appropriation duly made by law in this behalf, be entered in, and transferred to, a separate fund called the State Education Cess Fund.
(2) Any amount transferred to the State Education Cess Fund under sub-section (1) shall be charged on the consolidated Fund of the State.
(3) The amount in the State Education Cess Fund shall be expended in such a manner and under such conditions as may be prescribed, for the purposes mentioned in section 3.
Chapter III
Surcharge on Lands
-----------------------------------
A. Surcharge on Agricultural Lands
### 5. Levy of surcharge on agricultural lands.
(1) Subject to the provisions of this Act, with effect from the revenue year commencing on the 1st day of August, 1962, on all lands (except lands includes within a village site and not assessed to land revenue) which are assessed or held for the purpose of agriculture, and not used for any purpose unconnected with agriculture there shall be levied a surcharge at the following rates, that is to say,-
Where the sum assessed on such land or otherwise payable to the State Government as Land revenue is-
[(i) not more than fifty rupees, twenty paise on every rupee of such sum.
(ii) more than fifty rupees, twenty five paise on every rupee of such sum;]
Provided that where any such land-
(i) is wholly or partially exempt from payment of land revenue, a sum which would have been assessed on such land, had there been no alienation of land revenue, or
[(i-a) is held by a small holder as defined in the Explanation to section 45 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), and no land revenue is payable in respect thereof under the said section 45 a sum which would have been payable as land revenue by such small holder in respect thereof, had land revenue been payable by such holder; or]
[Clause (ia) was inserted by Gujarat 25 of 1972, Section 4 (w.r.e.f. 01-08-1972).]
(ii) is liable to the payment of land revenue but is unassessed, a sum which would have been assessed on such land as land revenue, shall be treated as the sum, on every rupee of which the surcharge shall be leviable.
[\*\*\*]
[Sub-section (1A) deleted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(2) For the purposes of this section "land revenue" shall include water rate levied under section 55 of the relevant Code but shall not include-
(a) penalties and fines including any charge imposed under section 148 thereof as penalty or interest in case of default and any fine levied under section 65 thereof,
(b) occasional fixed payments, in commutation of all claims of the State Government in respect of a succession to or transfer of imams payable on each such succession or transfer.
(c) land revenue on service inam lands recovered from inferior village servants for periods of unauthorised absence from service and all other such charges of assessment inam and watans for broken periods and past years, and
(d) fees for grazing when charged per head of cattle.
(3) For the purposes of this section, grass land, that is to say, land on which grass grows naturally or grass is raised, shall be deemed to be land used for the purpose of agriculture.
[Explanation.
[This Explanation shall be, and shall be deemed always to have been added by Gujarat 26 of 1963, section 2.]
- In this section "alienation of land revenue" includes any concession granted by or under any law for the time being in force so as to render any land not liable to the payment of any revenue or liable to the payment of land revenue at a sum lower than the sum of full assessment leviable on such land; and such land shall be deemed to be wholly or, as the case may be, partially exempt from the payment of land revenue for the purpose of this section]
[This portion was substituted for the portion beginning with the words 'there shall be levied' and ending with the words 'payable to the State Government as land revenue' by Gujarat 14 of 1977, Section 2(1) (w.e.f. 01-08-1977).]
### 6. Assistance to superior holders.
- The provisions of law relating to the assistance to be given to superior holders for the recovery of their dues from their tenants and occupants under them, shall be applicable to all superior holders, whether of alienated or unalienated land in respect of the recovery of the surcharge described in section 5 from their tenants, or occupants and shall be applicable also to occupants of land under the relevant Code, for the recovery of the said surcharge from their tenants or joint occupants.
B. Surcharge on Lands used for Non-Agricultural Purposes.
### 7. Levy of surcharge in addition to non-agricultural assessment in respect of certain lands.
- Notwithstanding any usage, custom or settlement or anything contained in any agreement, sanad or order or a decree or order of a court or any law for the time being in force, on all unalienated lands on which non-agricultural assessment is levied under the relevant Code and on all alienated lands (except lands included within a village site) which are used, or may hereafter be used for a purpose unconnected with agriculture, there shall be levied and collected a surcharge at the rate of-
(i) 12.50 per cent of the amount of non-agricultural assessment so levied or as the case may be which would have been leviable had there been no alienation of land revenue if, the land be used for a residential purpose or [for a village industry or for]
[These words shall be, and shall be deemed always to have been inserted by Gujarat 26 of 1963, Section 3(i) .]
any purpose other than trade, commerce or industry or the carrying on of a profession or business and be situate in an area where the rates of non-agricultural assessment under the relevant Code have been fixed or revised within three years immediately preceding the 1st day of August 1962;
(ii) 25 per cent of the amount of non-agricultural assessment so levied or leviable, if the land be used for a residential purpose or for a village industry or for any purpose other than trade, commerce or industry or the carrying on of a profession or business, and be situate in any area to which clause (i) does not apply;
(iii) 50 per cent of the amount of non-agricultural assessment so levied or leviable, where the land is used for any industry other than a village industry;
(iv) 75 per cent of the amount of non-agricultural assessment so levied or leviable, where the land is used for a commercial purpose or for the purpose of [any trade, profession]
[These words shall be, and shall be deemed always to have been substituted for the words 'any profession' by Gujarat 26 of 1963, Section 3(ii) .]
or business:
Provided that where any land is simultaneously used for two or more purposes and the part used for each such purpose is not separable, the surcharge shall be levied at the highest rate applicable in relation to any of the purposes for which the land is used.
(1A)
[ Where any land is leased by the Government for a purpose unconnected with agriculture and under the terms of such lease no non-agricultural assessment is leviable on such land, then, notwithstanding anything contained in the terms of such lease, there shall be levied and collected on such land a surcharge at the rate specified in sub-section (1) on the amount which would have been assessed on such land as non-agricultural assessment had such assessment been leviable thereon.]
[Sub-section (1-A) was inserted by Gujarat 17 of 1972, Section 3.]
(2) In the case of land on which because of its non-agricultural use the surcharge becomes leviable at the commencement of this Act, the surcharge under sub-section (1) shall be levied and collected with effect from the revenue year commencing on the 1st day of August, 1962 and in any other case it shall be levied from the commencement of the revenue year during which the land becomes liable for the payment of the surcharge.
### 8. Collector to determine questions as to nature of use of land.
- Should any question arise under section 7 as to the nature of use of any land, the Collector shall after holding summary inquiry, decide the question.
C. General Provisions Applicable to all Categories of Surcharges.
### 9. Manner of levying surcharges.
- The surcharge on lands described in section 5 or 7 shall be levied, so far as may be in the same manner and under the same provisions of law, as the land revenue.
Provided that in the case of land in the possession of a tenant liable to pay the land revenue thereon under the provisions of the relevant Code, he shall be primarily liable for payment of the surcharge on it under section 5.
### 10. Right of holder to recover amounts of surcharge on non-agricultural assessment from actual occupiers.
- Where any land which is liable to a surcharge under section 7 or a portion thereof or any building constructed thereon or any tenement therein or any part thereof is not in the occupation of the person primarily liable to pay the non-agricultural assessment and surcharge by virtue of the land or portion thereof or of the building or tenement or part of the building being let, then notwithstanding anything contained in any agreement or order or a decree or order of a Court or any law for the time being in force but without prejudice to the primary liability of such person as aforesaid, such person shall be entitled to recover an amount equal to the amount of surcharge from the person in actual occupation of the land or portion thereof for the building, tenement or part of the building in proportion to the area in the occupation of the person, as if the person in actual occupation were liable to pay the surcharge.
### 11. [ Rounding up of amount of surcharge.
[Section 11 substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
- In computing the amount of surcharge payable under this Chapter, any amount less than fifty paise shall be ignored and any amount which is fifty paise or more shall be increased to one rupee.]
Chapter IV
Tax on Lands and Buildings
------------------------------------------
### 12. Tax on lands and buildings.
- [(1) Subject to the provisions of this Act, there shall be levied and collected with effect from the 1st day of April, 1970, [a tax on lands and buildings situated in an urban area where tax on lands and buildings is levied and collected on the basis of annual letting value, at the following rates, that is to say-]
[Sub-section (1) was substituted by Gujarat 8 of 1970, Section 2.]
(a) where a building or land is used for residential purposes or any purpose other than trade, commerce or industry or the carrying on of a profession or business-
(i) if the annual letting value thereof exceeds three hundred-rupees but does not exceed one thousand rupees, at the rate of three per cent, of the annual letting value;
(ii) if the annual letting value thereof exceeds one thousand rupees but does not exceed two thousand and five hundred rupees, at the rate of five per cent, of the annual letting value;
(iii) if the annual letting value thereof exceeds two thousand and five hundred rupees but does not exceed four thousand and five hundred rupees, at the rate of six per cent, of the annual letting value; [\*\*]
[The word 'and' deleted by Gujarat 14 of 1977, Section 3(1) (a) (w.r.e.f. 01-04-1977).]
(iv) [ if the annual letting value thereof exceeds four thousand and five hundred rupees but does not exceed six thousand rupees, at the rate of seven per cent, of the annual letting value; and
[Sub-clauses (iv) and (v) were substituted for clause (iv) by Gujarat 14 of 1977, s 3(1) (b).]
(v) if the annual letting value thereof exceeds six thousand rupees, at the rate of ten per cent, of the annual letting value, and]
(b) [ where a building or land is used for the purpose of trade, commerce or industry or the carrying on of a profession or business-
[Clause (b) was substituted by Presi. Act. No. 9 of 1976, Section 2.]
(i) if the annual letting value thereof exceeds three hundred rupees but does not exceed one thousand rupees, at the rate of seven per cent, of the annual letting value;
(ii) if the annual letting value thereof exceeds one thousand rupees but does not exceed two thousand rupees and five hundred rupees, at the rate of eleven per cent, of the annual letting value;
(iii) if the annual letting value thereof exceeds two thousand and five hundred rupees but does not exceed four thousand and five hundred rupees, at the rate of fourteen per cent, of the annual letting value;
(iv) [ if the annual letting value thereof exceeds four thousand and five hundred rupees but does not exceed six thousand rupees, at the rate of sixteen per cent, of the annual letting value;
(v) if the annual letting value thereof exceeds six thousand rupees, at the rate of twenty per cent, of the annual letting value.]
[Provided that on any such land or building owned by a specified widow or a specified disabled person, the tax shall be levied and collected at half of such rate:
Provided further that no tax shall be levied on such land or building if it is actually occupied by such widow, or, as the case may be, disabled person, or if it is unlet.]
[These provisos were added by Gujarat 17 of 1972, Section 4.]
(2) Where any building consists of more tenements than one, irrespective of such tenements not being separately assessed to the property tax, the tax under this section shall be assessed on the annual letting value of each such tenement as if it were a building.
(3) Where any land, building, tenement or a part of a building is separately assessed to tax but is simultaneously used for two or more purposes mentioned in sub-section (1), the tax under this section shall be levied at the highest rate applicable in relation to any of the purposes for which the land, building, tenement or part of the building is used.
(4) [ In computing the amount of tax payable under this section, any amount less than fifty paise shall be ignored and any amount which is fifty paise or more shall be increased to one rupee.]
[Sub-section (4) substituted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
### 13. Exemption of certain lands and buildings from payment of tax.
- The tax under section 12 shall not be leviable in respect of the following, that is to say-.
(1) buildings and lands vesting in the Central Government;
(2) buildings and lands vesting in the State Government or belonging to local authority, local board, taluka panchayat, district panchayat or a Cantonment Board and used solely for public purposes, and not used or intended to be used for the purposes of profit;
(3) any building or land or class of buildings or lands which the [State Government, if it considers it necessary to do so in the public interest, may]
[These words were substituted for the words 'State Government may' by Gujarat 8 of 1970, Section 3.]
by notification in the Official Gazette, exempt from payment of the tax under section 12;
Provided that -
(i) every such notification shall be laid for not less than thirty days before the State Legislature as soon as possible after it is published, and shall be subject to rescission by the State Legislature, or to such modification as the State Legislature may make, during the session in which it is so laid or the session immediately following; and
(ii) any rescission or modification so made shall be published in the Official Gazette and shall thereupon take effect.
### 14. Primary responsibility for tax on lands and buildings.
(1) Where the actual occupier of any land or building is the owner thereof or holds it on a building or other lease granted by or on behalf of Government or a local authority or on a building lease from any person, then the tax shall be leviable primarily on such occupier.
[Provided that [in an urban area]
[This proviso shall be, and shall be deemed always to have been added by Gujarat 43 of 1963, section 2.]
, if any land has been let for any term exceeding one year to a tenant and such tenant has built upon the land, the tax assessed upon the said land and upon the building erected thereon shall be primarily leviable from the said tenant or any person deriving title from the said tenant by the operation of law or by assignment or transfer but not by sub-lease or the legal representative of the said tenant or person, whether the premises be in the occupation of the said tenant or person or legal representative or a sub-tenant.]
(2) In any other case, the said tax shall be leviable primarily as follows, that is to say-
(a) if the land or building is let, upon the lessor;
(b) if the land or building is sub-let, upon the superior lessor;
(c) if the land or building is unlet, upon the person in whom the right to let vests.
### 15. Authorities competent to collect tax, etc.
(1) The tax under section 12 shall be collected -
(a) in the Cantonment of Ahmedabad, by the Collector of Ahmedabad; and
(b) in other urban areas, by the respective local authorities concerned:
Provided that where a local authority is not for the time being levying a property tax or where a local authority has made a default in the collection of the tax or payment thereof to the State Government, the State Government may by order direct that the tax shall be collected by the Collector.
(2) The collection of the tax (including any penalty) under this Act shall be made-
(a) in the Cantonment of Ahmedabad, by the Collector of Ahmedabad; and
(b) in other urban areas, in the same manner in which the property tax is collected in that area under the relevant local authority law or where a direction under clause (b) of sub-section (1) has been issued in such manner s may be prescribed.
(3) The collection of the tax and the recovery of penalty under this Act on behalf of any local authority shall be made by the appropriate authority appointed to collect the property tax on behalf of such local authority under the law under which the local authority is constituted.
(4) The local authority shall, in respect of the cost of collection of the tax, be entitled to such rebate as may be prescribed, and different rates of rebate may be provided for different urban areas.
### 15A. []
[Section 15A was inserted by Gujarat 17 of 1972, Section 5.]
Issue of certificate to specified disabled person and specified widow.
- Every person claiming to be a specified widow, or a specified disabled person for the purposes of this Act shall apply to the officer authorised by the State Government in the prescribed form for the issue of a certificate that the person so claiming is a specified widow or a specified disabled person, as the case may be.
(2) On receipt of such application, the officer so authorised shall, after making such inquiry as he deems fit, decide whether such person is a specified widow or a specified disabled person, as the case may be, and the decision of such officer shall, subject to an appeal to the State Government, be final.
(3) If the officer decides that such person is a specified widow, or as the case may be, a specified disabled person, he shall issue a certificate to that effect in the prescribed form to such person.
(4) Notwithstanding anything contained in sub-sections (1), (2) and (3), if at any time, on receipt of an application or otherwise, the State Government or the officer authorised by the State Government under sub-section (1) is satisfied after making such inquiry as may be thought fit and giving reasonable opportunity to be heard to the person concerned, that any person to whom a certificate given under sub-section (3) has ceased to be a specified widow, or as the case may be, a specified disabled person, the State Government or such officer may, by order in writing, direct that with effect from such date as may be specified in the order such person shall cease to be a specified widow, or, as the case may be, specified disabled person, and thereupon any certificate granted to such person under sub-section (3) shall stand revoked and such person shall be bound to surrender the same to the State Government.]
### 16. Penalty for failure to pay tax.
(1) If any person, on being served with a notice of demand for the collection of tax in pursuance of the provisions of section 15, fails to pay within the period mentioned in the notice, any amount due from him on account of tax, the local authority, Collector or, as the case may be, the Collector of Ahmedabad, on being satisfied that such person has wilfully failed to pay the tax, may, subject to the general or special orders of the State Government, recover from him as penalty a sum not exceeding one fourth of the amount of the tax so unpaid, in addition to the amount of tax payable by him.
(2) Sums recoverable under this section shall be recovered in the manner provided in section 15 for the collection of tax.
### 17. Tax to be first charged on lands and buildings on which it is leviable.
- Notwithstanding anything contained in any law and notwithstanding any rights arising out of any contract or otherwise howsoever, all sums due as tax or penalty, in respect of any land or building shall, subject to prior payment of the land revenue (if any), thereon, due to the State Government be a first charge
(a) in the case of any land or building held immediately from the Government, upon the interest in such land or building of the person liable for such tax or penalty, and upon the goods and other movable property, if any, found within or upon such land or building and belonging to such person; and
(b) in the case of any other land or building, upon such land or building and upon the goods and other moveable properties, if any, found within or upon such land or building and belonging to the person liable to pay such tax or penalty.
### 18. Recovery of tax from occupier of portion of land or building.
- On the failure to recover any sum due on account of tax from the person primarily liable therefor, there may be recovered from the occupier of any part of the land or building in respect of which the tax is due, such portion thereof as bears to the total amount of the tax due the same ratio which the rent annually payable by such occupier bears to the aggregate amount of the annual letting value thereof.
### 19. Person liable to pay tax entitled to recover the amount from occupier of land or building, etc.
- [(1) If any person from whom under the provisions of section 12, the tax is leviable pays the tax in respect of any land or building, he shall, if he be not himself in occupation thereof during the period for which he has paid the tax, be entitled to recover from the person, if any, in actual occupation of such land or building for such period, -
(a) an amount not exceeding half the amount of the tax, if such land or building is used for the public charitable purposes by a public trust registered under the Bombay Public Trusts, Act, 1950 (Bombay XXIX of 1950), or for residential purposes,
(b) full amount of the tax, if such land or building is used for the purposes of trade commerce or industry or carrying on of profession or business or for the purposes other than those specified in clause (a).]
(2) Where tax is paid in respect of any building consisting of more tenements than one, by the person primarily liable or on his behalf, he shall be entitled to recover, [from the occupiers of the tenements [amounts recoverable under the provisions of sub-section (1) pro rata to the amount of rents for which each such tenement are let:]
[These words were substituted for the words 'from the occupiers of the tenements the amounts paid', by Gujarat 8 of 1970, Section 4(2) .]
[Sub-section (1) was substituted for the Original b Gujarat 15 of 1980, Section 2(1).]
[Provided that, if the person who has paid tax under the provisions of section 12 is a specified widow or a specified disabled person, such widow or disabled person shall be entitled to recover the full amount paid by her, or as the case may be, him, from the person in occupation of the land, building or tenement, as the case may be, in respect of which the tax has been so paid.]
[This proviso was inserted by Gujarat 17 of 1972, Section 6.]
[Provided further that]
[These words were substituted for the words 'Provided that', by Gujarat 17 of 1972, Section 6.]
, no such recoveries shall be made in respect of -
(a) any tenement in occupation of such person or any person acting on his behalf, or
(b) any tenement the tax on which by the terms of the tenancy, such person has agreed to pay for its occupier.
(3) The recovery of any amount of tax from an occupier under this section shall not be deemed to be an increase for the purposes of section 7 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVI1 of 1947), or any law corresponding thereto.
### 20. Apportionment of liability for tax when lands or buildings are let and rateable value exceeds the amount of rent.
(1) If any land or building assessed to tax is let, and the rateable value thereof exceeds the amount of rent payable in respect thereof to the person from whom under the provisions of section 14 the tax is leviable, he shall be entitled to recover [from his tenant not more than half of the difference]
[These words were substituted for the words 'from his tenant the difference' by Gujarat 8. of 1970, section. 5(1) .]
between the amount of the tax levied upon him and the amount which would have been leviable had the tax been calculated on a rateable value equal to the amount of rent payable to him.
[Provided that where such person is a specified widow or a specified disabled person, he or she, as the case may be, shall be entitled to recover from the tenant not more than the full amount of such difference.]
[This proviso was added by Gujarat 17 of 1972, Section 7.]
(2) Where such land or building had been sublet and the rateable value exceeds the rent recoverable by the tenant from the sub-tenant, the tenant shall be entitled to recover [from his sub-tenant not more than half of the difference]
[These words were substituted for the words 'from his sub-tenant the difference' by Gujarat 8. of 1970, Section 5(2) .]
between the amount of tax levied and the tax which would have been leviable had it been calculated on a rateable value equal to such rent:
Provided that the amount recoverable shall not exceed the amount recovered from the tenant or under the provisions of sub-section (1) .
(3) Where such land or building is held by a person holding under a sub-tenant, the provisions of sub-section (2) shall apply mutatis mutandis as if the sub tenant had been the tenant and such person the sub-tenant.
### 21. Rights and remedies for recovery of sums under section 19 or 20.
- Any person entitled to recover any sum under section 19 or 20 shall have for the recovery thereof, the same rights and remedies as he would have if such sum were rent payable to him by the person from whom he is entitled to receive the same.
### 22. Amount recoverable under section 19 or 20 to exclude in computing annual letting value.
- Any amount which is liable to be recovered under section 19 or 20 shall not be deemed to be a part of the rent of the land, building, tenement or part of the building for the purpose of computing the annual letting value thereof for the purpose of the levy of any property tax or a tax under this Act.
### 23. Remission and refunds.
(1) Where any land or building is assessed to tax, and if in respect of such land or building or portion thereof, a draw-back (if any) or remission or refund of property tax is sanctioned or granted on or after the 1st day of August, 1962 under the relevant local authority law, then the local authority, or as the case may be, the Collector shall remit or refund such portion of the tax, in such manner and subject to such conditions as may be prescribed.
(2) [ Where any building assessed to tax is situated in a city and if such building or any portion thereof is demolished or removed otherwise than by order of the Municipal Commissioner and notice in respect of such demolition or removal has been given to the Commissioner under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949), the municipal corporation of the city shall remit or refund such portion of the tax in such manner and subject to such conditions as may be prescribed.]
[Sub-section (2) substituted by Gujarat 10 of 2006, dated 315t March 2006 (w.r.e.f. 01-04-2001).]
(2A)
[ Where any building assessed to tax is situated in the municipal borough area and if such building or any portion thereof is demolished or removed otherwise than by an order of the Chief Officer and notice in respect of such demolition or removal has been given to the Chief Officer under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964), the municipality shall remit or refund such portion of tax in such manner and subject to such conditions as may be prescribed.]
[Sub-section (2A) inserted by Gujarat 5 of 2007, dated 30th March 2007.]
(3) The burden of providing the facts entitling any person to claim relief under this section shall lie upon him.
### 23A. [ Suspension of collection of surcharge under section 5 in certain circumstances.
[Section 23A was inserted by Gujarat 17 of 1972, Section 8.]
- Whenever from any cause the payment of the whole land revenue payable to Government in respect of any land or in respect of lands assessed for agriculture in any area is suspended, the collection of surcharge leviable under section, 5 shall in respect of such land, or, as the case may be, in respect of all lands described in section 5 which are situated in such area, be suspended for the period for which the payment of land revenue is suspended.]
### 24. Default of local authority in collecting tax.
(1) If any local authority makes default in the collection or payment to the State Government of any sum due in respect of the tax on lands and buildings under this Act, the State Government may, after holding such inquiry as it thinks fit, fix a period for the collection or payment of such sum or direct the recovery of the tax in such manner as may be prescribed.
(2) If the collection or payment of the sum is not made within the period so fixed the State Government may, notwithstanding anything contained in any law relating to the funds vesting in such local authority or any other law for the time being in force, direct any bank in which any moneys of the local authority are deposited or the person in charge of the Government treasury or of any other place of security in which the moneys of such local authority are deposited, to pay such sum from moneys as may be standing to the credit of the local authority in such bank, or as may be, in the hands of such person or as may from time to time be received from or on behalf of the local authority by way of deposit by such bank or person; and such bank or person shall be bound to obey such order.
(3) Every payment made pursuant to an order under sub-section (2) shall be a sufficient discharge to such bank or person from all liability to the local authority in respect of any sum so paid by it or him out of the moneys of the local authority so deposited with such bank or person.
[Chapter IVA]
[Chapter IVA inserted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
Surcharge on Lands and Buildings [In The City Area]
[These words were added by Gujarat 5 of 2007, dated 30th March 2007.]
### 24A. Levy of surcharge.
(1) In a city where property tax is levied and collected on the basis of carpet area under section 14IB of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949), there shall, subject to the provisions of this Act, be levied and collected with effect from the 1st day of April, 2001, a surcharge on lands and buildings in such city at the following rates, namely:-
(a) Where a building or land is used for residential purpose or any purpose other than trade, commerce or industry or the carrying on of a profession or a business-
(i) if the property tax exceeds two hundred rupees but does not exceed five hundred rupees, at the rate of five per cent of the property tax;
(ii) if the property tax exceeds five hundred rupees but does not exceed three thousand rupees, at the rate of ten per cent of the property tax;
(iii) if the property tax exceeds ten thousand rupees, at the rate of fifteen per cent of the property tax; and
(b) where a building or land is used for the purpose of trade, commerce or industry or the carrying on of a profession or business,~
(i) if the property tax exceeds two hundred rupees but does not exceed five hundred rupees, at the rate of ten per cent of the property tax;
(ii) if the property tax exceeds five hundred rupees but does not exceed three thousand rupees, at the rate of twenty per cent of the property tax;
(iii) if the property tax exceeds three thousand rupees, at the rate of thirty per cent f the property tax:
Provided that on any such land or building owned by a specified widow or a specified disabled person, the surcharge shall be levied and collected at half of such rate:
Provided further that no surcharge shall be levied on such land or building if it is actually occupied by such widow or, as the case may be, disabled person, or if it is unlet.
(2) Where any land, building, tenement or a part of a building is separately assessed to property tax but is simultaneously used for two or more purposes mentioned in sub-section (1), the surcharge under this section shall be levied at the highest rate applicable in relation to any of the purposes for which the land, building, tenement or a part of a building is used.
(3) In computing the amount of surcharge payable under this section, any amount less than fifty paise shall be ignored and any amount which is fifty paise or more shall be increased to one rupee.
### 24B. Authority competent to collect surcharge.
(1) The surcharge (including any penalty) shall be collected by the Municipal Corporation of the city in the same manner in which the property tax is collected in the city under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949).
(2) The collection of surcharge and recovery of penalty on behalf of the Municipal Corporation of the city shall be made by the appropriate authority appointed to collect the property tax on behalf of the Corporation under the Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949).
(3) The Municipal Corporation of the city shall in respect of the cost of collection of the surcharge be entitled to such rebate as may be prescribed.
### 24C. Application of certain sections to levy of surcharge.
- The provisions of sections 13, 14, 15A, 16, 17, 18, 19, 21, 23 and 24 shall apply in relation to surcharge levied under section 24A subject to modifications specified in the Schedule.]
[Chapter IVB]
[Chapter IVB inserted by Gujarat 5 of 2007, dated 30th March 2007.]
Surcharge on Lands and Buildings in The Municipal Borough Area
### 24D. Levy of surcharge.
(1) In a Municipal borough area where property tax is levied and collected on basis of carpet area under section 99A of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964), there shall, subject to provisions of this Act, be levied and collected a surcharge on lands and buildings in such Municipal Borough area at the following rates, namely:-
(a) where a building or land is used for residential purpose or any purpose other than trade, commerce or industry or the carrying on of a profession or business-
(i) if the property tax exceeds three hundred rupees but does not exceed one thousand rupees, at the rate of three per cent of the property tax;
(ii) if the property tax exceeds one thousand rupees but does not exceed two thousand five hundred rupees, at the rate of five per cent of the property tax;
(iii) if the property tax exceeds two thousand five hundred rupees, but does not exceed four thousand five hundred rupees, at the rate of six per cent of the property tax;
(iv) if the property tax exceeds four thousand five hundred rupees, but does not exceed six thousand rupees, at the rate of seven per cent of the property tax; and
(v) if the property tax exceeds six thousand rupees, at the rate of ten per cent of the property tax.
(b) where a building or land is used for the purpose of trade, commerce or industry or the carrying on of a profession or business-
(i) if the property tax exceeds three hundred rupees but does not exceed one thousand rupees, at the rate of seven per cent of the property tax;
(ii) if the property tax exceeds one thousand rupees but does not exceed two thousand five hundred rupees, at the rate of eleven per cent of the property tax;
(iii) if the property tax exceeds two thousand five hundred rupees, but does not exceed four thousand five hundred rupees, at the rate of fourteen per cent of the property tax;
(iv) if the property tax exceeds four thousand five hundred rupees, but does not exceed six thousand rupees, at the rate of sixteen per cent of the property tax; and
(v) if the property tax exceeds six thousand rupees, at the rate of twenty per cent of the property tax.
(2) Where any land, building, tenement or a part of a building is separately assessed to property tax but is simultaneously used for two or more purposes mentioned in subsection (1), the surcharge under this section shall be levied at the highest rate applicable in relation to any of the purposes for which the land, building, tenement or a part of a building is used.
(3) In computing the amount of surcharge payable under this section, any amount less than fifty paise shall be ignored and any amount which is fifty paise or more shall be increased to one rupee.
### 24E. Authority competent to collect surcharge.
(1) The surcharge (including any penalty) shall be collected by the Municipality in the same manner in which the tax on lands and buildings is collected under the provisions of the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964).
(2) The collection of surcharge and recovery of penalty on behalf of the Municipality shall be made by the appropriate authority appointed to collect the tax on lands and buildings on behalf of the municipality under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964).
(3) The Municipality shall in respect of the cost of collection of the surcharge be entitled to such rebate as may be prescribed.
### 24F. Application of certain sections with modifications for levy of surcharge.
- The provisions of sections 13, 14, 16, 17, 18, 19, 21, 23 and 24 shall apply in relation to surcharge levied under section 24D subject to the modifications specified in the Schedule.]
Chapter V
Miscellaneous
----------------------------
### 25. Amount of surcharges not to be included in land revenue in certain circumstances.
(1) In computing the average of the land revenue for the purposes of [section 219 of the Gujarat Panchayats Act, 1993 (Gujarat 18 of 1993)]
[Substituted for 'section 195 of the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962)' by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
the amounts of the [surcharges levied under sections 5 and 7]
[Substituted for 'surcharges levied under this Act' by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
and collected or recovered during any revenue year shall, notwithstanding anything contained in that Act, excluded.
(2) The amounts of [surcharges levied under sections 5 and 7]
[Substituted for 'surcharges levied under this Act' by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
shall not be treated as land revenue for the purposes of the levy of any cess on land revenue under the said Act or any other law for the time being in force.
### 26. Savings as to application of relevant Code.
- Nothing in this Act shall, in any way be deemed to affect the application of any of the provisions of the relevant Code and the rules and orders made thereunder to lands to which this Act applies and to the rights and obligations of persons in respect of such lands, insofar as the said provisions are not in any way inconsistent with the express provisions of this Act.
### 26A. [ Validity of surcharge or tax not levied in the same year.
[This section was inserted by Gujarat 26 of 1963, Section 4.]
- Nothing in the relevant Code or the relevant local authority law shall affect the assessment, levy collection or recovery of any surcharge or tax leviable under this Act for any year or part thereof merely by reason of the fact that the surcharge or as the case may be, tax was not assessed or the demand therefor was not made during the year or part for which it was leviable].
### 27. Power of Government to reduce rate or remit surcharge or tax.
- The State Government may in such circumstances and subject to such conditions as may be prescribed, reduce the rate of any surcharge or tax or remit wholly or in part any amount of surcharge or tax either generally or specially in respect of any land, or class of lands or any building or class of buildings.
### 28. Power to makes rules.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for or any of the following matters, namely:-
(a) the manner in which and conditions under which the amount in the State Education Cess Fund shall be expended under section 4;
(b) the manner of collecting tax in urban areas where any property tax is not levied and the rates of rebate under section 15;
(bb) [ the form of application and the form of certificate under section 15-A;]
[Clause (bb) was inserted by Gujarat 17 of 1972, Section 9.]
(c) the manner in which and the conditions subject to which, the [tax levied under section 12 or, as the case may be, surcharge levied under section 24A [or 24D]
[Substituted for 'tax' by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
] shall be remitted or refunded under section 23;
(cc) the rebate which the municipal corporation shall be entitled under sub-section (3) of section 24B;]
[Clause (cc) inserted by Gujarat 10 of 2006, dated 31st March 2006 (w.r.e.f. 01-04-2001).]
(ccc) [ rebate which the municipality shall be entitled under sub-section (3) of section 24E;]
[Clause (ccc) inserted by Gujarat 5 of 2007, dated 30th March 2007.]
(d) circumstances in which and conditions subject to which reduction in the rates of surcharge and the tax may be made or surcharge or tax may be remitted under section 27;
(e) such other matters which in the opinion of the State Government are required to be prescribed by rules.
(3) The power to make rule conferred by this section shall, except on the first occasion of the exercise thereof, be subject to the condition of the rules being made after previous publication.
(4) All rules made under this section shall be published in the Official Gazette and shall be laid for not less than thirty days before the State Legislature as soon as possible, after they are made, and shall be subject to rescission by the Legislature, or to such modification as the Legislature, may make, during the session in which they are so laid, or the session immediately following:-
(5) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
[Schedule]
[Schedule added by Gujarat 10 of 2006, dated 31s' March 2006 (w.r.e.f. 01-04-2001).]
(See Section 24C [And 24F]
[Added by Gujarat 5 of 2007, dated 30th March 2007.]
)
### 1. In section 13, for the words and figures "tax under section 12", occurring at two places, the words, figures and letter "surcharge levied under section 24A [or 24D] [Inserted by Gujarat 5 of 2007, dated 30th March 2007.]
" shall be substituted.
### 2. In section 14, for the word "tax" occurring at three places, the word "surcharge" shall be substituted. ###
3. In section 16, -
(1) in sub-section (1),-
(a) for the word "tax" wherever it occurs, the word "surcharge" shall be substituted;
(b) for the words and figures "of section 15", the words, figures and letter "of section 24B [or 24E]
[Inserted by Gujarat 5 of 2007, dated 30th March 2007.]
" shall be substituted;
(2) in sub-section (2), for the words and figures "section 15 for the collection of tax", the words, figures and letter "section 24B [or 24E]
[Inserted by Gujarat 5 of 2007, dated 30th March 2007.]
for the collection of surcharge" shall be substituted.
### 4. In section 17, for the word "tax" wherever it occurs, the word "surcharge" shall be substituted. ###
5. In section 18, for the portion beginning with the words "in respect of which the tax is due" and ending with the words "the annual letting value thereof', the following shall be substituted, namely:-
"in respect of which the surcharge is due, such portion thereof as bears to the total amount of the surcharge due, the same ratio which the carpet area of the part of the land or building occupied by the occupier bears to the aggregate carpet area of the land or building".
### 6. In section 19,- (1) in sub-section (1),~
(a) for the word and figures "section 12", the word, figures and letter "section 24A [or 24D]
[Inserted by Gujarat 5 of 2007, dated 30th March 2007.]
" shall be substituted;
(b) for the word "tax" wherever it occurs, the word "surcharge" shall be substituted;
(2) in sub-section (2),~
(a) for the word "tax" wherever it occurs, the word "surcharge" shall be substituted;
(b) for the words "pro-rata to the amount of rents for which such tenements are let", the words "pro-rata to the carpet area of such tenements" shall be substituted;
(c) in the first proviso, for the word and figures, "section 12", the word, figures and letter "section 24A [or 24D]
[Inserted by Gujarat 5 of 2007, dated 30th March 2007.]
" shall be substituted;
(3) in sub-section (3), for the word "tax", the word "surcharge" shall be substituted.
### 7. In section 21, for the figures and word "19 or 20", the figures "19" shall be substituted. ###
8. In section 23, -
(1) in sub-section (1),-
(a) for the words "assessed to tax", the words "assessed to surcharge" shall be substituted;
(b) for the words "portion of the tax", the words "portion of surcharge" shall be substituted;
(c) for the words "relevant local authority, then the local authority", the words and figures "The Bombay Provincial Municipal Corporations Act, 1949 (Bombay LIX of 1949), then the Municipal Corporation of the city [or under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964), then the Municipality]
[Inserted by Gujarat 5 of 2007, dated 30th March 2007.]
" shall be substituted;
(2) in sub-section (2), for the word "tax" occurring at two places, the word "surcharge" shall be substituted.
### 9. In section 24, in sub-section (1) , for the word "tax" occurring at two places, the word "surcharge" shall be substituted." .
|
65b97b14ab84c7eca86e92ca | acts |
State of Punjab - Act
-----------------------
The Punjab Limitation (Custom) Act, 1920
------------------------------------------
PUNJAB
India
The Punjab Limitation (Custom) Act, 1920
==========================================
Act 1 of 1920
---------------
* Published on 5 April 1920
* Commenced on 5 April 1920
The Punjab Limitation (Custom) Act, 1920
Punjab Act
No. 1 of 1920
Statement of Objects and Reasons. - 1. The present Bill is the outcome of proposals by the Punjab Customary Law Conference convened by His Honour the Lieutenant Governor in 1915.
2. Among the recommendations made by this Conference were the following :-
(1) That the period of limitation for a declaratory suit in regard to an alienation, whether by a male or a female, be reduced to 6 years.
(2) That limitation for a suit for possession (where no declaratory decree has been obtained) by contesting an alienation by a male or female be reduced to 6 years, time to run as laid down in the Punjab Limitation Act, 1900.
(3) That this Conference recommended a rule to apply mutatis mutandi the principles of the above suggested rules to suits.
(a) for possession of land where the setting aside of an adoption is a question involved;
(b) for a declaration that an adoption is invalid.
3. In viging effect to these recommendations it has been felt preferable to consolidate the law of limitation as affecting custom in the Punjab in one Act, rather than to amend the existing legislative provisions contained in the Indian Limitation Act, and the Punjab Limitation Act. The present Bill is the ultimate form which the measure has assumed.
Published vide Punjab Gazette, 1919 Part V. at Page 24.
Received the assent of the Lieutenant-Governor of the Punjab on the 5th April, 1920, and that of the Governor-General on the 2nd May, 1920, and was first [published in the Punjab Gazette of the 28th May, 1920.]
[See Punjab Gazette, 1920, Part V, pages 119-25.]
An Act to amend and consolidate the law governing the limitation of suits relating to alienations of ancestral immovable property and appointments of heirs by persons who follow custom in [Punjab]
[Substituted for the words 'East Punjab' (which had been inserted for the word 'Punjab' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 by the Adaptation of Laws (Third Amendment) Order, 1951.]
.
Whereas it is expedient to amend and consolidate the law governing the limitation of suits relating to alienations of ancestral immovable property and appointments of heirs by persons who follow custom in [Punjab]
[Substituted for the words 'East Punjab' (which had been inserted for the word 'Punjab' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948 by the Adaptation of Laws (Third Amendment) Order, 1951.]
;
And whereas the previous sanction of the Governor-General has been accorded under section 79(2) of the Government of India Act, 1915, to the passing of this Act;
It is hereby enacted as follows :-
### 1. Short title and extent.
(1) This Act may be called the Punjab Limitation (Custom) Act, 1920.
(2) It extends to [Punjab]
[Substituted by Adaptation of Laws Order, 1950, for 'East Punjab'.]
.
### 2. Repeal.
- The Punjab Limitation (Ancestral Land Alienation) Act, 1900 [Punjab Act 1 of 1900] , is hereby repealed.
### 3. Definitions.
- In this Act -
"Alienation" includes any testamentary disposition of property.
"Appointment of an heir" includes any adoption made or purporting to be made according to custom.
### 4. Savings.
- This Act shall not affect any suit pending in any court on the date on which this Act comes into force.
### 5. Dismissal of suits of the descriptions specified in the Act if instituted after the period of limitation therein prescribed has expired.
- Subject to the provisions contained in sections 4 to 25 (inclusive) , of the Indian Limitation Act, 1908, and notwithstanding anything to the contrary contained in the first schedule of the said Act, every suit, of any description specified in the schedule annexed to this Act, instituted after the period of limitation prescribed therefor in the schedule shall be dismissed, although limitation has not been set up as a defence.
### 6. Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act or the Punjab Limitation Act.
- Notwithstanding anything herein contained, any suit for which the period of limitation prescribed by this Act is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, or by the Punjab Limitation (Ancestral Land Alienation) Act, 1900, may be instituted within the period of one year next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, or by the Punjab Limitation (Ancestral Land Alienation) Act, 1900, whichever period expires first.
### 7. Limitation on suits for possession where no declaratory decree has been obtained.
- Subject to the provisions of section 6 -
(a) No suit for the possession of ancestral immovable property on the ground that an alienation of such property or the appointment of an heir is not binding on the plaintiff according to custom shall lie if a suit for a declaration that the alienation or appointment of an heir is not so binding would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule.
(b) No suit for the possession of ancestral immovable property by a plaintiff on the ground that he is an heir appointed in accordance with custom entitled thereto shall lie if a suit for a declaration that his alleged appointment as heir was validly made according to custom would be time-barred, unless a suit for such a declaration has been instituted within the period prescribed by the schedule.
### 8. Benefit of declaratory decree. -
When any person obtains a decree declaring that an alienation of ancestral immoveable property or the appointment of an heir is not binding on him according to custom, the decree shall enure for the benefit of all persons entitled to impeach the alienation or the appointment of an heir.
Schedule
----------
| | | |
| --- | --- | --- |
|
Description of suit
|
Period of limitation
|
Time from which period begins to run
|
|
1. A suit for a declaration that an alienation of ancestral
immovable property will not, according to custom, be binding on
the plaintiff after the death of the alien or (if the alien or is
a female) after her death or forfeiture of her interest in the
property
|
6 years
|
Firstly:- If the alienation is by a registered deed,
the date of registration of such deed.Secondly:- If
the alienation is not by a registered deed -(a) if an entry
regarding the alienation in the Register of Mutation has been
attested by a Revenue Office under the Punjab Land Revenue Act,
1887, the date on which the entry is attested ;(b) if such
entry has not ben attested, the date on which the alience takes
physical possession of the whole or any part of the property
alienated in pursuance of such alienation ;(c) in all other
cases the date on which the alienation comes to the knowledge of
the plaintiff.
|
|
2. A suit for possession of ancestral immovable property which
has been alienated on the ground that the alienation is not
binding on the plaintiff according to custom -
|
|
|
|
(a) if no declaratory decree of the nature referred to in
Article 1 is obtained
|
6 years
|
As above
|
|
(b) if such declaratory decree is obtained
|
3 years
|
The date on which the right to sue accrues or the date on
which the declaratory decree is obtained, whichever is later.
|
|
3. A suit for a declaration that an alleged appointment of an
heir is invalid as being opposed to custom or in fact never took
place
|
6 years
|
The date on which the alleged appointment of an heir becomes
known to the plaintiff.
|
|
4. A suit for possession of ancestral immovable property on
the ground that an appointment of an heir is invalid or never in
fact took place -
|
|
|
|
(a) if no declaratory decree of the nature referred to in
Article 3 is obtained ;
|
6 years
|
The date on which the alleged appointment of an heir becomes
known to the plaintiff.
|
|
(b) if such declaratory decree is obtained
|
3 years
|
The date on which the right to sue accrues, or the date on
which the declaratory decree is obtained, whichever is later.
|
|
5. A suit for a declaration that an alleged appointment of an
heir was validly made according to custom
|
6 years
|
The date when the rights of the alleged appointed heir are
interfered with.
|
|
6. A suit for possession of ancestral immovable property by a
plaintiff on the ground that he is an heir appointed in
accordance with custom entitled thereto -
|
|
|
|
(a) if no declaratory decree of the nature referred to in
Article 5 is obtained;
|
6 years
|
The date when his rights as such heir are interfered with.
|
|
(b) if such declaratory decree is obtained
|
3 years
|
The date of the death of the person making the appointment or
if (such person is a female) of her death or of the forfeiture of
his interest in the property or the date on which the declaratory
decree is obtained, whichever is later.
|
|
65ba7ba6ab84c7eca86eb986 | acts |
Union of India - Act
----------------------
The Aviation Turbine Fuel (Regulation of Marketing) Order, 2001
-----------------------------------------------------------------
UNION OF INDIA
India
The Aviation Turbine Fuel (Regulation of Marketing) Order, 2001
=================================================================
Rule THE-AVIATION-TURBINE-FUEL-REGULATION-OF-MARKETING-ORDER-2001 of 2001
---------------------------------------------------------------------------
* Published on 31 March 2001
* Commenced on 31 March 2001
The Aviation Turbine Fuel (Regulation of Marketing) Order, 2001
Published vide Notification No. G.S.R. 241(E) , dated 31st March, 2001
Ministry of Petroleum and Natural Gas
Order
G.S.R. 241(E) . - In exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (
10 of 1955
), the Central Government hereby makes the following Order, namely:-
### 1. Short title and commencement.
(1) This order may be called the Aviation Turbine Fuel (Regulation of Marketing) Order, 2001.
(2) It shall come into force on the date of its publication in the Official Gazette.
### 2. Definitions.
- In this Order, unless the context otherwise requires,-
(i) "adulteration" means introduction of any foreign substance into aviation turbine fuel illegally or unauthorisedly with the result that the product does not conform to the requirements of the Bureau of Indian Standards specifications;
(ii) "aviation turbine fuel" means petroleum distillate which conforms to the requirements of Bureau of Indian Standards specifications.
(iii) "consumer" means a person who purchases products directly from an Oil Company and stores and utilises the products for his own consumption and shall include his representatives, employees or agents;
(iv) "market" means the conditions or opportunities for the act of buying and selling;
(v) "oil company" means the Indian Oil Corporation Limited, the Hindustan Petroleum Corporation Limited, the Bharat Petroleum Corporation Limited, IBP Co. Limited or any person, firm or company authorised by the Central Government who is engaged in the sale of aviation turbine fuel directly to consumers in accordance with the stipulations laid down by the Central Government from time to time;
(vi) "transporter" means a person authorised by an all Company or a consumer to transport aviation turbine fuel and shall include his representatives, employees or agents.
(vii) "transportation fuels means and includes Aviation Turbine Fuel (ATF), High Speed Diesel (HSD) Motor Spirit(MS) and such other fuels that may be declared to be as such by the Government from time to time.
### 3. Restrictions on marketing and use of aviation turbine fuel.
(a) no person other than those authorised by the Central Government shall sell aviation turbine fuel.
(b) oil company, authorised to sell aviation turbine fuel, shall maintain quality control and quality control checks at various stages including storage, transportation and refueling;
(c) no person shall adulterate or help in any manner adulterating of aviation turbine fuel with any foreign substance.
### 4. Application for Issue of authorisation by the Central Government to market Aviation Turbine Fuel.
- Whosoever desiring to secure authorisation to sell aviation turbine fuel shall submit application to the Central Government as per the form given in Schedule-I.
### 5. Application fee.
- An amount of Rs. 1 lakh shall be paid as application fee alongwith with the application either by way of banker's cheque or demand draft in favour of Pay and Accounts Officer, Ministry of Petroleum and Natural Gas payable at New Delhi.
### 6. Authorisation to market Aviation Turbine Fuel.
- If Central Government, after scrutiny of the application is satisfied that the applicant fulfills the conditions laid down by the Government for marketing of transportation fuels, authorisation to market aviation turbine fuel shall be issued as per the format specified in Schedule-II.
### 7. Validity of authorisation to market Aviation Turbine Fuel and application for renewal.
- After scrutiny of the applications, the Central Government may issue authorisation to sell aviation turbine fuel for a period not exceeding two years. Person, firm or Company desiring renewal of the authorisation to sell aviation turbine fuel shall submit fresh application to the Central Government as per Schedule-I atleast 60 days before the expiry of validity of the authorisation.
### 8. Power of search and seizure.
- (A) any Gazetted Officer of the Central or State Government or any Police Officer not below the rank of deputy superintendent of police duly authorised, by general or special order by the Central Government or State Government as the case may be or any officer of the concerned oil company duly authorised in this behalf not below the rank of sales officer may, with a view to securing compliance of the provisions of this order, or for the purpose of satisfying himself that this order or any order made thereunder has been compiled with -
(i) enter and search any place or premises being made use of or suspected to be made use of with respect to which there is reason to believe that the provisions of this order have been /are being or are about to be contravened;
(ii) stop and search any person or vehicle or receptacle used or intended to be used for movement of aviation turbine fuel;
(iii) inspect any book of accounts or other documents or any stock of aviation turbine fuel used or suspected to be used in contravention of the provisions of this order;
(iv) take samples of aviation turbine fuel and / or seize any of the stocks of aviation turbine fuel which the officer has reason to believe has been or is being or is about to be used in contravention of this order and hereafter take or authorise the taking of all measures necessary for securing the production of stocks items so seized before the collector having jurisdiction under the provision of the essential commodities Act, 1955 (
10 of 1955
) and for their safe custody pending such production.
(B) while exercising the power of seizure provided under para 8 (A) (iv) the authorised officer shall record in writing the reasons for doing so, a copy of which shall be given to the oil company, transporter, consumer or any other concerned person.
(C) the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall, as for as may be, apply to searches and seizures under this order.
### 9. Sampling of Aviation Turbine Fuel.
(a) the officer authorised in para 8 shall draw the sample from the tank, refueler, pipeline, vehicle or receptacle as the case may be to check whether aviation turbine fuel conforms to the requirements of Bureau of Indian Standards specification;
(b) samples shall be taken in clean glass or aluminium containers. Plastic containers shall not be used for drawing samples.
(c) the officer authorised in para 8 shall take, sign and seal 3 samples of 1 litre each of aviation turbine fuel. The sample label should be jointly signed by the officer who has drawn the sample, and the concerned all company or concerned person or his representative and the label shall contain information as regards name of the oil company/person, quantity of sample, date, name and signature of the officer, name and signature of the oil company or of the concerned person or his representative.
(d) 1 sample of aviation turbine fuel would be given to the oil company or transporter or concerned person or his representative under acknowledgement with instruction to preserve the sample in his safe custody till the testing or investigations are completed, 1 sample would be kept by the officer authorised and the remaining 1 sample would be used for laboratory analysis.
(e) the authorised officer shall send the samples of aviation turbine fuel taken under sub-para (b) within 10 days to any of the laboratories, authorised by the Director General Civil Aviation, Ministry of Civil Aviation and Director General Aeronautical Quality Assurance, Ministry of Defence, to test aviation turbine fuel samples for analysing with a view to checking whether aviation turbine fuel conforms to the requirements of Bureau of Indian Standards specifications. The authorised laboratory should furnish the test report to the authorised officer within 10 days of receipt of sample at the laboratory. The authorised officer shall communicate the test result to the concerned all company or transporter or person within 5 days of receipt of test results from laboratory.
### 10. Power of Central Government to issue directions.
- The Central Government may, from time to time, by a general or special order issue to any other company, transporter or consumer or any other person, such directions as it considers necessary regarding storage, sale, transportation and disposal of aviation turbine fuel and upon the issue of such directions, such oil company, transporter or consumer shall be bound to comply therewith.
I
---
(see clause 4 & 5)
Application Form
(For issue of Authorisation to market ATF)
To,
The Joint Secretary (R) , MOP&NG, Govt. of India, Shastri Bhawan, New Delhi-110 001
| | | |
| --- | --- | --- |
|
1.
|
Name of the applicant
|
|
|
2.
|
Type of firm (strike out whichever is not applicable)
|
|
2a.
|
Public Limited Company/Private Limited Company/Partnership
firm/Proprietoship firm/Others
|
|
3.3a.
|
AddressesRegistered office
|
|
|
|
|
3.b
|
ATF storage point(s) |
|
|
|
|
|
|
|
|
|
| |
| --- |
|
4. Name, Addresses, telephone numbers of
Directors/Partners/Proprietor(s) |
| | | | |
| --- | --- | --- | --- |
|
Serial Number
|
Name
|
Office
|
Residence
|
|
Address
|
Telephone
|
Address
|
Telephone
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| --- |
|
5. Industry Registration/Licence Details
|
| | | | |
| --- | --- | --- | --- |
|
Registeration/Licence Number
|
Date of issue
|
Valid up to
|
Issuing Authority
|
|
|
|
|
|
| |
| --- |
|
6. Sales Tax Registration Details
|
| |
| --- |
|
6a. State Sales Tax
|
| | | | |
| --- | --- | --- | --- |
|
Registeration Number
|
Date of Issue
|
Valid up to
|
Issuing Authority
|
|
|
|
|
|
| |
| --- |
|
6b. Central Sales Tax
|
| | | | |
| --- | --- | --- | --- |
|
Registeration Number
|
Date of Issue
|
Valid up to
|
Issuing Authority
|
|
|
|
|
|
| |
| --- |
|
7. Exploslves Licence Details
|
| | | | |
| --- | --- | --- | --- |
|
Licence number
|
Date of Issue
|
Valid up to
|
ATF storage capacity Licenced (in kilolitres)
|
|
|
|
|
|
| |
| --- |
|
8. Details of ATF storage
|
| | | |
| --- | --- | --- |
|
Location
|
Tank Number
|
Capacity (in kilolitres)
|
|
|
|
|
|
|
|
|
| |
| --- |
|
9. Category (Strike out whichever is not applicable)
|
| |
| --- |
|
9a. Refinery / Oil Exploration & Production company)
|
| |
| --- |
|
10. In Case of Refineries :
|
| |
| --- |
|
10a. Details of investment
|
| |
| --- |
|
10b. Details of equity holding
|
| |
| --- |
|
11. In case of Oil Exploration & Production companies
|
| |
| --- |
|
11a. Details of Crude oil production during the last three years
|
| |
| --- |
|
(Certified copies of annual reports shall be enclosed)
|
| | | |
| --- | --- | --- |
|
Year
|
Location
|
Production (in million tonnes)
|
|
|
|
|
|
|
|
|
| |
| --- |
|
12. Details of Audited Statement of Accounts
|
| | | |
| --- | --- | --- |
|
12.a Whether the Accounts are audited ?
|
Yes
|
No
|
| | |
| --- | --- |
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12.b If yes, latest for which year ?
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(Encloseaudited Statement of AccountsandAudit Report)
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13. ATF brand name and logo(Attach certified logo)
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14. Details of application fee attached
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Banker's cheque/demand draft No
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Date
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Name of the Bank
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Branch
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Amount
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Declaration
Certified that the above information is true to the best of my knowledge and belief and the information as annexures and statements accompanying this application are correct, complete and truly stated and if any statement made herein is found to be incorrect, I shall be liable for action under the provisions of law.
Date\_\_\_\_\_\_\_\_\_\_
Place\_\_\_\_\_\_\_\_\_
Signature:\_\_\_\_\_\_\_\_\_\_
Name:\_\_\_\_\_\_\_\_\_\_\_\_
II
----
(see clause 6)
Format in which Authorisation to Market ATF shall be issued by the Central Government
Authorisation No...........................
Date..........................
After scrutiny of the Application for Authorisation to market Aviation Turbine Fuel (ATF) in terms of the provisions of the Aviation Turbine Fuel (Regulation of Marketing) Order, 2001, M/s\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ whose registered office is at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (address) are hereby authorised to market ATF, from the dote of issue of this authorisation, as per the following details:
### 1. Category (Strike out whichever is not applicable): | |
| --- |
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Refinery / Oil Exploration & Production
Company
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2. ATF storage point (s) :
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### 3. ATF brand name and logo: ###
4. Valid upto:
(Fresh application to be made for renewal of the authorisation at least 60 days before the expiry of validity)
### 5. Any other condition: Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Signature:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Name:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Designation:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Seal:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
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65ba937cab84c7eca86ec24f | acts |
State of Tripura - Act
------------------------
Baby Food (Control of Prices) Order, 1966
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TRIPURA
India
Baby Food (Control of Prices) Order, 1966
===========================================
Rule BABY-FOOD-CONTROL-OF-PRICES-ORDER-1966 of 1966
-----------------------------------------------------
* Published on 19 July 1966
* Commenced on 19 July 1966
Baby Food (Control of Prices) Order, 1966
Published vide Notification No. F. 2(13) -FSD/64, dated 19-7-1966
Last Updated 18th February, 2020
In exercise of the powers conferred by Clause (c) of sub-section (2) of Section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with the Notification of the Government of India in the Ministry of Food and Agriculture (Department of Food) published under G.S.R. 906, dated the 9th June, 1966 in the Gazette of India Part II Section 3 Sub-section (1) dated 9th June, 1966) and with the prior concurrence of the Government of India, the Administrator of Tripura is pleased to make the following Order :
### 1. Short title and extent.
(1) This Order may be called the Baby Food (Control of Prices) Order, 1966.
(2) It shall extend to the whole of the Union Territory of Tripura.
### 2. Definition.
- In this Order "Baby Food" means any of the articles of food mentioned in the Schedule annexed hereto.
### 3. Sale price of baby food.
(1) After the commencement of this Order, no dealer in Baby Food shall sell any baby food in the Union Territory of Tripura at a price exceeding such maximum-
(i) wholesale price, in the case of sale by a wholesaler; or
(ii) retail price in the case of sale by by a retailer,
as is fixed for that baby food by the manufacturer concerned.
(2) Such dealer shall issue a cash memo at the time of effecting every such sale.
The Schedule
[See Clause 2]
(1) Lactodex-Lactogen.
(2) Glaxo.
(3) Ostermilk.
(4) Horlicks.
(5) Amul.
|
65ba7b6fab84c7eca86eb94b | acts |
Union of India - Act
----------------------
The Schools of Planning and Architecture Statutes, 2016
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UNION OF INDIA
India
The Schools of Planning and Architecture Statutes, 2016
=========================================================
Rule THE-SCHOOLS-OF-PLANNING-AND-ARCHITECTURE-STATUTES-2016 of 2016
---------------------------------------------------------------------
* Published on 13 October 2016
* Commenced on 13 October 2016
The Schools of Planning and Architecture Statutes, 2016
Published vide Notification No. G.S.R. 979(E) , dated 13th October, 2016
Last Updated 12th December, 2018
Ministry of Human Resource Development
(Department of Higher Education)
G.S.R. 979(E) . - In exercise of the powers conferred by sub-section (1) of section 29 of the School of Planning and Architecture Act, 2014 (37 of 2014), the Central Government, with the prior approval of the Visitor, hereby frames the following Statutes for all Schools of Planning and Architecture, namely:-
### 1. Short title, extent and commencement.
(1) These Statutes may be called the Schools of Planning and Architecture Statutes, 2016.
(2) They shall apply to all Schools of Planning and Architecture established under the School of Planning and Architecture Act, 2014 (37 of 2014).
(3) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions.
(1) In these Statutes, unless the context otherwise requires,-
(a) "Act" means the School of Planning and Architecture Act, 2014 (37 of 2014);
(b) "Building and Works Committee" means the Building and Works Committee of the School constituted under Statute 12.
(c) "Finance Committee" means the Finance Committee of the School constituted under Statute 10.
(d) "Department" in relation to a School means an academic unit of the School engaged in academic activities (like teaching, research, etc) generally relating to a particular discipline or area;
(e) "Centre" in relation to a School means an academic unit of the School engaged in academic activities like teaching research etc., generally of an inter-disciplinary nature;
(f) "Head of Department or Centre", by whatever name called, means the person appointed to head the Department or Centre, as the case may be, under Statute 19;
(g) "Programme" means an academic programme of the School;
(h) "Schedule" means the Schedule annexed to these Statutes.
(2) Words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.
### 3. Authorities.
- The following shall be the authorities of the School, namely:-
(i) the Board of Governors as constituted under section 13 of the Act;
(ii) the Senate as constituted under section 16 of the Act;
(iii) the Finance Committee as constituted under Statute 10; and
(iv) the Building and Works Committee as constituted under Statute 12.
### 4. Board of Governors and Meetings thereof.
(1) The bodies entitled to nominate Members to the Board shall be invited by the Registrar to do so within a period not exceeding five weeks from the date on which such invitations are issued by him.
(2) Casual vacancies on the Board shall be filled up by following the procedure specified under Sub-statute (1) above.
(3) The Board shall ordinarily meet four times during a calendar year.
(4) Meetings of the Board shall be convened by the Chairperson either on his own motion or at the request of the Director or on a requisition signed by not less than four Members of the Board.
(5) Seven Members shall form a quorum for a meeting of the Board:
Provided that, if a meeting is adjourned for want of quorum, it shall be held on the same day in the next week at the same time and place or on such other day, time and place as the Chairperson may determine and if in such a meeting quorum is not present within half-an-hour from the scheduled time for holding a meeting, the Members present shall form the quorum.
(6) All questions considered at the meeting of the Board shall be decided by a majority of the votes of the Members present including the Chairperson and if the votes are equally divided, the Chairperson shall have a casting vote.
(7) The Chairperson, if present, shall preside over every meeting of the Board:
Provided that in the absence of the Chairperson, the Members present shall elect a Member from amongst themselves to preside over the meeting.
(8) A written notice of every meeting shall be sent by the Registrar to every Member at least fifteen days before the date of the meeting mentioning therein the place, date and time of the meeting:
Provided that the Chairperson may call a special meeting of the Board at short notice to consider urgent issues.
(9) The notice may be delivered either by hand or sent by registered post or e-mail or fax, at the address of each Member as recorded in the office of the Board and if so sent, shall be deemed to be duly delivered at the time at which notice would be delivered in the ordinary course of post.
(10) Agenda shall be circulated by the Registrar to all Members at least ten days before the meeting.
(11) Notices of motions for inclusion of any item on the agenda must reach the Registrar at least one week before fixing the date of the meeting;
Provided that the Chairperson may permit inclusion of any item for which due notice has not been received.
(12) The ruling of the Chairperson with regard to all questions of procedure shall be final.
(13) The minutes of the proceedings of a meeting of the Board shall be drawn up by the Registrar within two weeks of the meeting and circulated to all Members of the Board present in the meeting and the same along with any amendment suggested shall be placed before the Board in its next meeting for confirmation and after the minutes are confirmed and signed by the Chairperson, they shall be recorded in the minute book.
(14) The minute book shall be kept open for inspection of the Members of the Board and the Council at all times during office hours.
(15) If a Member of the Board fails to attend three consecutive meetings without leave of absence from the Board, he shall cease to be a Member of the Board.
(16) No matter concerned with finance shall be placed before the Board unless the same has been considered by the Finance Committee.
(17) No matter which is required to be first considered by the Building and Works Committee shall be placed before the Board unless the same has been considered by the Building and Works Committee after obtaining the administrative approval of the Board.
### 5. Powers of Board.
- In addition to the powers provided under sub-section (1) of section 15 of the Act, the Board shall be empowered to -
(i) re-designate or change the nomenclature of any post in the school; except for posts mentioned in the Act;
(ii) approve appointments to temporary vacancies of any academic staff;
(iii) specify the manner of appointment to temporary vacancies of academic staff;
(iv) provide for the appointment of visiting professors, Emeritus Professors and Fellows and determine the terms and conditions of such appointments;
(v) manage and regulate the finances, accounts, investments, property of the School and all other affairs of the School and to appoint such agents as may be considered fit;
(vi) regulate and enforce discipline amongst the employees in accordance with the Statutes and Ordinances;
(vii) entertain, adjudicate upon, or redress the grievances of the employees and the students of the School who may, for any reason, feel aggrieved;
(viii) make, modify or cancel the Statutes with the approval of the Visitor from time to time:
Provided that the new Statute, additions or amendments in existing Statutes shall be applicable only after the assent of the Visitor: and
(ix) make, modify and cancel, if required, all or any Ordinances on the recommendations of the Senate or Finance Committee of the School subject to the condition that making, modification and cancellation shall not be in contravention of the Act or the Statutes.
### 6. Authentication of Orders of Board.
- All orders and decisions of the Board shall be authenticated by the signature of the Director or Registrar or any person authorised by the Board in this behalf.
### 7. Senate.
(1) The Senate shall meet as often as necessary but ordinarily not less than four times during a calendar year.
(2) Meetings of the Senate shall be convened by the Chairman of the Senate either on his own motion or on a requisition signed by not less than one fifth of the members of the Senate.
(3) Requisition meeting shall be a special meeting to discuss only those items of agenda for which requisition is given and shall necessarily be chaired by the Director and the requisition meeting shall be convened by the Chairman of the Senate on a convenient date and time.
(4) One third of the total number of members of the Senate shall form a quorum for a meeting of the Senate.
(5) The Chairman shall preside over every meeting of the Senate:
Provided that in the absence of the Chairman, the senior most Professor present shall preside over the meeting.
(6) A written notice of every meeting together with the agenda shall be circulated by the Registrar to the members of the Senate at least ten days before the meeting:
Provided that the Chairman of the Senate may permit inclusion of any item for which due notice has not been given.
(7) Notwithstanding the provisions of sub-statute (6), the Chairman may call an emergency meeting of the Senate at a short notice to consider urgent special issues.
(8) The ruling of the Chairman of the Senate with regard to all questions of procedure shall be final.
(9) The minutes of the proceedings of a meeting of the Senate shall be drawn up by the Registrar within two weeks of the meeting and circulated to all the members of Senate present in the meeting.
(10) The minutes, along with amendments, if any, suggested shall be placed for confirmation at the next meeting of the Senate and after the minutes are confirmed and signed by the Chairman of the Senate, they shall be recorded in a minute book which shall be kept open for inspection of the members of the Senate, the Board and the Council at all times during office hours.
### 8. Powers of Senate.
- In addition to the powers provided in the Act, the Senate shall have the power to:-
(i) frame and revise curricula and syllabi for the courses of studies for various Departments and Centres;
(ii) make arrangements for the conduct of examinations, appointment of examiners, moderators, tabulators and other matters relating to the examinations;
(iii) declare the results of the examinations or to appoint Committees or Officers to do so and to make recommendations to the Board regarding conferment or grant of degrees, diplomas and other academic distinctions or titles;
(iv) appoint Advisory Committees or Expert Committees or both for the Departments or Centres of the School to make recommendations on academic matters connected with the working of the Departments or Centres;
(v) appoint Committees from amongst the members of the Senate, other teachers of the School and experts from outside to advise on such specific and important academic matters as may be referred to any such Committee by the Senate;
(vi) consider the-recommendations of the Advisory Committees attached to various Departments or Centres and that of Expert and other Committees and take such action (including the making of recommendations to the Board) as warranted in each case;
(vii) make periodical review of the activities of the Departments or Centres and take appropriate action (including the making of recommendations to the Board);
(viii) supervise the working of the library of the School;
(ix) promote research and academic development or activities within the School and seek reports on such research or academic development or activities from the persons engaged therein;
(x) provide for the inspection of the class rooms, laboratories, library and the residential hostels;
(xi) plan and supervise co-curricular activities of the students of the School;
(xii) award stipends, scholarships, medals and prizes and make other awards in accordance with such conditions as may be attached to the awards;
(xiii) make recommendations to the Board with regard to the creation or restructuring of Departments or Programmes or Centres and the abolition of existing Departments or Centres thereof;
(xiv) invite up to two student representatives during discussions of a general nature not involving policy or disciplinary matters in the Senate meetings.
### 9. Chairman of Senate to exercise powers in emergency.
- If, in the opinion of the Chairman of the Senate, any emergency has arisen which requires immediate action, he may take such action as he deems necessary and shall report the same for approval to the Senate in its next meeting.
### 10. Finance Committee.
(1) There shall be a Finance Committee for each School consisting of the following members, namely:-
(i) the Chairperson, Board of Governors, ex-officio Chairperson;
(ii) the Director, ex-officio member;
(iii) Joint Secretary, dealing with Schools of Planning and Architecture in the Ministry of Human Resource Development, or his nominee;
(iv) Joint Secretary and Financial Advisor in the Ministry of Human Resource Development or his nominee;
(v) two persons nominated by the Board from amongst its members, till they remain members of the Board; and
(vi) the Registrar, ex-officio, Secretary:
Provided that in addition to the above, the Chairperson may, in consultation with the Director, co-opt a member as and when found necessary.
(2) The Finance Committee shall ordinarily meet four times in a year and necessarily before the meetings of the Board of Governors.
(3) Three members of the Finance Committee shall form a quorum for a meeting of the Finance Committee.
(4) The Chairperson, shall preside over the meetings of the Finance Committee and in the absence of the Chairperson, the Director shall preside over the meetings.
(5) The provisions in these Statutes regarding notices of the meetings, inclusion of items in the agenda and confirmation of the minutes applicable to the meetings of the Board shall be followed in connection with the meetings of the Finance Committee also.
(6) A copy of the minutes of every meeting of the Finance Committee shall be placed before the Board.
(7) All financial proposals shall be placed before the Finance Committee prior to being placed before the Board for consideration and approval.
### 11. Powers of Finance Committee.
- The Finance Committee shall have the power to-
(i) examine and scrutinise the annual budget of the School prepared by the Director and make recommendations to the Board;
(ii) examine all proposals relating to revision of grade, upgradation of the scales and all those items which are not included in the budget, before they are considered by the Board;
(iii) fix limits for the total recurring and non-recurring expenditure for the year, based on income and resources of the School;
(iv) oversee that no expenditure shall be incurred by the School in excess of the limits so fixed; and
(v) give its views and make its recommendations on any financial question affecting the School including all the proposals relating to Buildings and Works Committee of the School to the Board either on the initiative of the Board or of the Director, or on its own motion.
### 12. Building and Works Committee.
(1) There shall be a Building and Works Committee for each School, consisting of the following members, namely:-
(i) the Director, ex-officio Chairman;
(ii) one member nominated by the Central Government not below the rank of Director or Deputy Secretary in the Ministry of Human Resource Development dealing with the Schools of Planning and Architecture;
(iii) one member nominated by the Board of Governors;
(iv) Dean, Planning and Development or similar position;
(v) one expert each from the Civil and Electrical Engineering Wing of Central or State Government or any autonomous body of repute; and
(vi) Registrar; ex-officio Secretary.
(2) The Building and Works Committee shall meet as often as necessary but ordinarily not less than four times a year.
(3) Three members shall form a quorum for a meeting of the Building and Works Committee.
(4) The provisions in these Statutes regarding notices of the meetings, inclusion of items in the agenda and confirmation of the minutes applicable to the meeting of the Board shall be followed in connection with meetings of the Building and Works Committee also.
(5) A copy of the minutes of every meeting of the Building and Works Committee shall be placed before the Board.
### 13. Powers and Functions of Building and Works Committee.
(1) The Building and Works Committee shall,-
(i) under the directions of the Board, examine and execute all the construction related projects and activities of the School upon receiving the financial sanctions from the Finance Committee and final administrative approval from the Board;
(ii) cause to prepare estimates of cost of buildings and other capital works, minor works, repairs, maintenance and the like;
(iii) be responsible for making technical scrutiny of the design, estimates and specifications of the material as may be considered necessary;
(iv) be responsible for acceptance of tenders and shall have the power to execute the departmental works wherever necessary as per extant rules of the Central Government or Central Public Works Department and relevant provisions of the General Financial Rules.
(v) have the power to give necessary administrative approval and expenditure sanction for minor works pertaining to repair and maintenance, etc., upto Rs. 10.00 Lacs, within the approved budgetary provision of the School.
(2) If, in the opinion of the Chairman of the Building and Works Committee, any emergency has arisen which requires immediate action to be taken, he shall take such action and report the same to the Building and Works Committee, Finance Committee and the Board at their next meetings for ratification.
(3) The Building and Works Committee shall also perform such functions and exercise such powers as may be entrusted by the Board, from time to time.
### 14. Powers of Board Chairperson.
- In addition to the powers provided in the Act, the Chairperson of the Board of Governors shall have the following powers, namely:-
(i) in emergent cases, the Chairperson may take certain decisions which are purely in the interest of the School and cannot be postponed for want of holding Board meetings, etc., and inform the Board in its next meeting of the action taken by him for confirmation and ratification;
(ii) in exceptional cases on merit, he shall have the power to fix, on the recommendations of the Selection Committee and reasons to be recorded in writing, the initial pay of an incumbent at one stage higher than the minimum of the scale in respect of posts to which the appointments can be made by the Board under the provisions of the Act;
(iii) he shall have the power to send members of the staff, except the Director of the School for training or for a course of instruction outside India subject to such terms and conditions as may be laid down by the Board from time to time. However, the visit abroad by the Director shall be approved by the Chairman, School of Planning and Architecture Council;
(iv) he shall execute the contract of service between the School and the Director on behalf of the Central Government, but he shall not be personally liable for anything under such contract;
(v) in the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death, resignation or otherwise or in the event of the Chairperson being unable to discharge his functions owing to absence, illness or any other cause, one of the senior most member of the Board to be decided by the members of Board present in that meeting, may discharge the functions assigned to the Chairperson under section 15 of the Act being decided in the immediate next meeting till the appointment of a regular Chairperson of the Board by the Visitor is done.
### 15. Traveling allowances of Members of Authorities of School.
- Members of the Board and other authorities of the School and Members of the Committees constituted under the Act or the Statutes or appointed by the Board and other authorities shall be entitled to traveling allowance, daily allowance and sitting fee for attending the meetings of the authorities and their Committees as laid down by the Board from time to time.
### 16. Departments and Centres.
- The School shall be organised into such number of Departments and Centres, to be known by such names, as the Board may, within the budgetary provision, approve from time to time, on the recommendations of the Senate: Provided that, in case of a new department which is not contemporary to the Architecture and Planning field, the final approval shall be sought for from the Central Government.
### 17. The Appointment of Director and his powers.
(1) The Director of the School shall be appointed by the Visitor on contract basis on the recommendation of a Selection Committee constituted for this purpose consisting of the following:
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| --- | --- | --- |
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(i) |
An eminent person from the field of Architecture or Planning
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Chairperson
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(ii) |
Two experts in the field of Architecture or Planning
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Member
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(iii) |
Additional Secretary or Joint Secretary dealing with
Architecture Education in the Ministry of Human Resource
Development
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Convener
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(2) The agreement of services of the Director is as provided under Schedule A and the eligibility criteria for the appointment of such Director are as specified in Schedule D.
(3) The Director shall be appointed for a period of five years and shall be governed by the terms and conditions of the Contract of Service entered into between the School and the Director as specified in Schedule A.
(4) In case the post of Director of a School of Planning and Architecture is vacant, the Central Government may assign temporary charge to the senior most Professor of the School of Planning and Architecture concerned, or to the regular director of another School of Planning and Architecture or Head of any other institute under the Ministry of Human Resource Development till such a time a regular Director is appointed.
(5) Subject to the budget provisions made for the specific purpose and with the approval of the different statutory bodies of the School, the Director shall have the power to incur expenditure in accordance with the procedure and instructions as laid down from time to time by the Central Government as well as subject to the provisions of General Financial Rules(GFR).
(6) The Director shall have the power to appropriate funds with respect to different items constituting the recurring budget up to a limit specified for the Head of Department in the Central Government for each item:
Provided that such appropriation shall not involve any increase in the budget and any liability in future years:
Provided further that every such appropriation shall, as soon as possible, be reported to the Board for its ratification.
(7) The Director shall have the power to write off irrecoverable losses up to a limit of ten thousand rupees and of irrecoverable value of store items lost or rendered unserviceable due to normal wear and tear or obsolete up to a limit of twenty five thousand rupees subject to such stipulations as may be made by the Board from time to time.
(8) The Director shall have the power to donate obsolete equipment or store items, as identified by a Committee constituted for this purpose by the Director, to any educational institution in the vicinity of the School up to such limits as may be decided by the Board from time to time.
(9) The Director, where he is the appointing authority, shall have the power to fix, on the recommendations of the Selection Committee and reasons to be recorded in writing, the initial pay of an incumbent at one stage higher than the minimum of the scale, in respect of posts to which appointment can be made by him under the powers vested in him by the provision of the Act or these Statutes.
(10) The Director shall have the power to employ Teaching Supporting Staff in the Laboratories, Technicians or Technical instructors and Skilled Workmen, paid from contingencies from time to time, based on the actual requirement, for not more than one year on such remuneration as may be decided by the Board.
(11) The Director shall have the power to send members of the staff for training or to attend course of instruction inside India subject to such terms and conditions as may be specified by the Ordinances.
(12) The Director shall have the power to sanction temporary allocation of any building for any purpose other than that for which it was constructed.
(13) If for any reason the Registrar is temporarily absent for a period not exceeding one month, the Director may assign to any faculty member or member of the staff of the School, any of the functions of the Registrar as he deems fit:
Provided that if at any time the temporary absence of the Registrar exceeds one month, the Board may, if it thinks fit, authorise the Director to assign the function of the Registrar, for a period exceeding one month.
(14) All contracts for and on behalf of the School except the one between the School and the Director shall when authorised by a resolution of the Board passed in that-behalf be in writing and be expressed to be made in the name of the School and every such contract shall be executed on behalf of the School by the Director, but the Director shall not be personally liable in respect of anything under such contract.
(15) The Director may, during his absence from headquarters, specifically authorise in writing, senior most Dean or the senior most Professor present to execute the day to day functioning of the Director including sanctioning of the advances for traveling allowance, contingencies and medical treatment of the staff and sign and counter-sign bills on his behalf.
(16) The Director may, at his discretion, constitute such committees, as he may consider appropriate for smooth functioning of the School.
(17) The Director may, with the approval of the Board, delegate any of his powers, authority or responsibilities vested in him by virtue of the Act and Statutes to one or more members of the Academic or Administrative Staff of the School.
### 18. Deans.
(1) The School shall establish not more than five Deanships.
(2) The Director shall appoint the Deans with intimation to the Chairperson, Board of Governors.
(3) The Dean shall hold his post for two years extendable by one more year.
(4) Only Professors or Associate Professors shall be eligible for becoming Deans.
(5) The functions of Deans are as provided in Schedule B.
### 19. Head of Department or Centre.
(1) Each Department and Centre of the School shall be placed in charge of a Head, who shall be selected by the Director, from amongst the Professors and Associate Professors of that Department or Centre as per seniority on rotational basis:
Provided that if a Department or Centre has no Professor or Associate Professor, the Director may give the additional charge to Head of the Department of other department which is most contemporary or related to that department.
(2) The Head of a Department or Centre shall hold his post for a term of two years:
Provided that after the expiry of his term of office, he shall continue to hold office till the appointment of his successor:
Provided further that no person shall head a Department or Centre continuously for a period exceeding three years unless he is specially appointed at least for a second term.
(3) The Director may himself take temporary charge of a Department or place it under the charge of a Professor from another Department for a period not exceeding six months.
(4) The Head of the Department shall be responsible for the entire working of the Department subject to the general control and supervision of the Director.
(5) The Head of the Department shall be duty bound to see that the decisions of the authorities of the School and of Director are faithfully carried out. He shall perform such other duties as may be assigned to him by the Director or the Senate.
(6) When appointment to the post of Head of the Department or Centre becomes due, the Director shall ascertain the willingness, of the persons eligible to be appointed as Head, for being so appointed, and shall generally select a person by rotation from among eligible and willing persons.
(7) Whenever it is proposed to deviate from the principle of rotation, such appointment shall be made only with the prior approval of the Chairperson, Board of Governors and for reasons to be recorded in writing and shall also be reported to the Senate and the Board, along with reasons for deviation, in their next meetings.
### 20. Registrar.
(1) The Registrar shall be appointed for a fixed term of not exceeding five years on deputation or on contract basis.
(2) The Registrar shall act as Secretary of the Board, Senate, Finance Committee and such other Committees to which he may be required by the Statutes to act as such.
### 21. Classification of Members of Staff.
(1) Except in the case of employees paid from contingencies, the members of staff of the School shall be classified as under:-
(i) Academic staff :- Director, Professor, Associate Professor, Assistant Professor, Professor Training and Placement, and such other academic posts as may be decided by the Board from time to time;
(ii) Technical staff :- Technical Officer, Graphic Designer, Senior Technical Assistant, Graphics Assistant, Technical Assistant, Workshop Supervisor/Superintendent Workshop/Studio Assistant, Communication System Operator, Lab Attendant, and such other technical posts as may be decided by the Board from time to time;
(iii) Administrative and other staff :- Registrar, Deputy Registrar and Assistant Registrar, Accountant, Estate Officer, Finance Officer and other staff of Finance Wing, Executive Engineer Assistant and Junior Engineer, Medical Officer, Medical Assistant, Nursing Assistant, Section Officer, Private Secretary, Multi Skill Assistant, Personal Assistant, Junior Superintendent, Hindi Assistant, Junior assistant, Library Assistant, Hostel Assistant-cum-Hostel Caretaker, Office Assistants, Data Entry Operators, and such other Administrative and other staff as may be decided by the Board from time to time.
(2) Posts classified as Academic staff shall be vacation posts only.
### 22. Appointments.
(1) The posts at the School shall be filled by advertisement on all India basis:
Provided that the ratio between the Direct Recruitment and Promotion posts, other than that of the post of Director, shall be as per the recruitment rules.
(2) The reservation of posts shall be in accordance with the rules framed by the Central Government from time to time.
(3) The Selection Committees, for filling posts under the School (other than the posts on contract basis) by advertisement or by promotion from amongst the members of staff of the School, shall be constituted in the following manner, namely:-
| | |
| --- | --- |
|
(A) |
The Selection committee for recruitment of Academic Staff
(excluding the Director), or for promotion of Academic Staff
shall be as under:
|
|
(1) |
Director
|
Chairman
|
|
(2) |
One Nominee of the Visitor
|
Member
|
|
(3) |
Two nominees of the Board one being an expert in the field,
but other than a member of the Board and other one from the Board
|
Member
|
|
(4) |
One expert nominee of Senate from outside the School
|
Member
|
|
(5) |
Nominee of All India Council for Technical Education
|
Member
|
|
(6) |
Head of Department concerned (for other than the post of
Professor)
|
Member
|
|
(B) |
The Selection Committee for Technical posts shall be as
follows:
|
|
(1) |
Director
|
Chairman
|
|
(2) |
One Expert from outside the School
|
Member
|
|
(3) |
Nominee of All India Council for Technical Education
|
Member
|
|
(4) |
Concerned Head of Department
|
Member
|
|
(5) |
Registrar
|
Member
|
|
(C) |
The Selection Committee for Senior Administrative and other
comparable posts carrying pay scale of Group A and above shall be
as under-
|
|
(1) |
Director
|
Chairman
|
|
(2) |
One Expert from outside the School
|
Member
|
|
(3) |
Nominee of the Ministry of Human Resource Development
|
Member
|
|
(4) |
Nominee of Board
|
Member
|
|
(5) |
Registrar
|
Member
|
|
(D) |
The Selection Committee for Administrative and Ministerial
Staff other than Group A shall be as under:
|
|
(1) |
Director
|
Chairman
|
|
(2) |
One Expert from outside the School
|
Member
|
|
(3) |
Nominee of the Ministry of Human Resource Development
|
Member
|
|
(4) |
Registrar
|
Member
|
(4) The Selection Committee for the post reserved for Scheduled Castes or Scheduled Tribes and Other Backward Classes candidates shall include one Schedule Caste or Scheduled Tribe Member and one other backward classes Member from a panel approved by the Board respectively.
(5) The Registrar shall be substituted by another nominee of the Board in case the Selection is made for the Registrar or the equivalent post in terms of Grade Pay or Scale Pay.
(6) Where a post is to be filled on contract basis or by invitation, the Board may, constitute such Adhoc Selection Committee, as per the circumstances of each case may require.
(7) Where a post is to be filled by promotion from amongst the members of the School or temporarily for a period not exceeding twelve months, the procedure for the same shall be as specified by ordinances.
(8) Notwithstanding anything contained in these Statutes, the Board shall have the power to make appointments of persons having special skill or knowledge to suit the emergent need of any department or centre for a period not exceeding six months in the first instance and thereafter for another six months.
(9) If the post is to be filled by advertisement, the Registrar shall advertise the terms and conditions of the post as specified in the recruitment rules and shall screen all applications received within the date specified in the advertisement.
(10) Before fixing the time of interview, the Selection Committee shall examine credentials of all candidates who have been called for the interview. The Selection Committee shall interview all the eligible candidates and recommend the appointment of the most suitable candidate to the competent authority for approval.
(11) The recommendations of the Selection Committee shall remain valid for a period of one year from the date of interview and if for any reason the recommendations are not approved by the competent authority or appointment orders not issued after the approval of recommendations within the said period of one year, the recommendations shall lapse and fresh advertisement shall have to be issued. The quorum for the Selection Committee shall be the whole constitution of the Committee itself.
(12) Unless otherwise provided for under these Statutes, the Selection Committee constituted for the purpose of making recommendations for appointment to a post shall continue to exercise its functions in relation to that post till the appointment is made against that post.
(13) AII appointments made at the School shall be reported to the Board for its approval at its next meeting.
(14) The applications of the employees eligible for promotion under Modified Assured Career Progression (MACP) or any other such scheme, if in practice, shall be considered by the Departmental Promotion Committees before any promotion or up-gradation is recommended to the competent authority.
(15) The Departmental Promotion Committee shall be as follows:
| | | |
| --- | --- | --- |
|
1.
|
Director
|
Chairman
|
|
2.
|
Concerned Head of Department
|
Member
|
|
3.
|
One Head of Department on rotation basis from other
Departments
|
Member
|
|
4.
|
Nominee of Ministry of Human Resource Development
|
Member
|
|
5.
|
Registrar
|
Member
|
### 23. General terms and conditions of service of permanent employees.
- Permanent employees of the School shall be governed by the following terms and conditions, namely:-
(i) Subject to the provisions of the Act and the Statutes, all appointments to posts under the School shall be made on probation for a period of one year after which the appointee, if confirmed, shall continue to hold his office subject to the provisions of the Act and the Statutes, till the end of the month in which he attains the prescribed maximum age for teaching posts, for technical, for non-technical and ministerial and administrative posts as the case may be:
Provided that the appointing authority shall have the power to extend the period of probation of any employee of the school by two years and if the performance of the appointee is found to be unsatisfactory during the extended period of probation such appointee's service shall be terminated with immediate effect.
(ii) The age of superannuation shall be as specified for various classes and categories of the employees of the School by the Central Government from time to time.
(iii) The employees of the School shall be entitled to allowances in addition to pay, as admissible to the Central Government Employees from time to time.
(iv) [ The employees of the Schools, other than School of Planning and Architecture, New Delhi, shall be entitled for reimbursement of medical expenses incurred on themselves and their families as per the Central Civil Services (Medical Attendance) Rules, 1944,
[Substituted by Notification No. G.S.R. 1183(E) , dated 5.12.2018 (w.e.f. 13.10.2016).]
(iv) (a)
The employees /pensioners/family pensioners of the School of Planning and Architecture, New Delhi shall be entitled for reimbursement of medical expenses incurred on themselves and their families as per the Central Civil Services (Medical Attendance) Rules, 1944, or as per the provisions of the Central Government Health Scheme (CGHS) ]
(v) The employees of the School shall be governed by the Central Civil Services (Conduct) Rules, 1964, as amended from time to time.
(vi) The regular employees appointed on or after 01st January, 2004 shall be governed by the new Pension scheme announced by the Government of India.
(vii) The application of the employees of the School shall be forwarded for employment outside the School only two times in a year in accordance with the procedure specified in Schedule C.
(viii) The employees of the School shall be entitled to Leave Travel Concession (LTC) as admissible to Central Government Employees.
(ix) Overtime and night allowance shall be paid to the eligible employees of the School as is admissible to Central Government Employees.
### 24. Code of Conduct for permanent employees.
- The code of conduct for employees shall be made by each School in consultation with the Central Government.
### 25. Suspension, penalties, disciplinary proceedings.
- All the employees of the Schools shall be governed by the Code of Conduct as are specified in the Statutes, Ordinances and the Regulations and until such Statutes, Ordinances and Regulations are made, the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time, shall apply.
### 26. General terms and conditions of services of temporary employees.
(1) The services of a temporary employee shall be liable to termination at any time by notice of one month in writing given either by the employee to the appointing authority, or by the appointing authority to the employee.
(2) The other terms and conditions of service of such employee shall be such as may be specified by the appointing authority in his letter of appointment.
### 27. Appointments on contract.
(1) Notwithstanding anything contained in these Statutes, the Board with the prior approval of the Visitor may in special circumstances appoint an eminent person on contract for a period not exceeding two years.
(2) Subject to the provisions of the Act, the Board may appoint any person on contract in the prescribed scales of pay and on terms and conditions applicable to the relevant post for a period not exceeding two years.
(3) For making the appointments aforesaid, the Chairperson, Board of Governors shall constitute such adhoc Selection Committee, as the circumstances of each case may require:
Provided that such constitution of Committee shall be reported to the Board for confirmation.
### 28. Provident fund and pension scheme.
- Employees at the School appointed prior to 01st January, 2004 shall be governed by Central Civil Services (Pension) Rules, 1972 and Central Provident Fund (Central Services) Rules, 1960 and the Employees appointed on or after 01st January, 2004 will be governed by New Pension Scheme of the Central Government.
### 29. Resignation.
- Notwithstanding anything contained in the foregoing provisions of these Statutes, a member of the staff of School may resign,-
(i) if he is a permanent employee, only after giving three months' notice in writing to his appointing authority, or by paying three months salary in lieu thereof; and
(ii) if he is not a permanent employee, only after giving one month's notice in writing to the appointing authority or by paying one month's salary in lieu thereof:
Provided that such resignation shall take effect only on the date on which the resignation is accepted by the appointing authority.
### 30. Retirement.
(1) At any time after an employee has completed twenty years qualifying service, he may, by giving notice, of not less than three months, in writing to the appointing authority, retire from service as per the terms and conditions laid down by the Central Government, from time to time, for its own employees.
(2) The appointing authority has the right to retire the employee before superannuation as premature retirement in accordance with the provisions of the Central Civil Services (Pension) Rules, 1972.
(3) An employee can retire from service on account of any bodily or mental infirmity that permanently incapacitates him from service subject to the following conditions, namely;-
(i) the employee shall submit his application to the Registrar through proper channel and produce a medical certificate from medical authority as may be specified by the ordinances;
(ii) if the medical authority grants fitness certificate for a lower post, the employee, if willing may be appointed on such post only if available; and
(iii) such medical report shall precede or coincide with the date of retirement.
### 31. Advances.
- The permanent employees of the School shall be having facility of drawing advances for various purposes as admissible to the Central Government Employees.
### 32. Deputation.
(1) Deputation is permissible for appointment (temporary transfer) in public interest outside Schools of Planning and Architecture to other Schools of Planning and Architecture, Central Government, State Government, Universities or Autonomous Bodies including Public Sector undertakings and subject to the terms and conditions specified in the concerned recruitment rules.
(2) Deputation is allowed for a maximum period of five years extendable for a further period of one year with the approval of the Director and another year, with the approval of the Board of Governors.
### 33. Residential accommodation for employees.
(1) Every employee of the School may be allotted an unfurnished house within the campus of the School for residential use only, if available, in which he shall be required to reside, subject to such conditions as may be laid down by the House Allotment Rules of the School.
(2) An employee of the School who has been allotted house for residential use, shall be charged license fee at the rate as fixed by the Board from time to time.
(3) In addition to the license fee, water, electricity and charges for any other service rendered shall be recovered from an employee on actual basis or at such rates as may be determined by the Board from time to time.
(4) The Board may, allot furnished or unfurnished accommodation without levying any license fee or levying such fee at concessional rates to any category of staff, if it considers it necessary to do so in the interest of the School.
### 34. Leave and Vacation rules.
- The leave for all the employees of the School shall be governed by the Central Civil Services (Leave) Rules, 1972.
### 35. Scholarships, fellowships, medals and prizes.
- The Board may, on the recommendation of the Senate, institute such scholarships, fellowships medals and prizes as it may consider necessary.
### 36. Fees.
- The School shall charge the following fees, namely:-
(1) The tuition and the hostel fee shall comprise of two parts-
(a) tuition fees etc., determined by the School of Planning and Architecture Council which shall be the common for all Schools of Planning and Architecture; and
(b) hostel fees etc. as may be determined by the concerned Boards of Governors which shall be applicable to the concerned School.
(2) The caution money shall be refundable to student, scholars and fellows at the time of finally leaving the School, after deduction of relevant dues, if any, and where no claim for refund is received within two years of finally leaving the school, the caution money shall be credited into the students welfare fund.
(3) The fee concession and scholarships as may be determined by the Central Government from time to time shall also be applicable to all Schools of Planning and Architecture.
### 37. Students hostels and halls.
(1) Every School shall be a residential School and all the students and research scholars shall reside in the hostels and halls of residence build by the School for the purpose subject to availability:
Provided that in exceptional cases, for reasons to be recorded in writing, the Director may permit a student or scholar to reside with his parents or guardian, but where any such permission is accorded to a student or scholar, such student or scholar, as the case may be, shall be liable for the payment of such seat rent as he would have been liable for the payment of seat rent had he resided in the hostel.
(2) Every resident in the hostels and halls shall conform to rules laid down by the School for the purpose.
(3) For each hostel or hall of residence there shall be a Warden and such number of Assistant Wardens and other staff as may be determined by the Board from time to time.
(4) The members of the Academic Staff shall be appointed by the Director as Warden and Assistant Warden.
(5) Wardens and Assistant Wardens shall be entitled to rent free unfurnished quarters corresponding to the type of quarters to which they are normally entitled.
(6) The Board shall lay down rules for the management of the hostels and halls of residence.
### 38. Conferment of honorary degrees.
- The School may confer honorary degrees for a few exceptional and outstanding persons for their illustrious contribution in their respective fields:
Provided that all proposals for the conferment of honorary degrees shall be made by the Senate and shall be approved by the Board.
'A'
-----
[See Statute 17(2) ]
"Whereas in terms of Section 19 of the School of Planning and Architect Act, 2014 (hereinafter called the Act) read with Statute 17 (in case of SPA..........) (hereinafter called Statutes), the Visitor has been pleased to approve the appointment of Smt/Shri/Ms\_\_\_\_\_\_\_\_ as the Director of the School on contract for five years and the appointee has accepted such appointment upon the terms and conditions hereinafter appearing. Now These Presents Witnesseth and the parties hereto respectively agrees as follows:
(i) This agreement of service shall be deemed to have been entered into subject at all times to the provision of the Act, and Statutes covering the Schools as in force from time to time as applicable to permanent confirmed employees.
(ii) The appointee shall be on service under the agreement for a period of five years with effect from date of joining the post. Provided that if the appointee on conclusion of the period of service mentioned above is below 70 years of age, his service shall continue till the 30th June at the year in which the appointee concludes the said period of service or till he attains the age of 70, whichever is earlier.
(iii) The appointee shall be the Principal academic and Executive Officer of the school and serve the School as the whole time Director of the School with powers and duties provided in the said Act and Statutes.
(iv) The appointee shall devote his whole time to the service of the School and will be subject to the Conduct Rules and other provisions of the said Act and the Statutes as well as rules applicable to the Central Government employees of similar scale. Any information obtained by appointee during or in connection with his service and the work upon which he is engaged shall be treated as secret and confidential and appointee shall be deemed in all respects to be subject to the Indian Officials Secrets Act. 1923, as amended from time to time.
(v) During the period of his service except in respect of any period of suspension and also of any period of leave without pay, the appointee shall be entitled subject to the Indian Income Tax to an initial pay of Rs. .......... in the scale of Rs.............. provided that if at any time the appointee proceeds on deputation out of India, his pay and allowances during the period of his deputation will be such as may be decided by the Board of Governors. In addition, the appointee shall draw allowances like Dearness Allowance, Traveling Allowance etc. as may be admissible from time to time as per rules of the School.
(vi) During his service under these presents the appointee shall subscribe to the Contributory Provident Fund-cum-Gratuity of the School according to the provisions made in the Statutes and subject to such modifications in these provisions as may be made from time to time and shall also be entitled to the contribution of the School as admissible to the permanent confirmed employees as per the Statutes. In the event of the appointee being employer of any other School of Planning & Architecture and enjoying the benefits either under Contributory Provident Fundcum-Gratuity-cum-Gratuity Scheme or General Provident Fund-cum-Pension-cum-Gratuity Scheme, he shall join the corresponding Scheme of the School with transfer of this accumulation as admissible under the Statutes. In case the appointee is the employee of the same School he shall continue to be governed by Contributory Provident Fund-cum-Gratuity Scheme or General Provident Fund-cum-Pension-cum-Gratuity Scheme as immediately prior to this contract appointment and shall be entitled to benefits of the scheme for the period of his service under this contract like other permanent employees of the schools as per the Statutes.
(vii) Notwithstanding anything hereinbefore contained, the appointee shall unless otherwise decided by the School, be entitled to receive the whole, or in part, as may be determined by the School the benefits of any improvements in the revision of scale of pay and in retirement benefits that may be affected by the School subject to the date of these presents in the terms and conditions of the service of members of the branch of School, service to which he may for the time being belong, the decision of the School in respect of such improvement in the terms and conditions of their service of appointee shall operate so as to modify to that extent the provisions of these presents.
(viii) The appointee shall be entitled to leave as admissible to permanent non-vacation employees of the School under the Statutes.
(ix) The appointee shall be entitled to furnished free of license fee office cum residential accommodation in the campus of the School as may be sanctioned by the Board of Governors of the School.
(x) The appointee shall be eligible for privilege in relation to medical attendance and treatment as provided for in the Statutes.
(xi) The appointee shall be paid traveling expenses for joining the School as admissible to an officer of the Central Government of equivalent rank under the Transfer Traveling Allowances Rules of the Central Government deeming the appointment of the appointee as on transfer in the public interest.
If the appointee is required to travel in the interest of school work, he shall be entitled to traveling allowance and the scale provided for in the T. A. Rules of the Central Government in force from time to time. Similarly the appointee shall be entitled to leave travel concession for visiting his hometown as per the LTC Rules of the Central Government.
(xii) Any amount received by the appointee from books and articles published by him at his cost shall be left to him as an encouragement for continuing his work in that line. He would also be allowed to do consultancy and retain benefits of the same as per rules laid down by the Board of Governors from time to time and also based on the consultancy services rules of the Central Government applicable from time to time for consultancy.
(xiii) The service of appointee may during the period of contract, be terminated by the Central Government at any time by three calendar months notice in writing given at any time during service under this contract without any cause assigned. Provided always the Central Government may in lieu of the notice herein provided to give the appointee a sum equivalent to the amount of his basic pay for three months. The appointee may terminate contract of his service by giving three calendar months notice in writing to the Central Government.
(xiv) The appointee will be allowed the status of Professor of the Department of his specialty and take part in teaching and research in the said Department subject to his convenience.
(xv) In respect of any matter for which no provision has been made in this agreement the appointee will be governed by the said School of Planning & Architecture Act, 2014 or any modification thereof for the time being in force and the Statutes made thereunder for time being in force with the due approval of the Central Government.
In Witness Whereof on the day and the year first above written, the Chairman of the Board of Governors of the School has hereinto set his hand and the appointee has hereinto set his hand.
Signed and delivered for the
School of Planning and Architecture
by the Chairperson.
Board of Governors of the School
In the presence of Signature of Witnesses with addresses Signed and delivered by the said appointee In the presence of ...........................................................Signature of .....................................witnesses with addresses Director, SPA ..................................
'B'
-----
[See Statute 18 (5) ]
Deanships
### 1. The School may have not more than five deanships. There may be following Deanships in School of Planning and Architecture with the approval of the Board of Governors: (i) Dean Academic;
(ii) Dean Planning and Development;
(iii) Dean Student Affairs;
(iv) Dean Faculty Welfare; and
(v) Dean Research
### 2. Deanship is of functional position and not administrative one and such be discharged in its right spirit. Dean must be nominated by the Director only from amongst the Professors or Associate Professors, as the case may be, but should not be Head of the Department. ###
3. The Tenure of Deanship shall ordinarily be two years extendable by one more year, but Director with the approval of the Chairperson, Board of Governors may relieve any or all Deans before such period.
Duties and Responsibilities of Deans
The following duties and responsibilities have been entrusted to the Deans.
### 1. Dean (Academic) . - He or she will advice the Director in the following: (a)
Admission and enrollment of students;
(b) Finalization of academic calendar, time-tables, registration of students for course work and examinations, class room arrangements and all other requirements for proper conduct of class work;
(c) Conduct of class tests and coordinating the finalization of session's evaluations and for ensuring the timely declaration of results;
(d) Supervision of the maintenance of up-to-date academic records of all categories of students;
(e) Publication and distribution of the syllabi;
(f) Organizing meeting of all the School level academic bodies;
(g) Arranging the issue of all academic certificates, medals and prizes to the students;
(h) To arrange for conduct of examinations which are to be conducted by the school as stipulated in the school regulations.
(i) To execute the policy of the Senate in the conduct of Post Graduate, Ph.D. and other research programmes including the examination of the thesis.
(j) To coordinate for the conduct of convocation.
(k) All proposals to modify the teaching programmes will be considered first by all the Deans of the School, and if approved will be sent to the Senate for formal approval.
(l) To admit sponsored Early Faculty Induction Programme and Quality Improvement Programme candidates.
(m) To take suitable steps from time to time to strive for the high academic standards.
### 2. Dean (Planning and Development). - He or she will advice the Director in the following: (a) Planning the expansion and diversification of institutional activities and preparation of all developmental proposals, to the extent up to submission of plan and estimates related to civil, electrical, works, sanitary, network system, etc.
(b) He or she will assist the Director in the supervision of the construction and the maintenance work of buildings, roads, water supply, sanitation, lawns and gardens, communication networks, water coolers, air conditioners, telephones etc.
(c) Maintenance of all necessary statistical data regarding plan and projects required for compilation of various reports periodically required to be sent to Ministry of Human Resource Development and other agencies.
(d) Monitoring the physical targets and utilization of funds in respect of Projects and Consultancy and in the preparation of relevant papers tor submission of progress reports.
(e) Formulating proposal for new courses and in organizing meetings of faculty members and external experts for this purpose in this regard;
(f) In the efforts to expand and monitor the activities of consultancy, testing and sponsored research of School and to ensure submission of progress reports.
(g) In coordinating the formulation and conduct of non-formal and continuing education and extension programmes.
(h) To prepare the agenda and holding of the meeting for procurement of equipments related to projects, testing and consultancy etc.
(i) Providing necessary inputs for preparing the budget estimates and revise estimates and other requisite plans to the Secretary of Building and Works Committee.
### 3. Dean (Students Affairs). - He or She will advice the Director in the following:- (a) Advice the Director in organising the students' counseling.
(b) Responsible for the publication of students' Magazines, News Bulletins, Newsletters, etc.
(c) Advice the Director in matters related to students' discipline and welfare.
(d) Assist the Director in matters related to the Students Union or Association or Council, as the case may be.
(e) Co-ordinate the NCC, NSS, Games, Swimming Pool, Sports, Cultural and Co-curricular and Extracurricular activities of the students.
(f) Keep a record of Alumni and correspond with them.
(g) Conduct the enquiries of students indulged in indiscipline.
(h) Correspond with Parents or Guardians of Students about their progress and individual problems and welfare.
### 4. Dean (Faculty welfare). - He or she will advice the Director in matters related to: (a) Deputation of faculty to various institutions under Quality Improvement Programs (QIP) as per rules applicable to them.
(b) Advice the Director for deputation of the faculty members to various conferences, seminars, short-term courses, training programmes, foreign teaching, training assignments etc.
(c) Chair the committee meetings of the evaluation of papers submitted or to be submitted to the conference/seminar by the faculty members.
(d) Assist the Director in organizing training programmes for faculty;
(e) Assist the Director in maintaining the discipline and work ethos among the various departments and between the faculty members.
(f) Assist the Director in maintaining the high academic standards and achieving academic excellence in the school.
(g) Supervision over faculty discipline, integrity and commitment.
### 5. Dean (Research) . - He or she will advice the Director in matters related to: (a)
Framing of rules for industrial Sponsored research and consultancy.
(b) Create and maintain database regarding faculty expertise.
(c) Facilitate faculty in procuring equipments necessary to conduct research or consultancy work, recruitment of project staff.
(d) Coordinate co-curricular activities (technical festivals, quizzes, etc.) for the students.
(e) Providing guidance for submitting proposals to funding agencies.
(f) Formulating policies for the conduct of research and steps to maintain suitable standards by implementing the Board of Governors or Senate decision.
'C'
-----
[See Statute 23(vii) ]
Forwarding of Applications for Employment elsewhere
I. Applications for employment shall be forwarded only as per the norms approved by the Board of Governors:
II. All employees are under terms of their service, required to observe following norms for applying for other jobs in Government/ private or elsewhere:
III. General Principles:
(i) A permanent employee, having good promotion prospects, is under a normal obligation to devote his energies whole-heartedly to the duties of his post. It will not be unjust if his application for other employment is withheld and not forwarded.
(ii) Application of a temporary employee should not be withheld unless there are compelling grounds to be recorded and communicated to such temporary employee. Application from a temporary employee, who may have good prospects of being made permanent in due course, should be dealt with on merits.
(iii) Employees who have been given some technical training at Government/School expense, should continue to serve the school at least for the bond period and withholding of application in such a case is justifiable. Board may decide the policy in such cases.
(iv) Where an employee cannot be spared without serious detriment to important work in hand, his application can be withheld.
IV. Application for posts advertised by Union Public Service Commission. - School employees can apply directly to posts advertised by Union Public Service Commission but should keep the Head of the Department and Director informed. Subsequently, he should seek the permission for such appointment, but before appearing for the interview.
V. Posts in the other Schools of Planning and Architecture/ Central Universities and other comparable Institutions of Higher Education:
(a) The application from permanent employee should accompany with an undertaking that he will either join back to the concerned School of Planning and Architecture or resign from post held by him in that School of Planning and Architecture after three years.
(b) Temporary employee should give an undertaking to resign in the event of his selection and acceptance of the new appointment.
VI. Foreign assignments against open advertisements-
(a) The employee can apply with prior permission of the Chairperson, Board of Governors to be confirmed by the Board of Governors.
(b) It the time is short, an advance copy can be sent to the concerned agency with a copy to the Chairperson, Board of Governors for approval through proper channel.
(c) Such employee shall not be considered as an official nominee of School of Planning and Architecture concerned.
VII. Posts not Advertised or Circulated: The application shall not be forwarded.
VIII. Registration with Employment Exchange:
(i) Temporary employees can register with permission, but should resign when selected.
(ii) Permanent employee can register -
(a) only for higher post under the Government/Public Sector Undertaking/Autonomous Body.
(b) on production of a No Objection Certificate, from the School and
(c) an undertaking that he will after the completion of three years of joining the new post either rejoin to the concerned school or resign.
(d) when an employee rejoins his parent office, he will not be granted a "no objection certificate" for a period of three years to register his name with the Employment Exchange again.
IX. Employee under Suspension or Charge Sheeted. - No application should be forwarded if the employee is under suspension or a charge sheet has been issued or filed in the court or sanction for his prosecution has been accorded.
X. Employees whose conduct is under investigation. - An application of an employee whose conduct is under investigation may be forwarded with brief comments on the nature of allegations and with a note that he would not be released if the employee is placed under suspension or a charge sheet is issued or filed in the court or sanction for his prosecution is accorded before his selection.
'D'
-----
[See Statute 17(2) ]
Eligibility Criteria for Appointment as Director, School of Planning and Architecture
The appointment will be made on contract basis for a period of five years. The Director will be governed by the School of Planning and Architecture Act, 2014 and its Statutes as well as any other instructions issued from time to time by the Central Government.
### 1. Educational Qualifications: (i) Master's degree or equivalent qualification in the appropriate branch of Architecture/Planning; and
(ii) Ph. D degree in an appropriate branch of Architecture/Planning
OR
Published works in referred journals equivalent to Ph. D. The published work of candidates applying for the post shall be referred to the Senate of the School, for which the appointment is being made, for decision.
### 2. Experience. - 15 years experience in Teaching/ Industry/ Research out of which 5 years must be at the level of Professor or above in Architecture/Planning. He/She should be an eminent person in the field. Desirable: Administrative experience in responsible position.
### 3. Qualification and Experience for candidates from Industry and Profession. - Candidates from Industry/ Profession with first class Bachelor's/ Master's degree in the appropriate branch of Architecture/Planning And
Professional work which is significant and can be recognized as equivalent to Ph. D. degree and with 15 years experience of which atleast 5 years should be at a Senior Level comparable to that of a Professor would also be eligible.
OR
Officers under the Central Govt/ State Govt/ Union Territory Administrations or Public Enterprises holding a post of Joint Secretary to the Govt. of India on regular basis with 5 years experience in managing technical education system.
OR
Officers of Universities Research Institute of academic organizations not below the rank of Registrar of Central Universities or equivalent with at least 10 years regular service in the grade of Rs.16400-22400(pre-revised) [Revised: PB-4, 37400-67000 + 10000 AGP]
Desirable: Administrative experience in a responsible position.
### 4. Age. - The candidate should be below the age of 65 years .
|
65b90cf0ab84c7eca86e83b3 | acts |
State of Telangana - Act
--------------------------
The Telangana Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2018
------------------------------------------------------------------------------------------
TELENGANA
India
The Telangana Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2018
==========================================================================================
Rule THE-TELANGANA-PANCHAYAT-RAJ-PREPARATION-AND-PUBLICATION-OF-ELECTORAL-ROLLS-RULES-2018 of 2018
----------------------------------------------------------------------------------------------------
* Published on 19 May 2018
* Commenced on 19 May 2018
The Telangana Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2018
Published vide Notification No. G.O.Ms.No. 26 Panchayat Raj and Rural Development (Pts.3) department, dated 19.5.2018
G.O.Ms.No. 26 Panchayat Raj and Rural Development (Pts.3) department, dated 19.5.2018. - In exercise of the powers conferred by clause (i) sub-section (2) of section 286, read with section 11, sub-section (2) of section 145 and sub-section (2) of section 174, of the Telangana Panchayat Raj Act, 2018 (Act
No. 5 of 2018
), the Governor of Telangana, hereby, makes the following Rules relating to preparation and publication of electoral rolls under the said Act, for a Gram Panchayat, Mandal Praja Parishad and Zilla Praja Parishad, or any portion thereof.
### 1. Short Title.
- These rules may be called the Telangana Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2018.
### 2. Preparation of Gram Panchayat electoral roll.
(1) The electoral roll of a Gram Panchayat, hereinafter referred to as "the electoral roll", shall be such part of the current electoral roll of the Telangana Legislative Assembly Constituency, prepared and published under the Representation of the People Act, 1950 (Central Act 43 of 1950), as relates to the village, which shall be prepared by the District Panchayat Officer, taking into account the various amendments issued to the said electoral roll of the Assembly Constituency, from time to time, as they relate to the village, upto the date of election notification.
(2) There shall be a separate electoral roll for each Gram Panchayat.
### 3. Electoral roll for election to the office of Sarpanch.
- For the purpose of election of Member and Sarpanch of Gram Panchayat, the roll prepared under Rule 2 shall be the electoral roll.
### 4. Form and language of the roll.
(1) The roll shall be prepared in the format specified by the State Election Commission, by order.
(2) The roll shall be prepared in such language or languages in which the roll of the Telangana Legislative Assembly Constituency, within which the Gram Panchayat is situated, is prepared.
### 5. Publication of copies of rolls.
(1) As soon as the roll is prepared in accordance with these rules, the District Panchayat Officer shall, make arrangements to print or copy or cyclostyle or write in manuscript as many copies of the roll as may be directed by the State Election Commission, from time to time. He shall publish the same for inspection by general public:
(a) on the notice board kept in the office of the District Panchayat Officer.
(b) on the notice board kept in the office of the Mandal Praja Parishad.
(c) on the notice board kept in the office of the Gram Panchayat.
(d) at three conspicuous places in the concerned village; and
(e) on the web portal of the Gram Panchayat, if any.
(f) the published copies of the electoral rolls are to be supplied on free of cost to the recognized political parties and also to the registered political parties having reserved symbol by obtaining acknowledgements from them. For others, copies may be given on payment of actual cost of making copies of the rolls.
(2) The electoral roll published under sub-rule (1) shall indicate the ward division made under sub-section (4) of Section 11 or as the case may be, under Section 12, of the Telangana Panchayat Raj Act, 2018 (Act
5 of 2018
), hereinafter in these rules referred to as "the Act".
(3) Upon such publication under this rule, the roll shall be the electoral roll of the Gram Panchayat and shall remain in force till a fresh electoral roll is prepared and published.
### 6. Procedure for lodging claims and objections.
- All omissions of names in any part of the roll or objections to any entry in the roll, at any point of time after its publication under Rule 5, shall be settled only after a suitable amendment to the relevant entry in the electoral roll of the Legislative Assembly Constituency, based on which the Gram Panchayat roll was prepared. Anybody wishing to prefer a claim for inclusion or deletion of any name in the roll or any objection in respect of any entry in the roll so published, shall submit a proper claim or objection under the provisions of the Registration of Electors Rules, 1960 made under the representation of the People Act, 1950 (Central Act 43 of 1950), to the Electoral Registration Officer of the concerned Legislative Assembly Constituency. Subject to the provisions of Section 11 of the Act, and based on the orders of the Electoral Registration Officer of the Assembly Constituency on such claims and objections, the District Panchayat Officer shall incorporate all such amendments made upto the date of the notification issued by the State Election Commission under sub section (2) of Section 198 of Telangana Panchayat Raj Act, 2018 into the Gram Panchayat electoral rolls. In case of any clerical or printing error or both, or when the entries deviate from the particulars of the Assembly Electoral roll, the District Panchayat Officer may cause such errors rectified, so as to bring it in conformity with the particulars of the Assembly Electoral roll concerned. However, the District Panchayat Officer shall not resort to suo motu revision of the rolls by way of deletions or additions or modifications.
### 7. Electoral roll of a Mandal Praja Parishad.
(1) For purposes of preparation and publication of electoral roll for the election to the office of members of Mandal Praja Parishad, the provisions of Sections 11 and 12 of the Telangana Panchayat Raj Act, 2018 shall apply mutatis mutandis.
(2) The Electoral roll for the Gram Panchayat prepared and published under Rule 2 shall be arranged Territorial Constituency-wise of the Mandal Praja Parishad by the Mandal Parishad Development Officer and it shall be divided into convenient parts which shall be numbered conveniently. The part of the electoral roll shall be arranged Gram Panchayat-wise in alphabetical order for each Mandal Praja Parishad Territorial Constituency for the purpose of conducting elections of Mandal Parishad Territorial Constituency.
(3) A copy of such electoral roll in respect of each Territorial Constituency of Mandal Praja Parishad shall be kept open for inspection by displaying it in the office of the Mandal Praja Parishad concerned by the Mandal Parishad Development Officer.
### 8. Electoral roll of a Zilla Praja Parishad.
(1) For purposes of preparation and publication of electoral roll for the election of member of Zilla Praja Parishad, the provisions of Sections 11 and 12 shall apply mutatis mutandis.
(2) The electoral roll for the Gram Panchayat prepared and published under Rule 2 shall be arranged for each Mandal Praja Parishad which is a Territorial Constituency of the Zilla Praja Parishad by the Chief Executive Officer, Zilla Praja Parishad concerned, and it shall be divided into convenient parts which shall be numbered conveniently. The part of the electoral roll shall be arranged Gram Panchayat-wise in alphabetical order for each Zilla Praja Parishad Territorial Constituency, for the purpose of conducting elections of Zilla Parishad Territorial Constituency.
(3) A copy of such electoral roll in respect of each Territorial Constituency of Zilla Praja Parishad shall be kept open for inspection by displaying it in the office of the Mandal Praja Parishad and Zilla Praja Parishad concerned by the Chief Executive Officer, Zilla Praja Parishad.
Form - I
Notice of Publication of Electoral Roll
(See rule 5)
Date: \_\_\_\_\_\_\_\_\_\_
Notice is hereby given that, the electoral roll of the ........................ Gram Panchayat in .................................. Mandal has been prepared in accordance with the Telangana Panchayat Raj (Preparation and Publication of Electoral Rolls) Rules, 2018 by adopting the existing entries in the relevant part of the Electoral Roll for Legislative Assembly Constituency prepared under the Representation of the People Act, 1950. The same is kept open for inspection at my office and at the office of the Gram Panchayat.
Any person who wishes to lodge any claim for including his/her name in the roll or any objection to the inclusion of a name or any objection to the particulars of any entry in the said roll, shall first get such claim or objection settled with reference to the corresponding entry in the Electoral Roll of the Assembly Constituency by lodging suitable claim or objection under the provisions of the Representation of the People Act, 1950 (Central Act 43 of 1950) and the Registration of Electors Rules, 1960 made thereunder, before the Electoral Registration Officer of the said Assembly Constituency.
All orders of inclusion, deletion or corrections issued on the basis of these claims and objections by the said Electoral Registration Officer till the date of the notification issued by the State Election Commission under sub-section (2) of Section 198 of the Telangana Panchayat Raj Act, 2018, will be duly incorporated in the electoral Roll of the Gram Panchayat.
District Panchayat Officer
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District.
|
65ba6d25ab84c7eca86eb46d | acts |
Union of India - Act
----------------------
The Indo-Tibetan Border Police Veterinary Cadre (Group 'A') Recruitment Rules, 1999
-------------------------------------------------------------------------------------
UNION OF INDIA
India
The Indo-Tibetan Border Police Veterinary Cadre (Group 'A') Recruitment Rules, 1999
=====================================================================================
Rule THE-INDO-TIBETAN-BORDER-POLICE-VETERINARY-CADRE-GROUP-A-RECRUITMENT-RULES-1999 of 1999
---------------------------------------------------------------------------------------------
* Published on 27 July 1999
* Commenced on 27 July 1999
The Indo-Tibetan Border Police Veterinary Cadre (Group 'A') Recruitment Rules, 1999
Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(i) , dated 27th July, 1999.
### 1961. G.S.R.552 (E) . dated 27th July, 1999. - In exercise of the powers conferred by Cl (b) of sub-section (2) of Section 156 of the Indo-Tibetan Border Police Force Act, 1992 (
35 of 1992
), and in supersession of (i) the Indo-Tibetan Border Police Commandant (Senior Surgeon) Recuitment Rules, 1992, (ii), the Indo-Tibetan Border Police Commandant (Senior Veterinary Surgeon) Recuitment Rules, 1992, (ii) the, Indo-Tibetan Border Police, Assistant Commandant (Veterinary Surgeon) Recruitment Rules, 1981 and (iii) Indo-Tibetan Border Police, Company Commander (Assistant Veternary Surgeon) Requitment Rules, 1983, except as respects things does or omitted to be done before such supersession, the Central Government hereby makes the following rules regulating the method of recruitment to Group 'A' posts in the Veterinary Cadre in the Indo-Tibetan Border Police Force, namely :
### 1. Short title and Commencement.
(1) These rules may be called the Indo-Tibetan Border Police, Vaterinary Cadre (Group 'A') Recruitment Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Number of posts classification and scale of pay.
- The number of the said posts, their classification and the scales of pay attached thereto shall be as specified in columns (2) to (4) of the Schedule anexed to these rules.
### 3. Method of recruitment, age limit and other qualifications.
- The method of recruitment to the said posts, age limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (14) of the said Scheudle.
### 4. Disqualification
- No person :
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any of the said posts:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
### 5. Power to relax.
- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
### 6. Saving.
- Nothing in these rules shall affect reservations, relaxation of age limit and other concession required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, 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.
Schedule
----------
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Name
of the Post
|
Number
of Posts
|
Oassification
|
Scale
of pay
|
Whether
by selection-cum-seniority or selection by merit
|
Whether
benefit of added years of service admissible under rule 30 of the
Central Civil Services (Pension) Rules,
1972.
|
Age
limit for direct recruits.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1.
Commandant (Senior Veterinary Surgeon)
|
1\*
(1999) •Subject
to variation dependent on workload.
|
General
Central Service Group 'A' Gazetted, (Non-Ministerial).
|
Rs.
12,000-375-16,500/-
|
Selection
by merit
|
Not
applicable
|
Not
applicable
|
|
Educational
and other qualifications required for direct recruits.
|
Whether
age and educational qualifications prescribed for direct recruits
will apply in the case of promotees.
|
Period
of probation if any.,
|
Method
of recruitment whether bydirect
recruitment or by promotion or by deputation/absorption and
percentage of the posts to be filled by various methods.
|
|
8
|
9
|
10
|
11
|
|
|
|
|
Not
applicable
|
Not
applicable
|
Not
applicable
|
By
promotion failing which by deputation
|
|
|
|
In
case of recruitment by promotion/ deputation/ absorption, grade
from which promotion/ deputation/ absorption to be made
|
|
|
|
|
12
|
|
|
|
|
ByPromotion:
Deputy
Commandant (Veterinary Surgeon) of Indo-Tibetan Border Police
Force with five years' regular service in the grade and being in
medical category SHAPE-I.
ByDeputation:
Persons
holding analogous posts on regular basis in other Central/State
Government departments and Vaterinary Doctors of other
Central/State Government who are in the pay scale of Rs.
10,000-325-15,200 having five years regular service in the grade.
(The
period of deputation including the period of deputation in
another ex-carue post held immediately precedingthisappointment in same or some other
Organisation or department of the Central Government shall
ordinarily not exceed three years). The maximum agelimitfor appointment by deputation shall
be not exceeding 56 years on the closing date of receipt of
applications.
|
|
If
a Departmental Promotion Committee exists what is its
composition.
|
|
Circumstances
in which Union Public Service Commission is to be consulted in
making
recruitment.
|
|
|
13
|
|
|
|
14
|
|
|
Group'A'Departmental Promotion Committee
consisting of:-
|
|
Exempted
from the purview of Union Public Service Commission consultation
|
|
1.Director General, Indo-Tibetan
Border Police.
|
|
Chairman.
|
|
|
|
2.
Joint Secretary, Ministry of Home Affiars.
|
|
Member
|
|
|
|
3.Inspector General, Indo-Tibetan
Border Police.
|
|
Member
|
|
|
|
4.
Deputy Inspector General/Chief Administrative Officer,
Indo-Tibetan Border Police.
|
|
Member
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
2.
Deputy Commandant (Veterinary Surgeon)
|
8\*
(1999) "
Subject to variation dependent on workload.
|
General
Service Group 'A' (Gazetted) , (Non-Ministerial)
|
Rs.
10,000-325-15,200/-
|
Selection
by merit
|
Not
applicable
|
Not
applicable
|
|
|
8
|
9
|
10
|
11
|
|
|
|
|
Not
applicable
|
Not
applicable
|
Two
years
|
By
promotion failing which by deputaiton
|
|
|
|
|
|
12
|
|
|
|
|
ByPromotion:
Veterinary
Assistant Surgeon/ Assistant Commandant (Veterinary Assistant
Surgeon) of Indo-Tibetan Border Police Force with six years
service in the grade and being in medical category SHAPE-I.
ByDeputation:
Officers
holding eligible for holding analogous posts under the Central
Government or State Government having a Degree in Veterinary
Science and Animal Husbandary or equivalent.
(The
period of deputation including the period of deputation in
another ex-cadre post held immediately preceding this appointment
in same or some other organisation or department of the Central
Government shall ordinarily not exceed three years). The maximum
age limit for appointment by deputation shall be not exceeding 56
years as on the closing date of receipt of applications.
|
|
|
13
|
|
|
|
14
|
|
|
Group
'A' Departmental Promotion Committee consisting of :-
|
|
Exempted
from the purview of Union Public Service Commission consultation.
|
|
1.
Director General, Indo-Tibetan Border Police.
|
|
Chairman.
|
|
|
|
2.
Inspector General, Indo-Tibetan Border Police
|
|
Member.
|
|
|
|
3.
Director /Deputy Secretary, Ministry of Home Affairs. -
|
|
Member.
|
|
|
|
4.
Deputy Inspector General/Chief Administrative Officer,
Indo-Tibetan Border Police.
|
|
Member.
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
3.Assistant Commandant
(Veterinary
Assistant Surgeon)
|
8\*
(1999) \*
Subject to variation dependent on workload
|
General
Central Service Group'A'(Gazetted) (Non-Ministerial)
|
Rs.8000-275 -13,500/-.
|
Selection
by merit
|
Not
applicable
|
["Not Exceeding 30 Years" (Relaxable for Government Servants upto 5 Years in accordance with the
Instructions or Orders issued by the Central Government from time to time)]
[Substituted by Notification No. G.S.R. 62(E) , dated 25.1.2000 (w.e.f. 27.7.1999)]
|
|
8
|
|
9
|
10
|
11
|
|
|
|
Essential
:
A
degree in Veterinary Science and Animal Husbandry of a recognised
University /Institution or equivalent.
Desirable:
(i) One year experience in the
management of Farm Animals and treatment of sickanimals
Or
(ii) Post-graduate training in any
subject of Veterinary Science.
|
Not
applicable
|
Two
years
|
Direct
recruitment failing which by deputation.
|
|
|
|
|
|
12
|
|
|
|
|
ByDeputation:
From
amongst Officers of the Central or State Government departments
holding the post of Veterinary Assistant Surgeon or equivalent
post and in possession of a degree in Veterinary Science and
Animal Husbandry.
(The
period of deputation including the period of deputation in
another ex-cadre post held immediately precedingthisappointment in same or some other
Organsiation or department of the Central Government shall
ordinarily not exceed three years). The maximum age limit for
appointment by deputation shall be not exceeding 56 yearsas on the closing date of receipt of
applications.
|
|
|
13
|
|
|
|
14
|
|
|
Group'A'Departmental Promotion Committee for
confirmation consistingof:-
|
|
Exempted
from the purview of Union Public Service Commission consultation
|
|
1.Director General, Indo-Tibetan
Border Police.
|
|
Chairman.
|
|
|
|
2.Inspector General,Indo-Tibetan Border Police
|
|
Member.
|
|
|
|
3.Deputy Inspector
General! Chief Administrarative Officer,Indo-Tibetan
Border Police.
|
|
Member.
|
|
|
|
4.Commandant (Senior Veterinary
Surgeon), Indo-Tibetan Border Police.
|
|
Member.
|
|
|
|
65b9f549ab84c7eca86ea522 | acts |
State of West Bengal - Act
----------------------------
The West Bengal Law Clerks Act, 1997
--------------------------------------
WEST BENGAL
India
The West Bengal Law Clerks Act, 1997
======================================
Act 6 of 1997
---------------
* Published on 16 April 1997
* Commenced on 16 April 1997
The West Bengal Law Clerks Act, 1997
West Bengal Act
6 of 1997
[16th April, 1997.]
Assent of the Governor first published in the Calcutta Gazette, Extraordinary, dated the 16th April, 1997.
An Act to provide for the regulation and control of the system of registration and licensing, and the regulation of the practice and training, of law clerks in West Bengal and for matters connected therewith or incidental thereto.
Whereas it is expedient to provide for the regulation and control of the system of regulation and licensing, and the regulation of the practice and training, of law clerks in West Bengal and for matters connected therewith or incidental thereto;
It is hereby enacted as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the West Bengal Law Clerks Act, 1997.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "advocate" has the same meaning as in clause (a) of section 2 of the Advocates Act, 1961;
(b) "appointed day", in relation to any provision of this Act, means a day on which that provision comes into force;
(c) "law clerk" means a law clerk entered in the State roll under the provisions of this Act;
(cc) [ "Licensing Authority" means an authority appointed by the State Government by notification in the Official Gazette for the purposes of this Act, and includes a licensing authority under any law for the time being in force, holding office as such on the date of commencement of this Act till the date of appointment of a Licensing Authority under this Act, and also includes such other authority or authorities as may be prescribed;]
[Clause (cc) inserted by West Bengal Act 28 of 1997.]
(d) "prescribed" means prescribed by rules made under this Act;
(e) "right to act" means the right to do one or all of the following acts:-
(i) to accept employment under an advocate to assist him in the work of his legal profession or to enter into an agreement with an advocate for the purpose of assisting him in the work of his legal profession;
(ii) to present application signed by an advocate of the parties to a litigation for information, supply of form, return of document, repayment of deposit, inspection or any other matter of routine nature;
(iii) to take delivery of copies or information, and to tender money, on behalf of an advocate;
(iv) to identify persons swearing affidavits;
(v) to take notes from the cause lists and books of information regarding dates of hearing, processes, process-fees due, and like matters;
(vi) to file before an officer of any court, tribunal or other authority or person legally authorised to take evidence, whether on oath or not, any document, material or thing required to be filed before such court, tribunal or other authority or person on behalf of a litigant, provided such document, material or thing is accompanied by a list of such document, material or thing and is signed by the advocate of the concerned party;
(vii) to do any other act which may be required by any rules made under any law for the time being in force or by any order issued by the State Government or the High Court;
(f) "roll" means a roll of law clerks prepared and maintained under section 8;
(g) "State Council" means a council of law clerks constituted under section 3.
### 3. State Council.
(1) There shall be a State Council consisting of twenty-seven members elected from amongst the law clerks on the roll in such manner and from such constituencies as may be prescribed.
(2) There shall be a Chairman, a Vice-Chairman, a General Secretary, elected by the State Council from amongst its members in such manner as may be prescribed.
(3) The term of office of the members of the State Council shall be three years from the date of the first meeting of the State Council :
Provided that the members of the State Council shall continue to hold office until the first meeting of the next State Council.
(4) The State Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold properties, both moveable and immoveable, and to contract, and shall by its name sue and be sued.
### 4. Functions of State Council.
(1) The functions of the State Council shall be-
(a) to admit persons as law clerks on the roll;
(b) to prepare and maintain the roll;
(c) to issue enrolment certificates;
(d) to entertain and determine cases of misconduct against law clerks on the roll;
(e) to safeguard the rights, privileges and interests of law clerks on the roll;
(f) to organise, conduct and manage training, as may be prescribed, for admitting persons as law clerks on the roll and to promote, encourage and organise refresher courses;
(g) to manage and invest the funds of the State Council;
(h) to provide for the election of its members;
(i) to lay down the standards of professional conduct;
(j) to lay down the procedure to be followed by its disciplinary committee;
(k) to promote and support law reforms relating to the profession of law clerks;
(l) to conduct seminar, and to organise talks, on the profession of law clerks and on legal topics and to publish journals;
(m) to publish periodicals and papers of interest to law clerks;
(n) to do all acts to provide aid for the welfare of all or any specified category or group of law clerks;
(o) to perform all other functions conferred by or under this Act;
(p) to do all other things necessary for discharging the aforesaid functions.
(2) The State Council shall constitute the following committees:-
(a) one Executive Committee consisting of seven members to be elected by the members of the State Council from amongst themselves;
(b) one Enrolment Committee consisting of five members of whom four shall be elected by the members of the State Council from amongst themselves and the other shall be an advocate elected by the members of the State Council;
(c) one or more Disciplinary Committee, each consisting of three members, of whom two shall be elected by the members of the State Council from amongst themselves and the other shall be an advocate elected by the members of the State Council.
(3) The State Council may constitute any other committee with the members from amongst its members as it may deem necessary for the purposes of carrying out the provisions of this Act:
Provided that wherever an advocate is a member of any committee, in whatever name, he shall be the Chairman or the President of that committee.
### 5. Constitution of fund.
(1) The State Council may constitute one or more funds in the manner prescribed for the purposes of-
(a) carrying out all or any of the functions of the State Council under sub-section (1) of section 4;
(b) giving financial assistance to, or organise welfare schemes for, the indigent, disabled or other law clerks.
(2) The State Council may receive any grant, donation, gift or benefaction for all or any of the purposes mentioned in sub-section (1) and such grant, donation, gift or benefaction shall be credited to the appropriate fund or funds constituted under sub-section (1).
(3) The State Council may, for any of the purposes mentioned in subsection (1), raise funds from among the law clerks on the roll by providing for compulsory payment by each law clerk on the roll of a sum of money, not exceeding thirty rupees, annually:
Provided that no part of the funds so raised shall be utilised for any purposes other than those mentioned in sub-section (1) .
### 6. Power to make rules.
(1) The State Government shall, in consultation with the High Court, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the election of members of the State Council by secret ballot, including the condition subject to which a person may exercise his right to vote by postal ballot, the preparation and revision of electoral rolls, and the manner in which the result of election shall be published;
(b) the manner of election of Chairman, Vice-Chairman and General Secretary of the State Council;
(c) the manner in which, and the authority by which doubts and disputes as to the validity of an election to the State Council or the election of Chairman, Vice-Chairman or General Secretary of the State Council shall be finally decided;
(d) the filling of casual vacancy in the State Council or any Committee thereof;
(e) the powers and duties of the Chairman, the Vice-Chairman and the General Secretary of the State Council and the members of various Committees thereof;
(f) the constitution of one or more funds by the State Council for the purpose of carrying out the functions of the State Council under sub-section (1) of section 4;
(g) the summoning and holding of meetings of the State Council, the conduct of business thereat, and the number of members necessary to constitute a quorum;
(h) the constitution and functions of any committee of the State Council and the term of office of the members of any such committee;
(i) the summoning and holding of meetings of a committee of the State Council, the conduct of business of any such committee, and the number of members necessary to constitute a quorum;
(j) the qualifications and the conditions of service of the employees of the State Council;
(k) the appointment of auditors, and audit of the accounts of the State Council;
(l) the maintenance of books of account and other books by the State Council;
(m) the management and investment of the funds of the State Council.
Chapter II
Preparation and maintenance of roll
---------------------------------------------------
### 7. Class of law clerks.
- There shall be one class of law clerks for the purposes of this Act.
### 8. Preparation and maintenance of roll.
(1) The State Council shall prepare and maintain a roll of law clerks in which shall be entered the name and address of-
(a) any person who on the appointed day, has been working, or had previously worked for at least five consecutive years, as an advocates clerk or licensed clerk under, and in accordance with, a licence or registration certificate granted by or under any rule, or order of a presiding officer, of a court or tribunal, and has been attached to any advocate or pleader:
Provided that such person shall make an application for such enrolment in the prescribed form and shall deposit the prescribed fee within one year from the appointed day;
(b) any other person who is admitted to be a law clerk on the roll on or after the appointed day:
Provided that no person shall be enrolled as a law clerk unless he has paid, in respect of such enrolment, an enrolment fee of two hundred rupees to the State Council:
Provided further that the State Council shall not entertain any application for enrolment unless the applicant produces a receipt showing payment of one hundred rupees as admission fee to the State Government and the original licence of law clerk granted according to law by a competent licensing authority.
(2) Entries in the roll shall be in alphabetical order and shall be subject to any rule that may be made by the State Government in this behalf.
### 9. Issue of certificate of enrolment.
(1) There shall be issued a certificate of enrolment in the prescribed form by the State Council to every person whose name is entered in the roll. Every person whose name is so entered in the roll shall notify any change of place of his permanent residence to the State Council within ninety days of such change.
(2) Subject to the provisions of this Act and the rules made thereunder, after the appointed day, a person shall be qualified to be admitted as a law clerk on the roll, if he fulfils the following conditions:-
(a) he is a citizen of India;
(b) he has, on the date of application, completed the age of eighteen years, but has not exceeded the age of forty years;
(c) he has passed the Madhyamik Examination of the Board of Secondary Education, West Bengal, or its equivalent examination;
(d) he has completed a period of probation for one year under a law clerk acting as such for not less than five years in any court in West Bengal under a licence granted by a competent authority;
(e) he fulfils such other conditions as may, on the recommendation of the State Council or otherwise, be specified by the State Government.
(3) Notwithstanding anything contained in sub-section (2), any person, who has been a law clerk duly licensed under any law for the time being in force, may be admitted on the roll, if he makes, within one year from the appointed day, an application for such enrolment in accordance with the provisions of this Act, and pays to the State Council two hundred rupees as enrolment fee.
### 10. Bar to enrolment.
- No person shall be admitted as a law clerk on the roll if he has been convicted of an offence involving moral turpitude:
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of three years has elapsed since such person has served the sentence.
### 11. Application for admission as law clerk.
- An application for admission as a law clerk shall be made in the prescribed form to the State Council.
### 12. Disposal of application for admission as law clerk.
- Every application for admission as a law clerk shall be referred by the State Council to its Enrolment Committee and, subject to any direction that may be given in writing by the State Council in this behalf, such committee shall dispose of the application in the prescribed manner:
Provided that the State Council may, if it is satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll by misrepresentation of any essential fact or by fraud or undue influence, remove the name of such person from the roll after giving him an opportunity of being heard.
### 13. Removal of name from roll.
- The State Council may remove from the roll the name of any law clerk on his death or on the request made in writing by a law clerk to remove his name.
### 14. Power to make rules.
(1) The State Government may make rules for carrying out the purposes of this chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the time within which and the form in which a law clerk shall express his intention for the entry of his name in the roll under section 8;
(b) the form in which an application shall be made to the State Council for admission as a law clerk on the roll, and the manner in which such application shall be disposed of by the Enrolment Committee of the State Council;
(c) the condition subject to which a person may be admitted as a law clerk on the roll;
(d) the manner, including instalments, if any, in which the enrolment fee may be paid.
Chapter III
Issue of licence and renewal, cancellation or suspension of licence
------------------------------------------------------------------------------------
### 15. Issue of licence.
(1) Every person who desires to be licensed to act as law clerk in any court, tribunal or other competent authority, shall apply in his own hand-writing to the Licensing Authority and submit the following documents with such application:-
(a) document regarding educational qualifications,
(b) document regarding age and date of birth,
(c) certificate from an advocate recommending issue of licence in favour of him,
(d) document regarding his permanent address and usual place of residence,
(e) a character certificate from a responsible person, and
(f) treasury challan showing deposit of fee of fifty rupees in favour of the State Government under the appropriate Head of Account.
(2) After receiving the application with the documents mentioned in clauses (a) to (f) of sub-section (1), the Licensing Authority or any person appointed by it for the purpose shall scrutinize the application and the documents and, if necessary, make an enquiry about the bona fide of the application and the genuineness of the documents. If, on such serutiny and enquiry, the Licensing Authority or the person appointed by it is satisfied about the bona fide of the applicant and genuineness of the documents, the Licensing Authority or such person, as the case may be, shall issue a letter to the applicant to appear before it or him on a day to be mentioned in the letter for such test, both oral and written, as may be prescribed.
(3) When the Licensing Authority is of the opinion that the applicant is a fit and proper person to be employed as a licensed law clerk, it shall enter his name in the register to be maintained for the purpose and issue to him a licence [in the Form set out in the Schedule to this Act]
[Words substituted for the words 'in the prescribed form' by West Bengal Act 28 of 1997.]
. The licence shall be non-transferable and shall be renewable every five years on payment of a renewal fee of fifty rupees. The fact of renewal of a licence shall be endorsed on the back of the form of the previous licence.
(4) Each Licensing Authority shall, at the beginning of the year, send a copy of the register referred to in sub-section (3) and of all subsequent alterations and additions therein immediately after they are made, to the State Council and also to the other Licensing Authority, if any, at the same station, for information and for incorporation of the same in its register.
(5) Every application of a law clerk for renewal of licence shall be supported by the following documents:-
(i) a treasury challan showing deposit of renewal fee of fifty rupees;
(ii) a certificate from an advocate to whom he is attached or engaged.
### 16. Suspension or cancellation of licence.
(1) The Licensing Authority, of its own or on receiving any recommendation of the State Council or the advocate to whom a law clerk is attached or engaged, for suspension or cancellation of the licence of the law clerk, may, by order, suspend him or remove his name from the register and cancel his licence, for reasons to be recorded in writing, after giving him a reasonable opportunity of being heard in his defence, if he is found guilty of any such misconduct as may render him unfit for the exercise of his duties as law clerk or if he is convicted for any offence involving moral turpitude. Every order of suspension of a law clerk or removal of his name from the register and every order of cancellation of licence shall be communicated forthwith by the Licensing Authority to the State Council and also the other Licensing Authorities of the district concerned. A copy of the order of such suspension or removal of name from the register and cancellation of the licence shall be given forthwith free of cost, to the law clerk concerned.
Explanation. - Any proceeding taken against a law clerk under this subsection shall be deemed to be administrative, and not judicial, proceeding.
(2) Where the order of suspension or removal of name from the register and cancellation of licence is passed by a court subordinate to the District Judge, there shall be a right to appeal to the District Judge and where such order is passed by the District Judge, the appeal shall lie to the Secretary to the Government of West Bengal in the Judicial Department.
(3) (a)
The termination of agreement of attachment or engagement of a law clerk by an advocate shall not be itself result in suspension, or removal of name from the register, and cancellation of licence, of the law clerk, of removal of his name as law clerk, or removal of his name as law clerk from the roll.
(b) Notwithstanding such termination of agreement by the advocate, the law clerk shall continue to be a licensed law clerk unless and until his licence is suspended or cancelled by the Licensing Authority in accordance with the provisions of this Act and the rules made thereunder in that behalf, if any, and such law clerk shall be at liberty to enter into a fresh agreement with any other practising advocate on the strength of his existing licence:
Provided that for renewal of such licence, a certificate from an advocate shall be submitted with the application for renewal together with such other documents as may be required for such renewal under this Act.
Chapter IV
Right to act
----------------------------
### 17. Right to act.
- Subject to the provisions of this Act and the rules made thereunder, the class of law clerks referred to in section 7 shall have the right to act with effect from the appointed day.
### 18. Jurisdiction of law clerk.
- Subject to the provisions of this Act and the rules made thereunder, every law clerk whose name is entered in the roll, shall be entitled to act throughout West Bengal, provided he holds a licence or certificate of registration as law clerk granted by a competent authority.
### 19. Conditions for acting as law clerk.
- The State Government may by rules provide for the conditions subject to which a law clerk may act as law clerk before any court, tribunal, or other authority or before any person legally authorised to take evidence or before the Registrar or the Sub-Registrar appointed under the Registration Act, 1908, or any other office.
Explanation. - The right to act as law clerk shall not cease only because the State Government has not made any rules.
Chapter V
Conduct of law clerk
-----------------------------------
### 20. Conduct and discipline.
(1) Where, on receipt of a complaint or otherwise, the State Council has reason to believe that any law clerk on the roll has been prima facie guilty of professional or other misconduct, it shall refer the case to its Disciplinary Committee for disposal.
(2) The State Council may, either of its own or on application made to it by any person interested, withdraw a proceeding pending before a Disciplinary Committee of the State Council and direct the enquiry to be made by any other Disciplinary Committee of the State Council.
(3) The Disciplinary Committee of the State Council, after giving the law clerk concerned an opportunity of being heard, may make any of the following orders:-
(a) dismiss the complaint or, where the proceeding was initiated at the instance of the State Council, direct that the proceeding be filed;
(b) reprimand the law clerk;
(c) suspend the law clerk for such period as the Disciplinary Committee may deem fit.
(4) Where a law clerk is suspended from practice under clauses (c) of sub-section (3), he shall have no right to practise during the period of suspension.
### 21. Time limit for disposal of complaint.
- The Disciplinary Committee of the State Council shall dispose of the complaint received by it expeditiously and in each case the proceeding shall be concluded within a period of one year from the date of initiation of the proceeding before the Disciplinary Committee of the State Council.
### 22. Summary enquiry.
- In deciding any proceeding the Disciplinary Committee of the State Council shall make summary enquiry and take such evidence in such form as may be prescribed.
### 23. Appeal.
(1) Any person aggrieved by an order of the Disciplinary Committee of the State Council made under section 20 or by an order of the State Council to admit a person as law clerk may, within ninety days of the date of the communication of the order to him, prefer an appeal to the State Government.
(2) The State Government shall form an Appellate Committee with persons who, for at least seven years, held a judicial post under the State Government or who, for at least seven years, have been practising advocate enrolled in the Bar Council of West Bengal constituted under section 3 of the Advocates Act, 1961.
(3) Every such appeal shall be heard by the Appellate Committee which may dismiss the appeal and uphold the order or reverse or alter, in any manner, the decision of the Disciplinary Committee or the State Council, as the case may be, and such decision of the Appellate Committee shall be final:
Provided that the Appellate Committee shall not pass any order so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard.
### 24. Disposal of proceeding by Appellate Committee.
- The Appellate Committee shall also hear and dispose of any proceeding which a Disciplinary Committee of the State Council fails to dispose of within a period of one year under section 19.
### 25. Stay of Order.
(1) On admission of an appeal, the Appellate Committee may, for sufficient cause, direct the stay of any order passed by the Disciplinary Committee of the State Council on such terms and conditions as it may deem fit.
(2) On application made to it, the Disciplinary Committee of the State Council, after it passes the final order in any proceeding may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit.
### 26. Order to be entered in roll.
(1) All orders passed by the Disciplinary Committee of the State Council or the Appellate Committee punishing a law clerk shall be entered against his name in the roll and communicated to the Licensing Authority and the advocate to whom he is attached or engaged:
Provided that where the name of a law clerk is removed from the roll, his name shall be struck off the roll.
(2) Where any law clerk is suspended or removed from practice, the certificate granted to him under section 9 in respect of his enrolment shall be recalled.
### 27. Proceeding not to be invalid.
- Notwithstanding the absence of any member other than the Chairman of a Disciplinary Committee of the State Council or the Appellate Committee on a day fixed for the hearing of a case before such committee, the Disciplinary Committee of the State Council or the Appellate Committee, as the case may be, if it so thinks fit, hold or continue the proceeding and no order made by the Disciplinary Committee of the State Council or the Appellate Committee in any such proceeding shall be invalid merely by reason of the absence of any such member thereof on any such date:
Provided that no final order shall be made in any proceeding unless the Chairman and other members of the Disciplinary Committee of the State Council or the Appellate Committee, as the case may be, are present.
### 28. Realisation of costs.
- The Disciplinary Committee of the State Council or the Appellate Committee may make such order as to the costs of any proceeding before it as it may deem fit and any person ordered to pay such costs shall be deemed to be a 'certificate debtor' under the Bengal Public Demands Recovery Act, 1913, and shall be realised under the said Act.
Chapter VI
Miscellaneous
-----------------------------
### 29. Penalty.
- Any person who acts as a law clerk, although he is not entitled to act so under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.
### 30. Protection of action taken in good faith.
- No suit or other legal proceeding shall lie against the State Council or any committee thereof or a member of the State Council or any committee thereof for any act which is in good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made thereunder.
### 31. Supersession of State Council.
(1) Where the State Council is unable to perform its functions for any reason whatsoever or mismanages its affairs, the State Government may, after making an enquiry and hearing the State Council supersede the State Council and appoint an Administrator to perform all or any of the duties and exercise all or any of the powers of the State Council for a period not exceeding six months:
Provided that the Administrator shall complete the election of the State Council within four months from the date of his appointment in accordance with the provisions of this Act and the rules made thereunder:
Provided further that any person having the custody of funds or documents of the State Council shall within fifteen days from the date of appointment of the Administrator, make over all documents or funds in his custody or charge.
(2) Any person who, having custody of documents or funds, fails to make over to the Administrator within fifteen days from the date of his appointment such documents or funds and any person who, on receipt of a requisition from the Administrator to make over documents or funds of the State Council, fails without sufficient cause to make over such documents or funds within fifteen days from the date of receipt of .the requisition, shall be punished with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees.
### 32. Power to make rules.
- The State Government may, unless otherwise required by this Act, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.
Chapter VII
Temporary and transitory provisions
----------------------------------------------------
### 33. Transitory provisions.
(1) Notwithstanding anything contained in this Act, the first State Council shall be appointed by the State Government from amongst the law clerks who, on the date of appointment, are entitled to practise as law clerk at any place within West Bengal.
(2) Notwithstanding anything contained in this Act, the term of office of the first State Council appointed by the State Government shall be two years from the date of the first meeting of the State Council:
Provided that such members shall continue to hold office until the State Council is reconstituted in accordance with the provisions of this Act.
### 34. Removal of difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of publication of this Act in the Official Gazette.
(2) Any order made under sub-section (1) may have retrospective effect from a date not earlier than the date of commencement of this Act.
[Scheudle]
['Schedule' inserted by West Bengal Act 28 of 1997.]
[See section 15(3) .]
Form of Licence under sub-section (3) of section 15 of the West Bengal Law Clerks Act, 1997 (West Bengal Act
6 of 1997
)
This is to authorise Shri/Shrimati ......................... son/daughter/wife of .............................. of village/town...................police station ........................ district ........................... now residing at.................................... to act as Licensed Law Clerk of Shri/Shrimati.............................Advocate/Lawyer during the......................
Date:
Licensing Authority
To be produced when required and for renewal.
|
65ba7f3dab84c7eca86ebb97 | acts |
Union of India - Act
----------------------
Extradition Treaty between the Republic of India and the Republic of Azerbaijan
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UNION OF INDIA
India
Extradition Treaty between the Republic of India and the Republic of Azerbaijan
=================================================================================
Rule EXTRADITION-TREATY-BETWEEN-THE-REPUBLIC-OF-INDIA-AND-THE-REPUBLIC-OF-AZERBAIJAN of 2017
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* Published on 6 June 2017
* Commenced on 6 June 2017
Extradition Treaty between the Republic of India and the Republic of Azerbaijan
Published vide Notification No. G.S.R. 556(E) , dated 6th June, 2017
Ministry of External Affairs
G.S.R. 556(E) . - Whereas, the Extradition Treaty between the Republic of India and the Republic of Azerbaijan was signed at New Delhi on the 13th day of April, 2013 and the Instruments of Ratification of the said Extradition Treaty were exchanged at Baku on 20th day of June, 2014;
And Whereas, the said Extradition Treaty entered into force with effect from the 20th day of June, 2014 in accordance with the provisions of paragraph (1) of Article 23 of the Treaty;
And Whereas, the said Extradition Treaty is specified in the Schedule to this Order;
Now, Therefore, in exercise of the powers conferred by sub-section (2) of section 12 of the Extradition Act, 1962 (
34 of 1962
), the Central Government hereby directs that the provisions of the said Act, other than the provisions of Chapter II, shall apply to Azerbaijan with effect from the date of entry into force of the said Extradition Treaty.
Schedule
----------
"Extradition Treaty between the Republic of India and the Republic of Azerbaijan
The Republic of India and the Republic of Azerbaijan, hereinafter referred to as "the Contracting Parties";
Desiring to strengthen the relations between two countries;
Desiring to further strengthen cooperation in fighting crime more efficiently; and
Desirous to cooperate in matters related to the extradition of criminals between two countries;
Have agreed as follows:
Article 1
### 1. Obligation to Extradite.
### 1. Each Contracting Party undertakes to extradite to the other Contracting Party, in the circumstances and subject to the conditions specified in this Treaty, any person who, being accused or convicted of an extradition offence as described in Article 2 of this Treaty, committed within the territory of the Requesting Party, is found within the territory of the Requested Party, whether such offence was committed before or after the entry into force of this Treaty. ###
2.
Extradition shall also be available in respect of an extradition offence as described in Article 2 of this Treaty committed outside the territory of the Requesting Party but in respect of which it has jurisdiction, if the Requested Party could, in corresponding circumstances, have jurisdiction over such an offence.
### 3. Extradition shall also be available for an extradition offence as described in Article 2 of this Treaty, if it is committed in a third state by a citizen of the Requesting Party and it bases its jurisdiction on the citizenship of the offender.
### 4. If the request for extradition includes several separate offences each of which is punishable under the laws of both Parties, but some of which do not fulfil the other conditions set out in this Treaty, the Requested Party may grant extradition for the latter offences provided that the person is to be extradited for at least one extraditable offence.
Article 2
### 2. Extradition Offences. ###
1. An extradition offence for the purpose of this Treaty is constituted by conduct which under the laws of each Contracting Party is punishable by a term of imprisonment for a period of at least one year. For the extradition of a convict, the period remained to be served must be at least six months.
### 2. An offence may be an extradition offence notwithstanding that it relates to taxation or revenue or is one of a purely fiscal character. ###
3. 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 3
### 3. Refusal of Extradition. ###
1. Extradition shall not be granted:
(a) if the offence for which it is requested is an offence of a political nature;
(b) the Requested Party has substantial grounds for believing that a request for extradition has been made for the purpose of prosecuting or punishing a person on account of his race, religion, nationality or political opinion, or that persons position may be prejudiced for any of these reasons;
(c) if the offence for which extradition is requested is an offence under military law, which is not also an offence under ordinary criminal law;
(d) the person sought to be extradited has been granted asylum in the territory of the Requested Party;
(e) the person, whose extradition is requested, is a citizen of the Requested Party;
(f) the Requested Party has passed a final judgment against the person sought to be extradited in respect of the offence for which extradition is requested;
(g) the request for extradition is made by the Requesting Party pursuant to a judgment passed in absentia, unless the Requesting Party gives the guarantee to retry the person wanted on extradition;
(h) according to the law of either the Requesting 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 or other legal ground;
(i) in the territory of the Requested Party the person sought to be extradited has been pardoned or amnestied in respect of the offence for which extradition is requested.
### 2. In the application of this Treaty, the following shall not be regarded as political offences: (a) Assault against the head of the State or head of the Government of either Party or any member of their families;
(b) Terrorist offences;
(c) Any offence specified in an international conventions to which both Contracting Parties are a Party, which obligates the parties to prosecute or extradite the fugitives of such offence;
(d) Murder;
(e) Manslaughter or culpable homicide;
(f) 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;
(g) The casing of an explosion likely to endanger life or cause serious damage to property;
(h) 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;
(i) The possession of a firearm or ammunition by a person who intends either himself or through another person to endanger life;
(j) The use of a firearm by a person with intent to resist or prevent the arrest or detention of himself or another person;
(k) 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;
(l) Kidnapping, abduction, false imprisonment or unlawful detention, including the taking of a hostage;
(m) Incitement to murder;
(n) any other offence related to terrorism which at the time of the requested is, under the law of the Requested Party, not to be regarded as an offence of a political character;
(q) 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 4
### 4. Obligation to prosecute. ###
1. Where the Requested Party refuses a request for extradition on the basis of jurisdiction, it shall submit the case to its competent authorities for prosecution of the fugitive for the offences sought for.
### 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 5
### 5. Consequences of non-extradition of own citizens.
### 1. If extradition is refused on the basis of citizenship, the Requested Party shall initiate criminal prosecution against such person for the same offence according to its laws. For this purpose, the Requesting Party shall transfer to the Requested Party the relevant documents and evidence. Article 6
### 6. Postponement of Extradition and Temporary Extradition.
### 1. If the person to be extradited is being prosecuted or serving sentence for another crime in the territory of the Requested Party, the extradition may be postponed till the end of the proceedings of the case, end of sentence or release, which shall be advised to the Requesting Party. ###
2. If the postponement of extradition can cause the expiration of the limitation or impede the investigation, the person can be extradited temporarily under a special 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 7
### 7. Extradition Procedures.
### 1. The request for extradition shall be made through diplomatic channels. ###
2. The request shall be accompanied by:
2.1
The name and surname (patronymic) of the person whose extradition is requested, information on his citizenship, place of residence or whereabouts and other pertaining data, as well as, if possible, the description of the person's appearance, his photographs and fingerprints.
2.2
A statement of the facts of the offence for which extradition is requested and charging document as well as accusation act;
2.3
The text, of the corresponding law;
2.3.1
Defining that offence; and
2.3.2
Prescribing the punishment for that offence.
### 3. The request for extradition of an accused for trial, besides the information specified above, must be accompanied by the warrant of arrest issued by a competent court or authority of the Requesting Party. ###
4. If the request relates to a person already convicted and sentenced, it shall also be accompanied by a certified copy of the judgement and a statement that the person is no longer entitled to question the conviction or sentence and showing how much of sentence has not been carried out;
### 5. If the Requested Party considers that the evidence produced or information supplied for the purposes of this Treaty is not sufficient in order to enable a decision to be taken as to the request, additional evidence or information shall be submitted within a reasonable time. ###
6. A request for extradition and its supporting documents shall be signed by the authorised person and officially sealed by the competent authority of the Requesting Party.
Article 8
### 8. Provisional Arrest.
### 1. In case of urgency, a person sought to be extradited may be provisionally arrested on the application of the competent authority of the Requesting Party before the receiving of the request for extradition together with the documents specified in Article 7 of this Treaty. Such application can be sent by fax or through the National Central Bureau of International Criminal Police Organization (INTERPOL) , or through other channels agreed by the competent authorities of the Parties. ###
2. The said application shall contain the data specified in paragraph 2 of Article 7 of this Treaty; a statement of existence of a warrant of arrest issued by the competent authority of the Requesting Party or a sentence that has come into force, and an indication that a formal request for extradition of the person sought to be extradited shall be submitted.
### 3. The Requested Party shall inform without delay the Requesting Party of the result of its handling of the request. ###
4. A person provisionally arrested, shall be released if, within a period of 60 days after arrest, the competent authority of the Requested Party has not received the request for his extradition.
### 5. The expiration of a time period stipulated in paragraph 4 of this Article shall not prevent the consideration of extradition of the person if the request for his extradition has been subsequently received. Article 9
### 9. 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 facts proved for the purposes of securing his extradition, nor may such a person, without consent of the Requesting Party, be extradited to a third State. ###
2. The consent of the Requested Party is not required if:
2.1
the extradited person has not left, though had the opportunity, the territory of the Requesting Party within 30 days after termination of the criminal proceedings, 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 reasons beyond his control;
2.2
if the extradited person, 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 person to the Requesting Party or matters arising in relation to such offences. Article 10
### 10. Recognition of documents and evidence.
### 1. Documents issued or certified and statements recorded by competent Courts or other authorities in the prescribed form in the territory of one Contracting Party as per its laws shall not require any form of authentication in the territory of the other Contracting Party. ###
2. Documents considered as public in the territory of one of the Contracting Parties shall have the evidential force of public documents also in the territory of the other Contracting Party.
Article 11
### 11. Concurrent requests.
If more than one State make requests for extradition of the same person for the same or different offences, the Requested Party shall decide to which of those States the person is to be extradited taking into consideration all the circumstances, especially the relative gravity of the offence or offences, the place of commission of the offence, the respective dates of requests, the nationality of the person sought to be extradited and the possibility of subsequent extradition to another State.
Article 12
### 12. 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 for the same offence, extradition may be refused, unless the Requesting Party gives such assurances as the Requested Party considers sufficient that the death penalty will not be carried out.
Article 13
### 13. Surrender.
### 1. The modalities of transfer of the person to be extradited shall be agreed upon by the competent authorities both the Contracting Parties as mutually convenient. ###
2. The Requesting Party shall take the person sought from the territory of the Requested Party within one month the consent of Requested Party to extradite or such longer period as may be permitted under the law of the Requested Party. If the person is not removed within that period, the Requested Party may refuse to extradite him for the same offence.
### 3. If circumstances beyond its control prevent a Party from surrendering or removing the person to be extradited, it shall notify the other Party. The two Parties shall mutually decide upon a new date of surrender, and the provisions of paragraph 2 of the present Article shall apply. Article 14
### 14. Transfer of articles connected with crime.
### 1. The Requested Party shall, within the limits of its legislation, surrender by the request of the Requesting Party the articles used for committing crime by the person being extradited, articles bearing crime traces or crime proceeds. ###
2. The above articles shall be surrendered also in cases where the extradition cannot be effected if the person died, fled or due to other reasons.
### 3. The Requested Party may temporarily postpone the surrender of the articles referred to in paragraph 1 of this Article if they are required for proceedings instituted in connection with another criminal case till the end of such proceedings. ###
4. The rights of third persons to the articles surrendered to the Requesting Party shall remain in force. Upon termination of the proceedings, the Requesting Party shall return these articles to their owners in its territory. If the owners are in the territory of the Requested Party, the articles are to be returned to it for the surrender to them. If the owners are in the territory of a third country, the articles shall be returned to them by the Requesting Party without charge.
### 5. The transfer of the articles and of money shall be effected within the limits provided for by the legislation of the Requested Party. Article 15
### 15. Mutual Legal Assistance in Extradition.
Each Contracting Party shall, to the extent permitted by its law, afford the other the widest possible measure of mutual legal assistance in criminal matters in connection with the offence for which extradition has been requested.
Article 16
### 16. Transit.
### 1. When either of the Parties is to extradite a person from a third state through the territory of the other Party, the former should request the latter for the permission of such transit. ###
2. The Requested Party shall, in so far as not contrary to its laws, and without prejudice to any provisions of this Treaty, approve the request for transit made by the Requesting Party.
### 3. No permission is required where air transport is used and no landing is scheduled for. ###
4. In the event of an unscheduled landing, the Party to be requested to permit transit may, at the request of the escorting officer, hold the person in custody for 96 hours, pending receipt of the transit request to be made in accordance with paragraphs 1 and 2 of the present article.
Article 17
### 17. Expenses on Extradition.
All expenses related to the extradition shall be borne by the Contracting Party in whose territory the same occurred. The expenses caused by transit transportation of the extradited person by one of the Contracting Parties from a third State through the territory of the other Contracting Party shall be borne by the Contracting Party affecting the transit.
Article 18
### 18. Languages.
While complying with the present Treaty, the Contracting Parties shall use their national language attaching the translation in the national language of the other Contracting Party or in the English language.
Article 19
### 19. Central Authorities.
Central Authorities shall transmit and receive all requests and responses thereto for the purposes of this Treaty. The Central Authority for the Republic of India shall be the Ministry of External Affairs; and the Central Authority for the Republic of Azerbaijan shall be the Ministry of Justice.
Article 20
### 20. International Conventions/Treaties.
The present Treaty shall not affect the rights and obligations of the Contracting Parties arising from other International Conventions/Treaties to which the Contracting Parties are a Party.
Article 21
### 21. Amendment.
### 1. This Treaty may be amended by mutual agreement of the Parties. ###
2. The amendment shall come in force by the procedure provided for the entry into force of this Treaty.
Article 22
### 22. Consultation.
Any matter arising from implementation or interpretation of this Treaty shall be settled by consultations through diplomatic channels.
Article 23
### 23. Ratification and Termination.
### 1. This Treaty shall be subject to ratification and it shall enter into force on the date of exchange of the instruments of ratification. ###
2. Either of the Contracting Parties may terminate this Treaty at any time by giving notice to the other Contracting Party through the diplomatic channel; and if such notice is given the Treaty shall cease to have effect six months after the receipt of the notice.
In witness whereof the undersigned being duly authorised thereto by their respective Authorities, have signed this Treaty.
Done in duplicate at New Delhi on this Fourth day of April 2013 in Hindi, Azerbaijani and English languages, each version being equally authentic. In case of any interpretational difference, the English text shall prevail."
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| --- | --- |
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For the Republic of India
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For the Republic of Azerbaijan
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|
65b95aebab84c7eca86e8ed7 | acts |
State of Bihar - Act
----------------------
Bihar Outstanding Sportsperson Appointment Rules, 2014
--------------------------------------------------------
BIHAR
India
Bihar Outstanding Sportsperson Appointment Rules, 2014
========================================================
Rule BIHAR-OUTSTANDING-SPORTSPERSON-APPOINTMENT-RULES-2014 of 2014
--------------------------------------------------------------------
* Published on 4 December 2014
* Commenced on 4 December 2014
Bihar Outstanding Sportsperson Appointment Rules, 2014
Published vide Notification No. 9/Ni -18-01/2014-GAD-16646, dated 04.12.2014
Last Updated 6th February, 2020
No. 9/Ni -18-01/2014-GAD-16646 - In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor of Bihar makes the following rules for appointment of outstanding sportsperson -
### 1. Short title, extent and commencement.
- (i) These Rules may be called as the Bihar Outstanding Sportsperson Appointment Rules, 2014
(ii) It shall extend to the whole state of Bihar;
(iii) It shall come into force at once.
### 2. Definitions.
- In these rules unless the context otherwise requires:-
(i) 'Rule 'Appointing Authority' s' means the Bihar Outstanding Sportsperson Appointment Rules, 2014;
(ii) 'Government' means the Government of Bihar;
(iii) 'Year' means the financial year i.e. from 1st April to 31st March of next year;
(iv) 'Appointing Authority' means Appointing authority as defined in the concerned Service/Cadre Rules;
(v) 'Selected sports discipline' means Sports discipline of the sports competition as described in the schedule 1. Time to time, necessary amendments in the said sports disciplines may be done by the State Government on the recommendation of Arts, Culture and Youth department of Bihar, Patna;
(vi) 'Competition' means competitions described in schedule 1. Time to time, necessary amendments may be done in the said list by the State Government;
(vii) 'Personal Competition' means such competitions in which the achievement has been due to the personal efforts;
(viii) 'Team Competition' means such competition in which achievement has been due to efforts of more than one sportsperson as a sports team;
(ix) 'Representation of State' means the sportsperson representing the state of Bihar.
(x) 'Representation of Universities' means sportsperson representing the recognised university recognized in the State of Bihar.
### 3. Qualifications.
- Under these rules the sportsperson having the following qualifications shall be suitable for appointment in the category of outstanding sportsperson under the services of the state government, who
(i) is the resident of Bihar State ,and
(ii) (a)
has obtained first/second/third/ other prize or has participated in the said competition as a player representing India in the games competition of the sports discipline in category A1 as described in schedule 1 of the Rules,
(b) has obtained first/second/third/other prize or has participated as a player in the said competitions representing India in the games competition of the sports disciplines in the category A2 as described in the schedule 1 of the Rules, or
(c) has obtained first/second/third/other prize or has participated as a player in the said competitions representing India in the games/ competition of the sports disciplines in the category A3 as described in the schedule 1 of the Rules, or
(d) has obtained first/second/third prize or has participated as a player in three consecutive years as state representative in the games/ competitions of the sports disciplines in category A4, A5 as described in schedule 1 of the Rules, or
(e) has obtained first/second/third prize in games/competitions of the sports disciplines in category A6, A7 and A8 as described in schedule 1 of the Rules, and
(iii) has the minimum educational qualification or equivalent to graduation for appointment in group 'B', Intermediate for appointment in group 'C' and Matriculation for appointment in group 'D'.
### 4. Selection procedure.
- (i) Appointment in selected sports discipline of the outstanding sports persons shall be done within 10% of total strength (basic grade) of any cadre.
(ii) Provisions of the horizontal reservation (quota under quota) shall be applied in the appointment of outstanding sports persons. The selected sports persons shall be counted in the same category of reservation from which category they belong, i.e. selected sportsperson of the reserved category shall be counted in the relevant reservation category and those of unreserved category shall be counted under unreserved category.
(iii) On the basis of the achievement in the selected sports disciplines and prescribed educational qualification appointment shall be made in the Bihar Secretariat Clerical service, Collectorate regional Clerical cadre and on the other posts of group 'C' and 'D' under the state government. In a case of obtaining First/Second/Third prize in games competition of A-1, A-2 and A-3 described in Annexure-1 and having required educational qualification by a sportsperson, appointment may be made on Group B posts also, but sanction of State Government shall be necessary for such appointments.
(iv) Advertisement shall be published by the General Administration Department after obtaining vacancies from all the departments/offices.
(v) After scrutiny of the applications received on the basis of the advertisement published by the General Administration Department, merit list of candidates shall be prepared by the selection committee constituted by the state government on the basis of interview, achievement of the candidate in the selected sports discipline and prescribed educational qualification.
(vi) For selection of outstanding sports persons, the following shall be the Chairman/members of the selection committee constituted by the state government:-
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| --- | --- | --- |
|
(a) |
Principal Secretary/Secretary,General
Administration Department
|
- Chairman
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|
(b) |
Secretary, Art, Culture and youth Department
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- Member
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|
(c) |
Director General, Bihar Sports Authority
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- Member
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|
(d) |
Sports specialist nominated by the Art, Culture
and youth Department
|
- Member
|
|
(e) |
An officer not below the rank of Deputy
Secretary belonging to SC/ST nominated by the General
Administration Department
|
- Member
|
(vii) For the appointment of outstanding sports persons having prescribed educational qualification and sports qualification in the selected sports discipline, merit list shall be prepared in the following manner:-
(a) Sportsperson having obtained first/second/third/other prize or having participated as a player in those competition representing India in the sports competition described in A-1 and A-2 of schedule-1 shall be placed at the top of the merit list.
(b) Merit list of sports persons of sports discipline of sports competition described in A-3, A-4, A-5, A-6, A-7 and A-8 of schedule-1, shall be prepared on the basis of total marks obtained on the basis of marks determined in schedule-2.
(viii) In case of having obtained several achievements by a sports persons, selection shall be made on the basis of his/her best three achievements during the prior five years from the date of the publication of the advertisement.
(ix) In case of two or more than two sports persons having the same marks on the basis of the said sports achievements, the following priority shall be adopted for selection:-
(a) Priority shall be given to the concerned sports persons making new record,
(b) The personal achievement shall be treated as larger against the team achievement ,
(c) Priority shall be given to the high level competition described serially in schedule-1.
(d) The achievement of current year shall be given priority,
(e) Qualification/marks remaining the same despite adopting the above said process, seniority shall be given to the date of birth,
(f) Despite adopting the processes of para 4(ix)(a)(b)(c)(d)(e) If qualifications/marks of two or more than two sports persons remain the same then selection shall be made on the basis of the percentage of marks of the prescribed educational qualification.
(x) In case of all the members of a Team qualified in Team Event, apply for appointment, selection procedure shall be adopted as described in the above mentioned para 4(ix).
(xi) Not more than five outstanding sports persons in any one sports disciplines shall be appointed in one year. All recognized sports disciplines organized for physically handicapped sports persons shall be treated as one sports discipline collectively for the purpose of appointment and appointment shall be made on maximum of three percent of the total vacancy.
(xii) Provisional merit list prepared on the basis of achievements in different competition as per the prescribed marks of the category of competitions in schedule 2 of the rules, shall be published. Any objection may be submitted to the Principal Secretary/Secretary of the General Administration Department within 15 days of the publication of the merit list. Received objections shall be examined by the committee constituted under para 4(vi) and the final merit list of every category and post shall be issued after the scrutiny, on the basis of which appointment shall be made on seniority basis. The final merit list shall be valid for one year from date of its publication.
(xiii) Merit list prepared by the selection committee for appointment of outstanding sports persons shall be sent to the General Administration Department. After verification of the certificates, list of the outstanding sports persons shall be sent by the General Administration Department to the concerned appointing authority on the basis of the vacancies as per their requisitions.
### 5. Age limit.
- Provisions of the age limit for appointment as prescribed by the state government (General Administration Department) shall be applicable.
### 6. Service Conditions.
- Service conditions for the Bihar Government Servants shall be applicable to the outstanding sports persons appointed under the provisions of the Rules.
### 7. Repeal and Savings.
- Letter no 3792 dated 14.03.1973, resolution no 1086 dated 20.01.1979 and all directions regarding appointment of outstanding sports persons in "The Bihar Outstanding Sports persons Appointment Rules, 2009 (as amended up to year 2012) shall be deemed to be repealed.
Notwithstanding such repeal, anything done or any action taken under the said circular/resolution/rules/instructions prior to coming into force of these rules shall have no adverse effect.
### 8. Miscellaneous.
- Notwithstanding contained anything contrary to these Rules in any other Rules, provision of these Rules shall have overriding effect.
### 9. Removal of difficulties.
- The Government may, from time to time, issue such general or special directions as may be necessary to remove difficulties in the operation of any of the provisions of these Rules.
Schedule 1
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### 1. A1 (i) Olympic Games
(ii) World cup
### 2. A2 (i) Commonwealth Games
(ii) World University Games
(iii) Asian Games
(iv) Afro Asian Games
(v) Asian Championships
### 3. A3 SAF Games
### 4. A4 National Games
### 5. A5 National Senior Championships
### 6. A6 All India Inter University Championships/Tournament
### 7. A7 National Junior Championships
### 8. A8 Paralympic/International/National level sports competitions for the Disabled sports persons
Schedule 2
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| --- | --- | --- | --- |
|
Sl. No.
|
Category of games/competitions
|
Achievement
|
Marks
|
|
1
|
A3
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First Prize
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3000
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|
Second Prize
|
2900
|
|
Third Prize
|
2800
|
|
Other Prize/Participation in competition
|
2500
|
|
2
|
A4
|
First Prize
|
2800
|
|
Second Prize
|
2700
|
|
Third Prize
|
2600
|
|
Other Prize/Participation in competition
|
2100
|
|
3
|
A5
|
First Prize
|
2600
|
|
Second Prize
|
2500
|
|
Third Prize
|
2400
|
|
Other Prize/Participation in competition
|
1800
|
|
4
|
A6
|
First Prize
|
800
|
|
Second Prize
|
700
|
|
Third Prize
|
600
|
|
5
|
A7
|
First Prize
|
400
|
|
Second Prize
|
375
|
|
Third Prize
|
350
|
|
6
|
A8
|
First Prize
|
400
|
|
Second Prize
|
375
|
|
Third Prize
|
350
|
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65bac42dab84c7eca86ec783 | acts |
State of Jammu-Kashmir - Act
------------------------------
Jammu and Kashmir Co-operative Societies Rules, 2001
------------------------------------------------------
JAMMU & KASHMIR
India
Jammu and Kashmir Co-operative Societies Rules, 2001
======================================================
Rule JAMMU-AND-KASHMIR-CO-OPERATIVE-SOCIETIES-RULES-2001 of 2001
------------------------------------------------------------------
* Published on 20 September 2001
* Commenced on 20 September 2001
Jammu and Kashmir Co-operative Societies Rules, 2001
Published vide SRO 404, dated 20.9.2001
In exercise of the powers conferred by sub-section (1) of the Jammu and Kashmir Co-operative Societies Act, 1989 (Act No. X of 1989), the Government hereby appoint 20th September, 2001 as the date on which the Jammu and Kashmir Co-operative Societies Rules, 2001 shall come into force. The same having been published vide SRO 370 dated 13th October, 2000.
Chapter I
Preliminary
--------------------------
### 1. Short title
- These rules may be called the Jammu and Kashmir Co-operative Societies Rules, 2001.
### 2. Definition
- In these Rules unless the context otherwise requires:
(a) The "Act" means the Jammu and Kashmir Co-operative Societies Act, 1989 (Act No. X of 1989).
(b) "Decree" means any order, decision or award referred to in sections, 72 and 153 of the Act.
(c) "Decree holder" means any person holding a decree as defined in clause (b).
(d) "Defaulter" means any Co-operative Society against which or any person against whom a decree as defined in clause (b) has been obtained.
(e) "Additional Registrar" means a person or persons not below the rank of Joint Registrar to be appointed by the Government.
(f) "Person" includes the State Government and a Co-operative Society.
(g) "Recovery officer" means an officer empowered by the Registrar by general or special order to attach and sell the property of defaulters or to execute any decree by attachment and sale of property.
(h) "Owned funds" means the total paid up share capital and reserve fund and other funds created out of profits and undistributed profits minus accumulated losses.
(i) "Paid up share capital" means such portion of the subscribed share capital which is actually paid up.
(j) "Section" means a section of the Act.
(k) "Share capital" means subscribed share capital.
(l) "Working capital" means the total of owned capital plus the borrowed capital.
(m) Other words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act.
(n) "Schedule" means a form or forms appended to these Rules.
(o) "Agricultural Society" means a Co-operative Society whose aims and objects are (I) To promote agriculture (II) Activities allied to agriculture.
(p) "Non-agricultural Society" means a Co-operative Society other than those defined in clause "(o)".
Chapter II
Registration of Co-operative Societies and their Bye-Laws
-------------------------------------------------------------------------
### 3. Registration of a Co-operative Society
(1) An application for the registration of a Co-operative Society shall mention the name and address of one of the applicants to whom correspondence may be addressed by the Registrar. In addition to this the applicant shall be accompanied by a copy of General Body Resolution and a copy of the receipt of share money having been deposited in the concerned Coop. Bank or its Branch. The Registrar may for the purpose of satisfying himself of the matters specified in section 6 of the Act call for such further particulars or make such inquiry, as he may deem necessary. He may permit the applicants, if so desired by them, in writing to make such alterations or additions in order to make them in conformity with the provisions of the Act and the rules thereunder.
(2) The Registrar will take a decision regarding the registration of the society within 30 days of the receipt of the application for registration and communication of the decision thereof accordingly.
(3) Where Registrar is not satisfied with the certain aspects of the formalities required to be completed by the proposed society, he may grant provisional registration for a period of 6 months within which period the society will be bound to complete necessary formalities to the satisfaction of Registrar failing which the provisional registration may be cancelled.
(4) No other society with similar objects and for the same purpose will be registered in the same area of operation.
### 4. Communication of order of a refusal to register a society
- If the Registrar refuses to register a Co-operative Society he shall communicate the order of refusal to the applicant referred to in sub-rule (1) of rule 3 within 30 days.
### 5. Subject matter of bye-laws
(1) The bye-laws of a Co-operative Society shall provide for the following matters, namely:
(a) The name and address of the society.
(b) The area of its operation.
(c) The objects of the society.
(d) The manner in which funds may be raised and the maximum share capital which its single member may hold.
(e) The nature and extent of the liability of the Member.
(f) The extent to which the society may borrow funds and the rates of interest payable on such funds.
(g) The entrance and other fees to be collected from members.
(h) The purposes for which its funds may be applied.
(i) The terms and conditions of admission of members and their rights and liabilities.
(j) In the case of credit societies:-
(i) the maximum loan admissible to a member;
(ii) the maximum rates of interest on loans to a member;
(iii) the conditions on which loans may be granted to a member;
(iv) the procedure for granting extension of time for repayment of loans;
(v) the consequences of default in payment of any sum dues; and
(vi) the circumstances under which a loan may be recalled.
(k) In the case of non-credit societies the mode of conducting business, purchases, sale stock taking and other allied matters. (l) The mode of holding meetings and issue of notices.
(m) The mode of appointment and removal of the committee and other officers, the duties and powers of the committee and such officers and their terms.
(n) The disposal of net profits.
(o) The preparation and submission of the annual statements specified by the Registrar and the publication of the same.
(p) The constitution of an Agricultural Credit Stabilization Fund in case of every Co-operative Society which facilitates the operation of affiliated Agricultural Co-operative Credit Societies and which has received financial assistance from the Government.
(q) The mode of custody and investment of the funds and the mode of keeping accounts.
(2) A society may make bye-laws for the following matters, namely:-
(a) the circumstances under which withdrawal from membership may be permitted;
(b) the procedure to be followed in cases of withdrawal ineligibility and death of members;
(c) the conditions, if any, under which the transfer of share or interest of a member may be permitted;
(d) the method of appropriating payments made by members from whom moneys are due;
(e) the method of recruitment, the conditions of service and the authority competent to fix, revise or regulate the scales of pay and allowance of paid officers and employees of the society and the procedure to be followed in the disposal of disciplinary cases against them;
(f) the authorisation of an officer or officers to sign documents and to institute and defend suits and other legal proceedings on behalf of the society.
(3) The bye-laws of a Co-operative Society may provide for such matters, not specified in sub-rule (1) and sub-rule (2) as are incidental to the organisation of the society and management of its business.
### 6. Procedure regarding amendment of Bye-laws
(1) Where a Co-operative Society proposes to amend its bye-laws no such amendment shall be made save by a resolution passed by a two-third majority of the members present and voting at a general meeting of society.
(2) No such resolution shall be valid unless notice of the proposed amendment has been given to the members of the society in accordance with the bye-laws:
(a) a copy of the resolution referred to in sub-rule (1); and
(b) a certificate signed by the presiding authority of the meeting that the procedure specified in sub-rule (1) and sub-rule (2) and in the bye-laws has been followed.
(3) Every such application shall be made within fourteen days from the date of the General meeting at which amendment was passed.
Provided that the Registrar may condone the delay, if any, for sufficient cause.
(4) When the Registrar registers an amendment of the bye-laws of a Co-operative Society, he shall send a copy thereof to the society, if any, to which the Co-operative Society is affiliated.
(5) Where the Registrar Co-operative Societies refuses to register an amendment of the bye-laws of a Co-operative Society, he shall communicate order of refusal together with the reasons thereof to the society within sixty days.
### 6A. Change of form and extent of liabilities
(1) A change in the form and extent of liability of a Co-operative Society shall be effected by a resolution passed at a general meeting of the society.
(2) At least fifteen days clear notice of such meeting shall be given to all the members of the Co-operative Society, which shall be accompanied by a copy of the proposed resolution.
Chapter III
Members of Co-operative Societies and their Rights & Liabilities
---------------------------------------------------------------------------------
### 7. Disqualifications for membership
(1) No person shall be eligible for admission as a member of a Co-operative Society if he
(a) is adjudicated as an insolvent; or
(b) has been sentenced for any offence other than an offence of political character or any offence not involving moral turpitude and a period of five years has not elapsed from the date of expiry of the sentence; or
(c) has any other member of his family excepting his/her spouse as a member of that society.
Explanation. For purposes of this rule, the expression "family" means wife, husband, father, mother, grand mother, grand step-mother, stepfather, son, daughter, step-daughter, brother, sister, living jointly in one house hold and having a common kitchen.
(2) If the member become subject to any of the disqualifications specified in sub-rule (1), he shall be deemed to have ceased to be a member from the date when the disqualification was incurred.
### 8. Prohibition of membership in two Primary Co-operative Societies
- No individual being a member of Co-operative Society shall become a member of another primary Co-operative Society of the same type and having the same objects.
### 9. Admission of member before the General Body meeting of a Society
- No Co-operative Society shall admit members fourteen days prior to the date of its annual General meeting.
### 10. Chairman having second or casting vote
- In the event of equality of votes, the Chairman of meeting of Co-operative Society shall have a second or casting vote.
### 11. Votes by Government nominees
- Government nominees shall be the Government officers or other professionals well versed in a particular sector of activities. Such nominees shall not contest for the elections to the Co-operative Society. In the case of Apex societies only the senior officers of the level of Registrar or Joint Registrar shall be nominated by the Government.
### 12. Disabilities of a defaulting member
(1) No member of a Co-operative Society, who is in arrears to the society in respect of any loan taken by him, for such period as is specified in its bye-laws or in any case for a period exceeding three months from the date it is due, shall be appointed to represent the society in any other Co-operative Society and to vote on its behalf in such other Co-operative Society.
(2) Where a member of Co-operative Society so appointed falls in arrears to the society for the period specified in sub-rule (1) subsequent to his appointment, he shall cease to be a representative of the society as from the end of the said period.
### 13. Expulsion of a member
(1) The committee of a society may, by a resolution passed by three-fourths majority of the members present and voting at a meeting held for the purpose, expel a member, if he
(a) intentionally does an act likely to injure the credibility of the society or bring it into disrepute, or
(b) wilfully deceives the society by false statement, or
(c) carries on any business which comes or is likely to come into conflict with the business carried on by the society, or
(d) persistently makes default in payment or his dues or fails to comply with any provisions of the bye-laws:
Provided that no such resolution shall be valid unless the member concerned has been given seven day's notice to expel him and has been given an opportunity to represent his case to the committee.
(2) Notwithstanding anything contained in these rules or the bye-laws of the society, where it appears to the Registrar to be necessary or desirable in the interest of the society to expel a member from the society he may call upon such member and the society, to explain within a period to be specified by him why such member should not be expelled from the society. If the member or society fails to furnish his or its explanation within the time specified or after considering the explanation, if received, the Registrar may pass an order expelling the member from the society.
(3) No member of a society who has been expelled under sub-rule (1) or sub-rule (2) shall be eligible for re-admission as a member of the society for a period of one year from the date of such expulsion.
(4) Expulsion from membership may involve forfeiture of shares held by the member.
### 14. Nomination of an heir
(1) A member of a Co-operative Society may nominate a person or persons to whom in the event of his death, his share or interest in the capital of the society shall be transferred to or the value thereof or any other money due to him from the society shall be paid, such member may, form time to time, revoke or vary such nomination.
(2) The number of persons who may be nominated as members shall not exceed the number of shares held by the member.
(3) When a member nominates more than one person in respect of any share held by him, he shall as for as practicable, specify the amount to be paid or transferred to each nominee in terms of a whole share.
(4) A nomination made by a member under this rule shall not be valid and shall not, in the event of the death of the member have effect unless:
(a) it is made in writing and is signed by the member in the presence of at least two witnesses; and
(b) it is registered in the books of the society kept for the purpose.
### 15. Value of the share of a member
(1) If a member resigns his membership of Co-operative Society or is removed under rule 13 or dies or otherwise ceases to be member, the sum representing the value of his share or interest in the capital of the society to be paid to him or his nominee, heir or legal representatives, as the case may be, shall be ascertained in the following manner:-
(i) In the case of a society with unlimited liabilities it shall be the actual amount received by the society in respect of such share or interest;
(ii) In the case of a society with limited liability it shall be the amount arrived at by a valuation based on the financial position of the society as shown in the last audited balance sheet proceeding the resignation, removal or death, as the case maybe, provided that the amount so ascertained shall not exceed the actual amount received by the society in respect of such share or interest.
(2) In case of dispute between a member or his nominee, heir or legal representative and the society regarding the value of the share or interest in the share capital, the decision of the Registrar thereon shall be final.
Chapter IV
Management of Societies
---------------------------------------
### 16. Election of the members of Committee/Board
- (1) The election of the members of the Committee/Board of any society having jurisdiction in a District shall be held on such a date as may be specified by the governing body of the society within three months of expiry of its term. The notices to this effect shall be circulated by the Managing Committee/Board to all members. Copies of the notices shall be sent to the Deputy Registrar and Registrar Cooperative Societies for reference and record.
[(2) The Returning Officer shall be appointed by the Managing Committee / Board. He shall be of social standing, known for his honesty and integrity and acceptable to majority of the members.]
[Submitted by SRO 1 dated 4th January, 2005]
(3) The voting at elections held under sub-rule§ (1) and (2) shall be by secret ballot.
(4) No elections shall be called in question except by an election petition presented in accordance with the provisions of Act.
(5) Any dispute arising out of an election held under sub-rules (1) & (2) shall be referred for decision to the Registrar who shall decide it himself.
(6) The reference of the dispute under sub-rule (5) may be made by any aggrieved party by submitting an election petition to the Registrar, within 30 days from the date of declaration of the result of the election.
(7) The decision of the Registrar shall be final.
(8) The election of representatives of a society or a higher level society shall be made by the committee of the society by a majority vote in the manner prescribed. In case of the tie, the Chairman shall have the casting vote.
### 17. Election of members of committee by General Body
(1) A Co-operative Society may for the purpose of election of members to its committee divide its membership into different groups on a territorial or any other basis.
(2) The bye-laws of such a society may specify the number or proportion of the members of the committee who may be elected to represent each such groups on the committee and may specify further that such representatives may be elected:-
(a) by all the members of the society; or
(b) by only that particular groups of members of the society to which such representatives belong.
### 18. [\*\*\*]
[Sub-rules (a) , (b), (c) and (d) deleted by SRO SRO 1 dated 4th January, 2005.]
(e) The notice of the general meeting shall be sent to the members by any of the following modes, namely:-
(i) by post under certificate of posting;
(ii) by circulation among members;
(iii) notice of the general meeting and the list of share holders eligible to vote shall also be affixed on the notice board of the society or the branches of the society, if any.
(f) The [Returning Officer]
[Substituted for "Deputy Commissioner/ Assistant Commissioner" by SRO 1 dated 4th January, 2005.]
shall by order specify:-
(i) the number of vacancies to be filled up by election;
(ii) the area of the constituency, if any, from which the members are to be elected;
(iii) the date on which, the place at which and the hours between the polling will take place; and
(iv) the date, time and place at which the nomination papers will be received, the last date of filing of nomination papers, the dale and time place of scrutiny of nomination papers and last date of withdrawal of candidature.
(ff) The committee or the Administrators in office shall furnish to the returning officer who are ineligible for being re-elected or re-appointed as officers of the society under [\*\*\*]
[Words "sub-rule (1) (e) of rule 25" deleted by SRO 1 dated 4th January, 2005.]
at least ten days before the date fixed for election.
(fff) On receipt of the information under sub-rule (ff) if the Returning Officer finds that the number of ineligible officer-exceeds half the total number of officers of the society, he shall determine by lots, in the presence of the officers of the society or their authorised representatives, at least one week before the date fixed for election that who amongst the ineligible officers should be debarred from seeking re-election and re-appointment so that the total number of ineligible officers does not exceed half the total number of officers of the society.
(ffff) For drawing lots as provided in sub-rule (fff) a closed container with an opening through which only an arm can pass shall be used home and address of each ineligible officer shall be written by the Returning Officer, in presence of the officers of the society, or their authorised representative, on separate piece of paper of the same size and colour. These shall be folded into equal size in a manner that the name written on it does not remain visible and shall be dropped in the container one by one by the Returning Officer. The container then shall be shaken in a way the chits in it get intermingled. Thereafter, the Returning Officer shall d raw out such number of chits one after another, from the container which makes their number equal to half the total number of officers of society. Names of the officers so drawn out shall be written on a sheet of paper by the Returning Officer and they shall be declared ineligible for seeking re-election or re-appointment as officers of the society. The Returning Officer will send the list of ineligible candidates to the society on the same day.
(g) The nomination of the candidates for election shall be made in Form 'A', the Returning Officer shall decide the objections, if any, which may be made at the time of any nomination after making such summary enquiry as he thinks necessary and announce the name or names of the eligible candidate or candidate so nominated on the same day. In the case of rejection of nomination paper, the Returning Officer shall record the reasons.
(h) If for any area or constituency for which election is to be held, the number of candidates in respect of whom valid nominations have been made does not exceed the number of candidates to be elected for that area or constituency, the candidates for whom valid nominations have been made shall be deemed to have elected for the area or constituency, as the case may be and the Returning Officer shall make a declaration to that effect.
(i) If the number of candidates for the area or constituency exceeds the number of candidates to be elected the Returning Officer shall arrange for taking a poll.
(j) The ballot paper shall contain the names of the candidates and the seal of the society.
(k) The member shall make the mark on the ballot paper issued to him against the name or names of the candidate for whom he desires to vote and put the ballot paper in the ballot box.
(l) If, owing to blindness or other physical infirmity or illiteracy, a member is unable to mark the ballot paper, the Returning Officer shall ascertain from the candidate or candidates in whose favour he desires to vote and make the mark on his behalf on the ballot paper.
(m) As soon as all the members present have recorded their votes, the Returning Officer shall count the votes and announces the results of election with the number of votes secured by each.
(n) (1) A ballot paper shall be rejected:-
(i) If it bears any mark by which the member who voted can be identified; or
(ii) If it does not bear the seal of the Returning Officer;
(iii) If the mark indicating the vote there on is placed in such a manner as to make it doubtful to which candidate the vote has been cast. (2) The authority competent to reject a ballot paper shall be Returning Officer.
(o) The proceedings of the meeting with the results of election shall be recorded in the minute book of the society and attested by the Returning Officer.
(p) The Returning Officer shall take custody of the ballot papers and shall ,preserve them for three months from the date of the poll. The ballot papers and other records relating to the election shall be secured in a container which shall be affixed with a seal of the Returning Officer and of the candidates who desire to affix their seal.
The ballot papers shall be destroyed after the said period of three months, if no dispute relating to or in connection is these with referred to the [Registrar who will act as arbitrator/ or appoint an Arbitrator]
[Substituted for "Deputy Commissioner of the district" by SRO 1 dated 4th January, 2005.]
.
### 19. Postponement of election in cases of emergencies
(a) If at an election the proceedings are interrupted or in any way disturbed and if in the opinion of the Returning Officer elections cannot be held fairly, he may adjourn the meeting and report the circumstances to the [Deputy Registrar/Joint Registrar Additional Registrar / Registrar]
[Substituted for "Assistant Commissioner/Dy. Commissioner" by SRO 1 dated 4th January, 2005.]
.
(b) Where an election has been postponed under sub-rule (a), the Returning Officer shall with the previous approval of the [Deputy Registrar/Joint Registrar Additional Registrar / Registrar]
[Substituted for "Assistant Commissioner/Dy. Commissioner" by SRO 1 dated 4th January, 2005.]
fix a new date for purpose of election and the provision of these rules shall mutatis mutandis apply to such election.
### 20. Election expenses
(a) A society with a paid up capital of rupees ten thousand or less shall not incur expenditure of more than [two hundred]
[Substituted for "two hundred" by SRO 1 dated 9th January, 2005.]
rupees of election.
(b) A society with a paid up share capital of more than rupees ten thousand but not exceeding rupees one lakh shall not incur more than rupees [four hundred]
[Substituted for "Two hundred" by SRO 1 dated 4th January, 2005.]
on election.
(c) A society with a paid up share capital of more than rupees one lakh shall not incur expenditure of more than rupees [One thousand]
[Substituted for "five hundred" by SRO 1 dated 9th January, 2005.]
on election.
### 21. (a) Notwithstanding anything contained in the bye-laws of any society the election of members of the committee of every primary agricultural society shall be held after every three years in the manner indicated hereinafter:
Provided that the election of members of the committee of such primary societies whose election has already become due on the date of corning into force of this rule shall be conducted within three months of the said date in accordance with the provision of this rule.
(b) [ The Committee or the Administrator shall inform the members two months in advance about the date of election and the Assistant Registrar shall also be informed about the same.]
[Recast by SRO 1 dated 4th January, 2005.]
(c) [ Within seven days of the communication referred to above in clause (b) the Committee/Administrator shall get prepared a list of eligible members and he will be assisted in this process by the Assistant Registrar. The list so prepared shall constitute the draft electoral roll of the society.]
[Recast by SRO 1 dated 4th January, 2005.]
(d) [ After finalization of the draft electoral roll the Committee/Administrator shall given fifteen days prior notice to the members of the society for filing any objections and after disposing them the election will be held as per fixed date. The notice shall be in Form 'B' appended to these rules.]
[Recast by SRO 1 dated 4th January, 2005.]
The notice shall be in form 'B' appended to these rules and shall specify:-
(i) the number of vacancies to be filled by the election;
(ii) the place where the draft electoral roll can be examined and the last date upto which and the officer before whom objection to the entries therein may be filled, such date being not earlier than 15 days from the date of issue of the notice;
(iii) the date on which objections, if any, to the draft electoral roll shall be examined and disposed of;
(iv) the date, time and place upto and at which the nomination papers shall be received;
(v) the date, time and place of scrutiny of nomination papers and the name of the officer who shall make scrutiny;
(vi) the last date of withdrawal of candidatures;
(vii) the date, time and place at which the General Body meeting shall be held and the hours between which the polling shall take place, such date being not earlier than 30 days of issue of the notice.
A copy of the notice shall also be sent to the Assistant Registrar for record.
(e) The notice mentioned in clause (d) shall be given in the following manner:-
(i) by post under certificate of posting;
(ii) by affixing a copy thereof on the notice board outside the registered office of the society and also at conspicuous places in the area of operation of the society; and
(iii) the beat of drum in the area of the operation of the society.
(f) [ The Committee/Administrator shall make available sufficient copies of draft electoral roll for public inspection at the registered office of the society and at Panchayat Ghars located in the areas of operation of the society.]
[Recast by SRO 1 dated 4th January, 2005.]
(g) [ The objections to draft electoral roll shall be received by Committee/ Administrator with a copy to Assistant Registrar for information. The Committee /Administrator shall be assisted by Assistant Registrar for scrutinizing and disposing of the same:]
[Recast by SRO 1 dated 4th January, 2005.]
Provided that no entry shall be deleted from the draft roll nor shall any modifications be made therein unless the person affected thereby is given an opportunity of being heard.
Objections to the draft electoral roll shall be disposed of within two days from the date fixed for receipt thereof.
(h) The orders made on the objections filed shall be incorporated in the draft electoral roll under the signature of the [Committee Administrator and the electoral roll shall be countersigned by Assistant Registrar]
[Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.]
. The rolls so amended shall constitute the final electoral roll of the society.
(i) A nomination paper shall be rejected if the person applying for nomination is ineligible for being elected as a member of the committee under the provisions of the Act or the rules made thereunder or the bye-laws of the society, notwithstanding that no objection is taken to his nomination by any one.
(j) [ The candidates whose nomination papers are found to be valid may withdraw their names within a period of two days from the date of scrutiny by addressing a communication in Form "C" appended to these rules to the Committee/Administrator with a copy to the Assistant Registrar.]
[Recast by SRO 1 dated 4th January, 2005.]
(k) On the fixed date the General Body meeting shall be presided over by a member of the society who shall be elected on the spot by a majority vote to act as Chairman of the meeting:
Provided that no person shall be eligible to act as Chairman if he suffers from any of the disqualifications provided under the Co-operative Law [and Assistant Registrar shall be representative of the Government who will act as enabler/facilitator only]
[Inserted by SRO 1 dated 4th January, 2005.]
.
The Chairman shall act as the Returning Officer. The [the Secretary of the Co-operative Society]
[Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.]
having jurisdiction shall function as the Ex-officio Secretary of the General Body Meeting.
(l) Before the election is conducted [the Secretary of the Co-operative Society]
[Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.]
shall read out in the General Body Meeting the names of all persons whose nomination papers are found to be valid and who are eligible to be elected to the committee of the society and who have not withdrawn their candidatures.
(m) The proceedings of the General Body with the results of the election shall be recorded in the minute book of the society and attested by the Returning Officer and the [the Secretary of the Co-operative Society]
[Substituted for "Assistant Registrar" by SRO 1 dated 4th January, 2005.]
(Ex-officio Secretary) immediately after the conclusion of the elections and the announcement of the results.
The counting of votes shall take place immediately after the votes are cast in presence of the members present.
(n) For matters not specifically mentioned in this rule the provisions of clauses (g), (h), (i), (j), (k), (l), (m), (n) and (p) of rule 18 shall mutatis mutandis apply.
(o) If at an election the proceedings are interrupted or in any way disturbed and if in the opinion of the Returning Officer election cannot be held fairly, the General Body meeting be adjourned and the elections postponed.
(p) When an election has been postponed the Chairman shall with the previous information to the Assistant Registrar fix a new date for the purpose of holding the elections and the provision of this rule shall mutatis mutandis apply to such elections.
(q) Any dispute arising out or in connection with the elections held under this rule shall be disposed of in the manner laid down for determination of the disputes arising out of or pertaining to elections under rule 16 of the Co-operative Societies Rules of 2001.
### 22. Procedure for the election of representatives of a Society to other society or a higher level society
(1) Notices of a meeting of the committee to elect a representative shall be given to all members at least ten days before such election.
(2) The notice shall be sent to the members of the Managing Committee by post under certificate of posting. In addition the notice of such election meeting shall also be affixed on the notice board of the society or the branches of the society, if any:
Provided that in primary society notice shall be given by the circulation amongst the members, instead of by post under certificate of posting.
(3) The election in a primary society shall only be held in the presence of the Cooperative Supervisor having jurisdiction over that society notice of the election meeting shall be sent at least ten days in advance to the Supervisor.
(4) For a Marketing Society the election would be conducted in the presence of the Assistant Registrar having jurisdiction.
(5) The Chairman or President of the society shall invite nominations in writing at the meeting itself. The nominations could be duly seconded. Thereafter voting, if necessary would be by show of hands.
(6) The results of the election would be declared immediately after the voting in the presence of the members and recorded in the minute book. The representative of the Co-operative Department present at the election shall sign the results so recorded.
### 23. Procedure for filling up vacancy in the Board/Committee of the Co-operative society
- Any interim vacancy caused in the Board/Committee of a Co-operative Society arising due to death, resignation, expulsion or incurring any of the disqualifications as laid down in the Act/Rules/Bye laws may be filled by Co-option by the Board/Committee of that society from the constituency to which the Ex-member belonged.[in case the number of vacancies do not exceed fifty percent the vacancies can be filled by Co-option.]
[Substituted for "If, however, the number of such vacancies is more than two such vacancies may be filled in through by election in terms of provisions prescribed under these rules." by SRO 1 dated 4th January, 2005.]
### 24. Remuneration payable to new committee or Administrator
(1) The remuneration payable to a committee or Administrators appointed under section 30 shall be such as the Registrar may from time to time determine.
(2) The amount of such remuneration and the other costs, if any, incurred in relation to the management of the Co-operative Society by the committee or the Administrators shall be payable from the funds of the society.
### 25. Disqualification for membership/appointment/election of committee
(1) No person shall be eligible for appointment/election as a member of the committee of Co-operative Society, if-
(a) he is in default to the society in respect of any loan taken by him, for such period as is specified in the bye-laws of the society, or in any case for a period exceeding three months;
(b) he has directly or indirectly, any interest in any subsisting contract made with the society or in any property sold or purchased by the society or in any other transaction of the society, except in an investment made or in any loan taken from the society;
(c) no person other than the State Government should be member of the committee of more than two apex or central societies;
(d) no person who is a money lender or a shopkeeper whose interests conflict or are likely to conflict with the objects of the society and carries his business or trade within the area of operation of the society shall be eligible for election as a member of the committee or an officer thereof;
(e) subject to the provisions of this rule no person shall be or shall continue to be an office bearer of any society for a consecutive period of more than 3 years:
Provided that a person who has held the office of any society for 3 years shall not be eligible for being re-elected or re-appointed as an office bearer until a period of 3 years has elapsed from the date of vacating his office as such officer:
Provided that where in a society the number of office bearers not eligible for re-election or re-appointment under provision to sub-rule (e) exceeds half the total number of office bearers of the society, the number of such office bearers who shall be ineligible for re-election or re-appointment shall be equal to only half the total number of office bearers of the society. The names of such ineligible office bearers shall be determined by lots by such authority and in such manner as may be prescribed:
Provided further that any person holding the office of President, Vice-President, Chairman, Vice-Chairman, Secretary or Assistant Secretary shall in no case be eligible for being re-elected of re-appointed to any of these offices until a period of 3 years has elapsed from the date of such election or nomination.
Explanation. For purposes of clause (e) :
(i) If any person resigns his office as an office bearer or member within 12 months prior to the expiry of the consecutive period of 3 years in the office he shall be deemed to have completed the said period of 3 years.
(ii) The expression "person" shall not include the Government or a Co-operative Society.
(iii) The expression "office bearer" shall not include a whole time paid employee of the society.
(f) Notwithstanding anything contained in any law for the time being in force a person shall be disqualified for appointment as or for being office bearer of the society if he is a member of the committee of another society of the same type or of two societies of different types:
Provided that nothing in this clause shall be deemed to disqualify a member of the committee of a (primary) society for appointment as or for being a member of either two central societies of different types and one (Apex Society) or of one Central Society and two Apex societies: Provided further that no person shall be the President, Vice-President, Chairman, Vice-Chairman, Secretary or Assistant Secretary of more than one society at a time.
(g) In the case of societies which gives loans to members for purchasing machinery implements, equipments, commodities or other goods no member, whose near relation is dealer in such goods or is a Director of the company or a partner of a firm carrying one business in such goods shall be eligible for being elected or appointed as a member of the committee of such society.
(h) (i)
No person shall be eligible for election or appointment as an office bearer of the Co-operative Society or as a representative of a Co-operative Society in any other Co-operative Society or to vote at a meeting held for the purpose of electing the members of the Managing Committee of a society, if he is:-
(a) in arrears to any society in respect of any loan taken by him, for a period exceeding three months; or
(b) found guilty of embezzlement or misappropriation of funds or stocks of any Co-operative Society.
(ii) Where a person while being an office bearer of Co-operative Society incurs any of the disqualifications specified in clause (h) (i) he shall forthwith cease to be an office bearer of such society.
Explanation. For the purpose of this clause the expression "office bearer" shall include Storekeeper and paid Secretary of the Co-operative Society.
(i) He is a member of any Panchyat, Institution, other local bodies, Legislative Assembly, Council and Parliament shall not be eligible to contest the election of any "office"/"officer bearer' of the society.
(j) He is concerned or participates in the profits or any contract with the society.
(k) He has been convicted for an offence involving moral turpitude.
(l) He holds any office or place of profit under the society except the full-time paid employee on the Board /Committee in ex-officio capacity.
(m) He has been a member of the society for less than twelve months immediately proceeding the date of election or appointment.
(n) He has taken loan or goods on credit from the society or is otherwise indebted to the society and has defaulted after receipt of due notice.
(o) He is a person against whom any amount due under a decree, decision or order is pending recovery under the Act.
(p) He is retained or employed as a legal practitioner on behalf of or against the society.
(q) He has been convicted for any offence under the Act.
(r) If he abstains from more than three consecutive meetings of the Board/Committee of Management.
(s) The society represented by him is classified in the audit below "C" category.
(t) His family member is a paid employee of the society; and
(u) He has not fulfilled all the obligations laid down in the Act, Rules and Bye-laws.
(2) A member of the committee of a Co-operative Society shall cease to hold his office as such if he incurs any of the classifications mentioned in the sub-rule (1):
Provided further that if the General Body meeting of a Co-operative Society is not convened by the Board/Committee in time, the entire Board/Committee will incur disqualification in terms of sub-rule (1) of this rule, and arrangements for holding elections of the Board/Committee in such an event shall be made by the Registrar in accordance with the provisions of the Act, Rules and Bye-laws.
(3) The Chairman or any other office bearer shall cease to hold such office in case a motion of non-confidence is passed at a meeting of the Committee/Board by two-third majority of the total number of committee members who are for the time being entitled to sit and vote at any meeting of the Committee/Board and the officer or such Chairman, or any office bearer, as the case may be.
The requisition for such special meeting shall be signed by not less than one-third of the total number of members of the committee who are for the time being entitled to sit and vote at any meeting of the committee and shall be delivered to Registrar.
### 26. Officers and employees of Co-operative Societies
(1) No Co-operative Society shall appoint any person as its paid officer or employee in any category of service, unless he possesses the qualification and furnishes the security as specified by the Registrar from time to time for such category of service in society, or for the class of societies to which it belongs.
### 27. Prohibition against being interested in contracts etc
(1) No officer of Co-operative Society shall have an interest, directly or indirectly otherwise than as such officer:-
(a) In any contract made with the society; or
(b) In any property sold or purchased by the society; or
(c) In any other transaction of the society except as investment made or as loan taken from the society or the provision of resident accommodation by the society to any paid employees of the society.
(2) No officer of a Co-operative Society shall purchase, directly or indirectly, any property of a member of the society said for the recovery of his dues to the society.
Chapter V
Properties and Funds of Co-operative Societies
-------------------------------------------------------------
### 28. Co-operative Education Fund
- Every Co-operative Society shall contribute such amount not exceeding five percent, as may be directed by the Registrar from time to time out of its net profits of the year to the Co-operative Education Fund to be administered by the State Co-operative Union, or if there is no such union , by a committee appointed by the Registrar. The contribution payable by a society shall be charge on funds of the society and shall be recoverable in the manner provided in section 53. The State Co-operative Union or the committee shall prepare regulation with the approval of the Registrar for the stabilisation and administration of the Fund. Such regulations shall among other things provide for the contribution to the All India Co-operative Union.
### 29. Disposal of unappropriated profits
- Any profits not appropriated in the manner specified in the Act, the Rules and the Bye-laws shall forthwith be credited by a Co-operative Society to its reserve fund.
### 30. Investment of Funds
(1) A Co-operative Society may with previous sanction of the Registrar, invest the whole or any portion of its funds in the purchase of lease of land or in the acquisition, construction or renewal of any building that may be necessary to conduct its business. The amount of the funds so invested shall be recouped on such terms as may be determined in each case by the Registrar.
(2) The provision of sub-rule (1) shall not apply:-
(a) to immovable property purchased:-
(i) by a Co-operative Society at a sale held in execution of a decree obtained by it, for the recovery of any sum due to it, or
(ii) by a financing bank at a sale held in execution of a decree obtained by a Co-operative Society financed by it, for the recovery of any sum due to such society or at a sale brought about by the liquidator of such society;
(b) to the purchase or lease of lands or purchase, construction or renewal of buildings by a Co-operative Society.whose objections according to its bye-laws include such purchase, lease, construction or renewal.
(3) No recoupment of the amount invested under this rule shall be necessary when the investment is made:-
(a) by a Co-operative Society from its building fund constituted out of profits, or
(b) by a Co-operative Society, other than a credit society in which the share Capital raised from the member is intended to build up the special kind of business for which it has been registered.
(4) Nothing in this rule shall apply to the investment of the reserve fund of a Co-operative Society and such investment shall be governed by rule 31.
### 31. Object and Investment of reserve fund
(1) A reserve fund maintained by a Co-operative Society shall belong to the society and is intended to meet unforeseen losses. It shall be indivisible and no member shall have any claim to share in it.
(2) A Co-operative Society shall not invest or deposit its reserve fund except in one or more of the modes mentioned in clause (a) to (d) of section 59 of the Act:
Provided that the Registrar may by general or special order, permit any Co-operative Society or any class of Co-operative Society to invest the reserve fund or a portion thereof in its own business.
(3) No Co-operative Society whose reserve fund has been separately invested or deposited shall draw upon pledge or otherwise employ such fund, except with the sanction of the Registrar previously obtained in writing.
### 32. Disposal of reserve fund on winding up of Co-operative Society
(1) On the winding up of a Co-operative Society, the reserve fund together with other funds constituted by the society in accordance with its bye-laws, shall be applied by the liquidator to the discharge of such liabilities of the society as may remain undischarged out of the assets of the society in the following order, namely:-
(a) the debts of the society;
(b) the paid up share capitals; and
(c) the dividend upon paid up share capital at the rates not exceeding six percent for any period or periods for which dividend has not been paid or such dividend to the maximum rates for any period for which dividend at a rate lower than the maximum specified has been paid. No dividend shall, however, be paid on share capital if the bye-laws of the society do not provide for payment of dividend.
(2) Any surplus funds remaining after the payment in sub-rule (1) shall be utilized in the following manner and object to the following conditions, namely:-
(a) in the case of a Co-operative Society other than a financing Bank:-
(i) the surplus funds shall be applied to such object of public utility as may be selected by the General Body of the dissolved society at a meeting and approved by the Registrar. It shall be competent for the liquidator to constitute a trust to carry out such object and to require the General Body to select a trustee or trustees from among the ex-members or other persons. If the General Body does not select a trustee or trustees or if the selection of a trustee or trustees by the General Body is not acceptable to the liquidator, the liquidator may himself appoint a trustee or trustees. The trustee or trustees, as the case may be, shall execute a deed in such form as the Registrar may from time to time specify. A trust created under this sub-rule/clause shall be governed by the provisions of the law relating to the public charitable trusts, for the time being in force;
(ii) if within thirty days after the issue of notice by the liquidator appointed to wind up the affairs of the society the General Body fails to make any selection that is approved by the Registrar, the Registrar may place the surplus funds on deposit or otherwise with a financing bank working in the area in which the society which is being wound up carried on its operations, until a new Co-operative Society with similar object is registered in such area, in which case the funds shall be carried to the reserve funds of such society. If in the opinion of the Registrar, there is no prospect of a new society being formed in such area within a reasonable time, the Registrar who shall assign the amount to the bad debt reserve or the reserve fund of the financing bank working in such area;
(b) in the case of financing bank the surplus funds shall be assigned by the Registrar to the reserve fund or funds of any other financing banks to which the societies working in the area in which the financing bank which is being wound up carried in its operations, are affiliated. If there is no financing bank working in such area, the Registrar shall invest the amount in the State Co-operative Bank until a new financing bank, is formed in such area, in which case the funds shall be credited to the reserve fund of such financing bank.
### 33. Restrictions on borrowings by Co-operative Societies
(1) Subject to the provision of sub-rule (2) a Co-operative Society shall not receive deposits and loan, whether from members or non-members which exceed the limit fixed, from time to time by the Registrar in this behalf for the society or for class of societies to which it belongs.
(2) A Co-operative Society which accepts deposits and loans from members only and has no liability to any person other than the members, may receive such deposits and loans in excess of the limit referred to in sub-rule (1) if the excess amount is deposited in a Co-operative Bank to which it is affiliated or is invested in Government or other securities specified in section 20 of the Trusts Acts, Samvat 1977:
Provided that the amount so deposited or invested or any part thereof, is not withdrawn otherwise or utilised except for the repayment if the deposits accepted in excess of the aforesaid limit.
### 34. Transactions with Non-members
- No Co-operative Society shall enter into any transaction with a person other than a member except for the furtherance of the business of the society and those referred to in sections 61 and 62 unless:-
(a) the bye-laws of the society permit it to enter into such transaction, and
(b) previous sanction of the Registrar has been obtained by the society and also permitted by the resulting of society.
### 35. Restrictions on grant of loans by a Co-operative Society against its own shares
- No Co-operative Society shall grant loans or make advance against the society of its own shares.
### 36. Maintenance of fluid resources
- Every Co-operative Society of accepting deposits and granting cash credits shall maintain fluid resources in such form and according to such standards as may be fixed by the Registrar from time to time by general or special order.
Chapter VI
Audit
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### 37. Subject matter of audit
(1) The audit under sub-section (1) of section 64 shall include in addition to the matters specified in sub-section (2) of the said section, the following particulars:-
(a) a verification of the balance at the credit of the depositors and creditors and of the amount due from the society's debtors of such proportion thereof as may be fixed by the Registrar,
(b) an examination of the transactions of the member of its committees,
(c) an examination of the statement of accounts of the society to be prepared by the committee in such form as may be determined by the Registrar,
(d) a certificate of the profits actually realised, and
(e) any other matter that may be directed by the Registrar.
### 38. Audit fees
(1) Every co-operative society shall pay to the Government a fee for the audit of its accounts for each co-operative year in accordance with the scale fixed by the Registrar with the previous approval of the Government, in respect of the class of societies to which it belongs.
(2) All fees payable under this rule shall be recoverable in the manner specified in section 156 of the Act.
(3) The Registrar may subject to such condition as may be laid down by the Government remit the whole or any part of the fees payable under sub-rule (1) by a particular society or by a particular class of societies for any year or other specified period.
(4) All the fees collected under sub-rule (1) shall be credited in the Treasury provided that the Registrar Co-operative Societies may with the approval of the Government retain a part of the amount collected for payments to be made to auditors (other than the said staff of the Department) appointed for audit of important Co-operative Societies like Co-operative Bank, Apex Marketing and State Co-operative Union.
Chapter VII
Reference of Disputes to Arbitration and Settlement of Disputes
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### 39. (1) Reference of Disputes to arbitration
- (i) The Registrar/authority may on receipt of the reference of a dispute under sections 70, 71 & 72:-
(a) decide the dispute himself, or
(b) transfer it for disposal to any person who has been invested by the Government with powers in that behalf,
(c) refer it for disposal to an arbitrator.
(ii) The Registrar may withdraw any reference transferred under clause (b) of sub-rule (i) or referred under clause (c) of that sub-rule and decide it himself.
(iii) The Registrar or any other person to whom a dispute is referred for decision under this rule may pending the decision of the dispute make such interlocutory orders, as he may deem necessary in the interests of justice.
(2) Procedure for arbitration A reference to the Registrar/authority of any dispute under sections 70 (1), 71 (1) and 72 (1) of the Act shall be in writing.
(3) The period of limitation for referring a dispute touching the constitution, management for the business of a Co-operative Society under sub-section (1) of Section 70, sub-section (1) of section 71 and sub-section (1) of section 72 of the Act, shall be regulated by the provisions of the Jammu and Kashmir Limitation Act, Samvat 1995 (X of 1995) as if the dispute were a suit and the Registrar/authority/arbitrator a civil court.
(4) Where on receipt of a reference under sub-rule (1), the Registrar/authority decides under clause (c) of sub-rule (1) of rule 39 to refer it for disposal by arbitrator, the reference shall be made to one arbitrator appointed by the Registrar.
(5) The Registrar/authority/arbitrator deciding the dispute shall record a brief note of the evidence of the parties and witnesses who attend and upon the evidence so recorded and after consideration of any documentary evidence produced by the parties, a decision or award, as the case may be, shall be given in accordance with justice, equity and good conscience by such Registrar/authority/arbitrator. The decision or award given shall be reduced in writing. In the absence of any party duly summoned to attend, the dispute may be decided ex parte.
(6) (a)
The Registrar/authority/arbitrator shall have power to require the persons referring a dispute under sub-section (1) of section 70, sub-section (1) of section 71 and sub-section (1) of section 72 of the Act to deposit in advance the fee specified by the Registrar/authority/arbitrator for deciding the dispute.
(b) The Registrar/authority/arbitrator deciding a dispute under sections 70, 71 and 72 of the Act and sub-rule (1) of this rule shall have power to order the expenses incurred in determining such dispute to be paid either out of the funds of the society or by such party or parties to the dispute, as he may think fit.
The Registrar/authority/arbitrator may, in his discretion, remit the whole or any part of the fee collected under clause (a) .
### 40. Mode of service of summons
- Mode of service of summons will be as per procedure mentioned in J&K Civil Procedure Code and the procedure laid down in rules of these rules.
Chapter VIII
Winding Up and Dissolution of Co-operative Societies
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### 41. Procedure to be adopted by liquidator
- Where a liquidator has been appointed under sub-section (1) of section 75 of the Act, the following procedure shall be adopted:-
(a) The appointment of the liquidator shall be notified by the Registrar in the Government Gazette.
(b) The liquidator shall, as soon as the order of winding up of the society takes effect, publish by such means as he may think proper a notice requiring all claims against the society the winding up of which has been ordered, to be submitted to him within two months of publication of the notice. All liabilities recorded in the account book of society shall be deemed to see facts to have been duly submitted to him under this clause.
(c) The liquidator shall after setting the assets and liabilities of the society as they stood on the date on which the order for winding up is made, proceed next to determine the contribution to be made by each of its members, past members, or by the estates or nominees, heirs or legal representatives of the deceased members or by any office bearer or former office bearer to the assets of other society under clauses (b) and (e) of sub-section (2) of section 76 of the Act, should necessity arise, however, he may also make a subsidiary order regarding such contribution and such order shall be enforceable in the same manner as the original order.
(d) The liquidator shall submit to the Registrar a quarterly report in such form as the Registrar may specify, showing the progress made in the liquidation of the society.
(e) The liquidator may empower any person, by general or special order in writing to make collections and to grant valid receipts on his behalf.
(f) All funds in the charge of the liquidator shall be deposited in the Government Treasury or in the Post-Office Saving Bank or in a Co-operative Bank or with such other Bank or persons as may be approved by the Registrar and shall stand in his name.
(g) The Registrar shall fix the amount of remuneration if arty, to be paid to the liquidator, the remuneration shall be included in the cost of liquidation which shall be paid out of the assets of the society in priority to all other claims.
(h) The liquidator shall have power to call for meetings of members of the society under liquidation.
(i) At the conclusion of the liquidation, a General meeting of the society which has wound up shall be called at which the liquidator or any person authorised by him by special or general order in writing in this behalf shall summarise the result of his proceedings and shall lake a vote as to the disposal of any surplus funds in the manner prescribed in rule 32.
(j) If any liability cannot be discharged by the liquidator owing to the whereabouts of the claims not being known or for any other cause, the amount covered by such undischarged liabilities may be deposited in a Co-operative Bank and shall be available for meeting the claims of the persons concerned.
(k) A liquidator may at any time, be removed by the Registrar and he shall on such removal be bound to hand over all the property and documents relating to the society under liquidation to such persons as the Registrar may direct.
(l) The liquidator shall keep such books and accounts as may from time to time be required by the Registrar who may at any time cause such books and accounts to be audited.
(m) All the books and records of a society whose registration has been cancelled, and the proceedings of liquidation may be destroyed by the Registrar after the expiry of the three years from the completion of the liquidation.
Chapter IX
Housing Societies
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### 42. Procedure for sanctioning loan
(a) All loan applications shall be in such form as may be prescribed by the Housefed and the Housing Society. The procedure for sanction of loan shall be regulated by the terms and conditions prescribed by the Housefed from time to time.
(b) The Housefed and Housing Society shall make loan applications available to the borrowers on payment of the prescribed fee.
(c) The intending borrower after completing all the formalities shall submit the application to the Housing Society, which will consider the same and forward the same to the Housefed for sanction of loan. The Housing Society shall forward each loan application to the Housefed within 30 days from the date of its receipt.
(d) The Housefed shall consider each case for sanction of loan under its bye-laws. In case the loan application is rejected the applicant shall be informed within 30 days from the date of its receipt from the society.
### 43. Manner of effecting distraint, etc.
(a) When distraint is to be effected the Board /Committee of the society may apply to the sale officer appointed under section 135 of the Act to arrange the sale of the movable property. The sale officer shall after giving previous notice to the decree holder proceed to the place, where the defaulter resides or the property to be distrained is situated and serve a demand notice upon the defaulter stating therein that the amount as mentioned in the demand notice be paid to the decree holder at once. If the amount due together with the expenses is not paid, the sale allowance or wages shall withheld and remit to the sale officer, the amount due in lump sum or in monthly installments, as the case may be.
(b) When the. property to be attached consists of the share or interest of the defaulter in movable property belonging to him and other person as co-sharer, the attachment shall be made by a notice to the defaulter, prohibiting him from transferring his share or his interest or charging it in any manner.
(c) Where the property to be attached is negotiable instrument either deposited in court or in the custody of public officer, the attachment will be made by actual seizure and the instrument shall be brought to the office of the sale officer for conducting the sale.
(d) Where the property to be attached is a decree for the payment of money or for sale in endorsement of a mortgage or charge, the attachment shall be made if the decree sought to be attached was passed by Registrar or arbitrator appointed under section 72 of the Act.
(e) Where the Registrar or any other authority or arbitrator makes an order under clause (d) he shall on the application of the decree holder proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.
(f) The holder of decree sought to be executed by the attachment of another decree of the nature specified in clause (d) shall be deemed to be the representative of the holder of the attached decree in any manner for the holder thereof.
(g) Where the property attached in the execution of a decree of the nature referred to in clause (f) the attachment shall be made through a notice by the sale officer to the holder of such decree, prohibiting him from transferring or charging the same in any way.
(h) On the application of the holder of a decree sought to be executed by the attachment of another decree, the sale officer making an order of attachment under this sub-rule shall give notice of such order to the judgement debtor bound by the attached decree and no payment or adjustment of the attached decree shall be made by the judgement debtor in contravention of such order after receipt of the notice thereof.
(i) The immovable property shall not be sold in execution of a decree unless such property has been previously attached:
Provided that where the decree has been obtained on the basis of a mortgage of such property it shall not be necessary to attach it.
### 45. For the attachment and sale or sale without attachment of immovable property the following conditions shall be observed
(a) The application presented for the sale of immovable property shall con lain full description of the immovable property to be sold.
(b) Upon the receipt of application, the sale officer shall serve a demand notice upon the defaulter showing the amount due including expenses if any, and in case of non payment thereof within the prescribed period, he shall notify the particulars of properties to be attached and sold or to be sold without attachment as the case may be. The sale officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or if such personal service is not possible, he shall affix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment as the case may be:
Provided that where the sale officer is satisfied that a defaulter with intent to defeat or delay the execution proceedings against him is about to dispose of whole or any part of his property, the demand notice issued by the sale officer shall not allow any time to the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith.
(c) If the defaulter fails to pay the amount specified in the demand notice within the time allowed the sale officer shall proceed to attach and sell or sell without attachment, as the case may be, the immovable property noted in the application for execution in the following manner:-
(i) Where attachment is required before the sale, the sale officer shall serve an attachment notice on the defaulter. Where personal service is not possible the fact of attachment may be proclaimed by the beat of drum or other customary mode at some place adjacent to such property and set at such other places as the sale officer may consider necessary to give due publicity to the attachment. The attachment notice shall set forth that unless the amount due with interest and expenses be paid within the date mentioned thereon the property will be sold;
(ii) Proclamation of sale shall be published by affixing a notice in the office of the sale officer and the Tehsil office at least thirty days before the date fixed, for the sale and also by the beat of drum in the village on two consecutive days previous to the date of sale and on the day of sale notice shall also be given to the decree holder and the defaulter. The proclamation shall state the time and place of sale and specify as fairly and accurately as possible,
(1) The property to be sold.
(2) Any encumbrance to which the property is liable;
(iii) The amount of recovery for which the sale is ordered; and
(iv) Other matters which the sale officer considers essential for a purchase to know in order to judge the nature and value of the property.
(d) When immovable property is sold under these rules the sale shall be subject to the prior encumbrance on the property, if any. The decree holder shall, when the amount for realization of which the sale is held exceeds Rs. 100/- furnish to the sale officer within such time as may be fixed by him encumbrances certificate from the Registration Department for a period of not less than twelve years prior to the date of attachment of the property sought to be sold. The time for production of encumbrance certificate may be. The sale shall be by public auction to the highest bidder, provided that it shall be open to the sale officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons to be recorded in writing. The sale officer may in his discretion, adjourn the sale to another specified day and hour by recording his reasons for such adjournment. Where the sale is adjourned for a longer period than 7 days, a fresh proclamation under clause (e) shall be made. The sale shall be held after expiry of not less than fifteen days calculated from the date on which notice of the proclamation was affixed in the office of the sale officer. The time and place on sale shall be at the place where the property to be sold is located.
(e) A sum of money equal to 25 percent of the price of the immovable property shall be deposited by the purchaser in the hands of the sale officer at the time of the acceptance of bid and in default of such deposit the property shall forthwith be resold:
Provided that were the decree holder is the purchaser and is entitled to set off the purchase money under clause (h) the sale officer shall dispense with the requirement of this rule.
(f) The remainder of the purchase money and the amount required for the stamp duty for the sale certificate shall be paid within 15 days from the date of sale.
(g) In default of payment within the period mentioned in the preceding clause the deposit made by the highest bidder including other expenses, if any, shall be forfeited to the decree holder and the defaulting purchaser shall forfeit all claims to the property, or to any part of the deposit sum for which it may subsequently be sold.
(h) Every resale of immovable property in default of payment of the amount mentioned in clause (h) within the period allowed for such payment shall be made after issuing a fresh proclamation in the manner prescribed for conducting the sale.
(i) Where a decree holder purchases the property the purchase money and the amount due on the decree shall be set off against one another to the satisfaction of the sale officer.
(j) Where prior to the date fixed for a sale, the defaulter or any person acting on his behalf or any person claiming an interest in the property to be sold tenders payment of the full amount together with interest, and other expenses incurred in bringing the property to sale, including the expenses of attachment if any, the sale officer shall forthwith release the property after cancelling the order of attachment.
### 46. Where immovable property has been sold by the sale officer any person either owing such property or holding an interest therein by virtue of a title acquired before such sale may apply to have the sale set aside on his depositing the due amount with the sale officer subject to the condition
(a) of payment to the highest bidder a sum equal to 5% of the purchase money; and
(b) for the payment to the decree holder the amount of arrears specified in the proclamation of sale together with interest thereon and the expenses of attachment if any,-
(i) if such payments are made within thirty days from the date of sale, the sale officer shall pass an order setting aside the sale and shall repay to the highest bidder, the purchase money together with 5% additional sum.
(ii) Provided that if more than one person has made the highest bid the offer of the first depositor to set aside the sale shall be accepted.
### 47. If any lawful purchaser of immovable property is resisted and prevented by any person in taking over the possession of the property purchased any court of competent jurisdiction on application and production of the certificate of sale shall cause the proper process to be issued for the purpose of putting such purchaser in possession in the same manner as if the immovable property purchased has been decreed to the purchaser by the decision of the court.
### 48. It shall be lawful for the sale officer to sell the whole or any part of the immovable property or the defaulter in discharge of money due.
### 49. Every person making payment towards any amount due for recovery payment of which has been made he shall be issued proper receipt by the sale officer. Such receipt shall state the name of the person making the payment and the subject matter in respect of which the payment is made.
### 50. (a) Where any claim is preferred to, or any objection is made to the attachment or any property attached under these rules on the grounds that such property is not liable to such attachment the sale officer shall investigate the objections and dispose of the same on merits:
Provide that no such investigation shall be made when the sale officer considers that the claim or objection is frivolous.
(b) Where the property to which the claim or objection relates has been advertised for sale, the sale officer may postpone the sale pending the investigation of the claim or objection.
### 51. Where a defaulter dies before the decree has been fully satisfied, application under these rules may be made against the legal representatives of the deceased and thereupon all the provisions of these rules shall apply as if such legal representatives were defaulters, where the decree is executed against legal representatives, they shall be liable only to the extent of the property of the deceased which has come to his hands. For the purpose of ascertaining such liability, the sale officer executing the decree may, of his own motion or on the application of the decree holder, compel such legal representatives to produce such accounts as he thinks fit.
### 52. Issue of debentures (a) The Housefed may issue debentures for the purpose of raising funds under section 115 of the Act with prior permission of the Govt., and the trustee. The Registrar, Co-operative Societies will be the sole trustee for which necessary documents will be executed by the Housefed.
(b) The debentures will be of Rs. 500.00 each and the rate of interest will be 10% per annum as specified by the Housefed from time to time with the previous approval of the trustee. The debentures shall be issued for a period of 20 years. For earlier redemption three months advance notice shall be issued.
(c) The Government will stand guarantee for the repayment of the principal and interest on debentures to the extent of rupees one crore. This amount may be increased with the increase of the assets of Housefed.
Chapter X
Execution of Awards, Decrees, Orders and Decisions
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### 53. Procedure In Execution of award etc
(1) Any decree holder requiring the provisions of clause (c) of section 153 of the Act to be applied shall apply to the Recovery Officer within whose jurisdiction the defaulter resides or the property of the defaulter is situated.
(2) Every such application shall be made in the form specified by the Registrar and shall be signed by the decree holder, may indicate whether he wishes to proceed against the immovable property mortgaged to the decree holder or other immovable property or to secure the attachment of immovable property.
(3) On receipt of such application, the Recovery Officer shall verify the correct-ness and genuineness of the particulars set forth in the application with the records, if any, in the office of the Registrar and prepare a demand notice in writing in duplicate in the form specified by the Registrar setting forth the name of the defaulter and the amount due and forward it fit to a sale officer.
(4) Unless the decree holder has expressed a desire that proceedings should be taken in a particular order as laid down in sub-rule (2) execution shall ordinary be taken in the following manner:-
(i) Movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously in case if necessary;
(ii) If there is no movable property, or if the sale proceeds of the movable property, or properties attached and sold are insufficient to meet in full the, demand of the decree holder, the immovable property mortgaged to the decree holder or other immovable property belonging to the defaulter may be proceeded against.
(5) In the seizure and sale of movable property the following rules shall be observed:-
(a) The sale officer shall after giving previous notice to the decree holder, proceed to the village where defaulter resides or the property to be distrained is situated and serve a demand notice upon the defaulter if he is present. If the amount due together with the expenses be not at once paid the sale officer shall make the distress and shall immediately deliver to the defaulter in a list or inventory of the property distrained and an intimation of place and day and hour at which the distrained property will be brought to sale if the amounts due are not previously discharged. If the defaulter is absent the sale officer shall serve the demand notice on some adult member of his family, or on his authorised agent, or when such service cannot be effected shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the distress and shall affix the list of the property attached on the usual place of residence of the defaulter endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale.
(b) After the distress is made, the sale officer may arrange for the custody of the property attached with the decree holder or otherwise. If the sale officer requires the decree holder to undertake the custody of the property, he shall be bound to do so and also loss incurred owing to his negligence shall be made good by decree holder. If the attached property is livestock, the decree holder shall be responsible for providing the necessary food therefor. The sale officer may at the instance of the defaulter or of any person claiming an interest in such property, leave it in the village or place where it was attached, in the charge of such defaulter or person, if he enters into a bond in the form specified by the Registrar with one or more sufficient sureties for the production of the property when called for.
(c) The distress shall be made after sunrise and before sunset and not at any other time.
(d) The distress levied shall not be excessive, that is to say, the property distrained shall be as nearly as possible proportionate to the sum due by the defaulter together with interest and all expenses incidental to the distraint, detention and sale.
(e) If crops or un-gathered products of the land belonging to the defaulter are attached the sale officer may cause them to be sold when fit for reaping or gathering, or at his option may cause them to be reaped or gathered in due season and stored in proper place until sold. In the later cases, the expenses of reaping or gathering and storing such crops or products shall be defrayed by the owner upon his redeeming the property or from the proceeds of the sale in event of its being sold.
(f) The sale officer shall not work the bullocks or cattle or make use of the goods or effect distrained, and he shall provide the necessary food for the cattle or livestock, the expenses incurred thereon shall be defrayed by the owner upon his redeeming the property or from proceeds of the sale in the event of its being sold.
(g) It shall be lawful for the sale officer to force open any stable, cow-House, granary, godown, out-house or other building and he may also enter any dwelling house, the outer door of which may be open and may break the door of any room in such dwelling house for the purpose attaching property belonging to a defaulter and lodged herein, provided always that it shall not be lawful for the officer to break open or enter apartment in such dwelling house appropriated for the Zenana or residence of women except as hereinafter provided.
(h) Where the sale officer may have reason to suppose that property of a defaulter is lodged within a dwelling house, the outer door of which may be shunt or within any apartments appropriated to women which by custom or usage are considered private, the sale officer shall represent the fact to the officer in charge of the nearest Police station. On representation the officer in charge of the said station shall send a police officer to the post in the presence of whom the sale officer may force open the other door of such dwelling house, in like manner as he may break open the door of any room within the house except Zenana, the sale officer may also in the presence of a police officer after due notice given for the removal of women within Zenana and after furnishing means for their removal in a suitable manner if they be women of rank who, according to the custom of usage cannot appear in public, enter the Zenana apartment for the purpose of distraining the defaulter's property, if any deposited therein, but such property, if found, shall be immediately removed from such apartments after which they shall be kept free to the former occupants.
(i) The sale officer shall on the day previous to and on the day of sale cause proclamation of the time and place of the intended sale to be made by beat of drum in the village in which the defaulter resides and in such other place or places as the officer may consider necessary to give due publicity to the sale. No sale shall take place until after expiration of the period of 15 days from the date on which tl3e sale notice has been served or affixed in the manner prescribed in clause (a):
Provided that where the property seized is subject to speedy and natural decay, or where the expense of keeping it in custody is likely to exceed its value, the sale officer may sell it at any time before the expiry of the said period of 15 days, unless the amount due is sooner paid.
(j) At the appointed time the property shall be put up in one or more lots, as sale officer may consider advisable, and shall be disposed of to the highest bidder.:
Provided that it shall be open to the sale officer to decline to accept the highest bid where the price offered appears to be and my low or for other reasons. Where the property is sold for more than the amount due, the excess amount, after deducting the interest and the expenses of process and the other charges, shall be paid to die defaulter:
Provided further that the recovery officer or the sale officer may, in his discretion, adjourn the sale to a specified day and hour recording his reasons for such adjournment. Where a sale is so adjourned for a longer period than 7 days, a fresh proclamation under clause (h) shall be made unless the judgement debtor consents to waive it.
(k) The property sold shall be paid for in cash at the time of sale, or as soon thereafter as the office holding the sale shall appoint, and the purchaser shall not be permitted to carry away any part of the property until, he has paid for it in full, where the purchaser may fail in the payment of purchase money the property shall be resold.
(l) Where it is proved to the satisfaction of any civil court of competent jurisdiction that any property which has been distrained under these rules has been forcibly or clandestinely removed, by any person the court may order forthwith such property to be restored to the sale officer.
(m) Where prior to the day fixed for sale, the defaulter or any person acting on this behalf or any person claiming an interest in the property attached, pays the full amount due including interest, batta and other costs incurred in attaching the property, sale officer shall cancel the order of attachment and release the property forthwith.
(n) The movable properties mentioned as exempt from attachment in the provision to section 60 of the Code of Civil Procedure, 1977 (X of 1977) shall not be liable to attachment of sale under these rules.
(6) Where the movable property to be attached is the salary or allowance or wages of a public officer or a servant of any railway company or local authority or a firm or a company, the Recovery Officer may, on receiving a report from the Sale Officer, order that the amount shall subject to the provisions of section 60 of the Code of Civil Procedure, 1977 (X of 1977) be withheld from such salary or allowance or wages either in one payment or by monthly installments as the said Recovery Officer may direct and upon notice of the order, the officer or other person whose duty it is to disburse such salary or allowance or wages, shall withhold and remit to the sale officer, the amount due under the order or the monthly instalment, as the case may be.
(7) (i)
Where the property to be attached consists of the share or interest of the defaulter in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the defaulter, prohibiting him from transferring the share or interest or charging it in any way.
(ii) Where the property to be attached is a negotiable instrument not deposited in a court, nor in the custody of a public officer, the attachment shall be made by actual seizure and the instrument shall be brought to the office of the Recovery Officer ordering the attachment and be held subject to his further orders.
(iii) Where the property to be attached is in the custody of any court or public officer, the attachment shall be made by a notice to such court or officer, requesting therein that such property and any interest or dividend becoming payable thereon may be held subject to the further orders of the Recovery Officer issuing the notice:-
Provided that where such property is in the custody of a court or Recovery Officer of any another district, any question of title of property arising between the decree holder and any person not being the defaulter, claiming to be interested in such property by virtue of any assignment, attachment or otherwise shall be determined by such court or Recovery Officer.
(8) (i)
Where the property to be attached is a decree either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made if the decree sought to be attached was passed by the Registrar, authority or by a person to whom a dispute was transferred by the Registrar under rule 39(1) of these rules or by an arbitrator, by the order of the Registrar.
(ii) Where the Registrar/authority/arbitrator makes an order under clause (1), he shall on the application of the decree holder who has attached the decree, proceeded to be executed.
(iii) The holder of a decree sought to be executed by the attachment of another decree of the nature specified in clause (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner for the holder thereof.
(iv) Where the property to be attached in execution of a decree is a decree other than a decree of the nature referred to in clause (i), the attachment shall be made by the issue of a notice by the Recovery Officer to the holder or such decree prohibiting him from transferring or charging the same in any way.
(v) The holder of a decree attached under this sub-rule shall give the Recovery Officer executing the decree such information and aid as may reasonably be required. On the application of the holder or a decree sought to be executed by the attachment of another decree the Recovery Officer making an order of an attachment under this sub-rule shall give notice of such order to the judgement debtor bound by the decree attached and no repayment of adjustment of the attached decree made by the judgement debtor in contravention of such order after receipt of notice thereof either through the said Recovery Officer or otherwise shall be recognized so long as the attachment remains in force.
(9) Where the movable property to be attached is.-
(a) A debt due to the defaulter in question;
(b) A share in the capital of a corporation or a deposit invested therein; or
(c) Other movable property not in the possession of the defaulter except property deposited in or in the custody of any civil court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting:-
(i) In the case of a debt , the creditor from recovering the debt and the debtor from making payment thereof;
(ii) In the case of a share or deposit, the person in whose name the share of the deposit may be standing from transferring the share or depositor receiving any dividend of interest thereon; and
(iii) In the case of any other movable property except aforesaid the person in possession of it from giving it over to the defaulter.
A copy of such order shall be sent in the case of the debt to the debtor, in the case of the share of deposit to the proper officer of the corporation and in the case of the other movable property except as aforesaid to the person in possession of such property. As soon as the debt referred to in clause (a) or the deposit referred to in clause (b) mature, the Recovery Officer may direct the person concerned to pay the amount to him. Where the share is not withdrawable the said Recovery Officer shall arrange for its value shall be paid to the said Recovery Officer or to the party referred to in clause (c) the person concerned shall place it in the hands of the said Recovery Officer as it becomes deliverable to the defaulter.
(10) Immovable property shall not be sold in execution of decree unless such property has been previously attached, provided that the decree has been obtained on the basis of a mortgage of such property it shall not be necessary to attach it.
(11) The attachment and sale or sale without attachment of immovable property the following procedure shall be observed:
(a) The application presented under sub-rule (3) shall contain a description of the immovable property to be proceeded against, sufficient for its identification and in case such property can be identified by boundaries or numbers in record of settlement of survey, the specification of such boundaries or number in a record of settlement or survey, the specification of such boundaries or numbers and the specification of the defaulters share or interest in such property to the best of the decree holder and so far as he has been able to ascertain it.
(b) The demand notice issued by the Recovery Officer under sub-rule (3) shall contain the name of the defaulter, the amount due including the expenses if any, and the batta to be paid to the person who shall serve the demand notice, the time allowed for payment, and in the case of non-payment the particulars of the properties to be attached and sold or to be sold without attachment as the case may be . After receiving the demand notice, the sale officer shall serve or cause to be served a copy of the demand notice upon the defaulter or upon some adult male member of his family at his usual place of residence, or upon his authorised agent or if such service is not possible shall affix a copy thereof on some conspicuous part of the immovable property about to be attached and sold or sold without attachment, as the case may be:
Provided that where recovery officer is satisfied that a defaulter with intent to defeat or delay the execution proceeding against him is about to dispose of the whole or any part of his property, the demand notice issued by the recovery officer under sub-rule (3) shall not allow any time to the defaulter for payment of the amount due by him and the property of the defaulter shall be attached forthwith.
(c) If the defaulter fails to pay the amount specified in the demand notice within the time allowed, the sale officer shall proceed to attach and sell, or sell without attachment, as the case may be, the immovable property noted in the application for execution in the following manner.
(d) Where attachment is required before the sale, the sale officer shall, if possible, cause a notice of attachment to be served on the defaulter personally. Where personal service is not possible, the notice shall be affixed, in some conspicuous part of the defaulter's last known residence, if any. The fact of attachment shall also be proclaimed by beat of drum or other customary mode at some place on or adjacent to such property and at such other places as the recovery officer may consider necessary to give due publicity to the sale. The attachment notice shall set forth that, unless the amount due with interest and expenses be paid within the date therein mentioned, the property will be brought to sale. A copy shall be sent to the decree holder. Where the sale officer so directs, the attachment shall also be notified by public proclamation in the Government Gazette.
(e) Proclamation of sale shall be published by affixing a notice in the office of the recovery officer and the Tehsil Office at least thirty days before the date fixed for the sale and also by beat of drum in the village, on two consecutive days previous to the date of sale and on the day of sale prior to the commencement of sale such proclamation shall where attachment is required before sale, be made after the attachment has been effected. Notice shall also be given to the decree-holder and the defaulter. The proclamation shall state the time and place of sale and specify as fairly and accurately as possible,
(i) the property to be sold;
(ii) any encumbrances to which the property is liable;
(iii) the amount for the recovery of which the sale is ordered; and
(iv) Other matters which the sale officer considers essential for a purchaser to know in order to judge the nature and value of the property.
(f) When an immovable property is sold under these rules, the sale shall be subject to the prior encumbrances on the property, if any. The decree-holder shall, when the amount for the realization of which the sale is held exceeds Rs. 100/-, furnish to the sale officer within such time as may be fixed by him or by the recovery officer an encumbrance certificate for registration department for the period of not less than twelve year's prior to the date of attachment of the property sought to be sold or in cases falling under the proviso to the sub-rule (10), prior to the date of application of execution. The time for production of the encumbrance certificates may be extended at the discretion of the sale officer or the recovery officer as the case may be. The sale shall be by public auction to the highest bidder, provided that it shall be open to the sale officer to decline to accept the highest bid where the prices offered appears to be unduly low or for other reasons and provided also that the recovery officer or the sale officer to decline to accept the highest bid where the price offered appears to be unduly low or for other reasons and provided also that the recovery officer or the sale officer may, in his discretion, adjourn the sale to a specified day and hour recording his reason for such adjournment. While a sale is so adjourned for a longer period than 7 days, a fresh proclamation under clause (e) shall be made unless the judgement debtor consents to waive it. The sale shall be held after the expiry of not less than thirty days, calculated from the date on which notice of the proclamation was affixed in the office of the recovery officer. The time and place of sale shall be the village where the property to be sold is situated or such adjoining prominent place of public resort as may be fixed by the said recovery officer:
Provided that in case where an encumbrance certificate is not obtainable owing to the destruction of the connected records and affidavit from the village Patwari in regard to the encumbrances known to him supported by a certificate from the Registration Department that the encumbrance certificate cannot be granted owing the destruction of the connected records, shall be accepted in the place, of an encumbrance certificate.
(g) A sum of money equal to 15 percent of the price of the immovable property shall be deposited by the purchaser in the hands of the sale officer at the time of the purchase, and in default of such deposit, the property shall forthwith be sold:
Provided that where the decree-holder is the purchaser and is entitled to set off the purchase money under clause (k) the sale officer shall dispense with the requirements of the rules.
(h) The remainder of the purchase money and the amount required for the general stamp for the sale certificate shall be paid within fifteen days from the date of sale:
Provided that the limit for such repayment may be at the discretion of the recovery officer for a period of 10 days from the date of sale:
Provided further that in calculating the amounts to be paid under this clause, the purchaser shall have the advantage of any set off to which he may be entitled under clause (k) .
(i) In default of payment within the period mentioned in the preceding clause the deposit may, if the recovery officer thinks fit after defraying the expenses of the sale be forfeited to the Government and the defaulting purchaser shall forfeit all claims to the property, or to any part of the sum for which it may subsequently be sold.
(j) Every resale of immovable property in default of payment of the amount mentioned in clause (h) within the period allowed for such payment, shall be made after the issue of a fresh proclamation in the manner and for the period therein before prescribed for the sale.
(k) Where a decree-holder purchases the property, the purchase money and the amount due on the decree shall be set off against the another and the sale officer shall make entry regarding satisfaction of the decree in whole or in part accordingly.
(12) Where prior to the date fixed for a sale, the defaulter or any person acting on his behalf or any person claiming an interest in the property sought to be sold tenders payment of the full amount due together with interest, batta and other expenses incurred in bringing the property to sale, including the expenses of attachment if any, the sale officer shall forthwith release the property after cancelling where the property has been attached by the order of attachment.
(13) (i)
Where immovable property has been sold by the sale officer, any person either owing such property or holding an interest therein by virtue of a title acquired before such sale may apply to have the sale set aside on his depositing with the recovery officer-
(a) for payment to the purchaser a sum equal to 5 percent of the purchase money; and
(b) for payment to the decree-holder the amount of arrears specifying the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and expenses of attachment, if any, and sale and other costs due in respect of such amount, less amount which may since the date of such proclamation have been received by the decree-holder.
(ii) If such deposits on application are made within thirty days from the date of sale, the recovery officer shall pass an order setting aside the sale and shall repay to the purchaser the purchase money so far as it has been deposited together with the 5 percent deposited by the applicant:
Provided that if more than one person have made deposit and application under this sub-rule, the application of the first depositor to the officer authorised to set aside the sale shall be accepted.
(iii) If a person applies under sub-rule (14) to set aside the sale of immovable property, he shall not be entitled to make an application under this sub-rule.
(14) (i)
At any time within thirty days of the date of the sale of immovable property, the decree-holder or any person entitled to share in a rateable distribution of the assets or whose interests are effected by the sale, may apply to the recovery officer to set aside the sale on the grounds to a material irregularity or mistake or fraud in publishing or conducting it:
Provided that no sale shall be set aside on the grounds of irregularity or fraud unless the said recovery officer, is satisfied that the applicant has sustained substantial injury by reason of such irregularity, mistake or fraud.
(ii) If the application be allowed, the said recovery officer shall set aside the sale and may direct a fresh one.
(iii) On the expiry of thirty days, from the date of sale if no application has been made to set aside the sale or if such application has been made and rejected, the said recovery officer shall make an order confirming the sale:
Provided that, if he shall have reason to think that the sale ought to be set aside notwithstanding that no such application has been made or on grounds other than those alleged in any application which has been made and rejected, he may after recording his reasons in writing set aside the sale.
(iv) Whenever the sale of any immovable property is not so confirmed or is set aside the deposit or the purchase money, as the case may be, shall be returned to the purchaser.
(v) After the confirmation of any such sale the said recovery officer shall grant a certificate of bearing his seal and signature to the purchaser and such certificate shall state the property sold and name of the purchaser, and it shall be conclusive evidence of the fact of the purchase in all courts and tribunals where it may be necessary to prove it. No proof of the seal or signature of the recovery officer shall be necessary unless the authority before whom it is produced has reason to doubt its genuineness.
(vi) An order made under this sub-rule shall be final and shall not be liable to be questioned in any suit or other legal proceedings.
(15) Where any lawful purchaser of immovable property is resisted and prevented by any person other than a person (not being the defaulter) claiming in good faith to be in possession of the property on his own account from obtaining possession of the immovable property purchased and court of competent jurisdiction on the application, and production of the certificate of sale provided for by sub-rule (14), shall cause the proper process to be issued for the purpose of putting such purchaser in possession, in the same manner as if the immovable property purchased had been decreed to the purchaser by a decision of the Court.
(16) It shall be lawful for the sale officer to sell the whole or any portion of the immovable property of the defaulter in discharge of money due:
Provided always that so far as may be practicable so larger section or portion of immovable property shall be sold that may be sufficient to discharge the amount due with interest and expenses of attachment, if any, and sale.
(17) Where an attachment has been made under these rules any private transfer or delivery of the property attached or of any interest therein and any payment to the defaulter of any debt, dividend or other moneys contrary to such attachment shall be void as against all claims enforceable under the attachment.
Explanation: For the purpose of this sub-rule, claims enforceable under an attachment include claims for the rateable distribution of assets under sub-rule (24) .
(18) Persons employed in serving notice or in other process under these rules shall be entitled to batta at such rates as may from time to time be fixed by the recovery officer.
(19) Where the cost and charges incurred in connection with attachment and also of movable property or the attachment and sale or sale without attachment of immovable property under this rule, exceeds the amount of the cost deposited by the decree holder under sub-rule (1) such excess shall be deducted from the sale proceeds of the property sold for the moneys paid by the defaulter, as the case may be, and the balance shall be made available to the decree-holder.
(20) Every person making a payment towards any money due for the recovery of which application has been made under the rules shall be entitled to a receipt for the amount signed by the sale officer or the officer empowered by the recovery officer in that behalf, such receipts shall state the name of the person making the payment and the subject matter in respect of which the payment is made.
(21) (a)
Where any claim is preferred to, or any objection is made to the attachment of any property attached under this rule on the ground that such property is not liable to such attachment, the sale officer shall investigate the claim or objection and dispose of it on merits:
Provided that no such investigation shall be made when the sale officer considers that the claim or objection is frivolous.
(b) Where the property to which the claim or objection relates has been advertised for sale, the sale officer may postpone the sale pending the investigation of the claim or objection.
(c) Where a claim or an objection is preferred, the party against whom an order is made may institute a suit within six months from the date of the order to establish the right which he claims against the property in dispute, but, subject to the outcome of such suit, if any, the order shall be conclusive.
(22) (i)
Any deficiency of price which may occur on a resale held under clause (j) of sub-rule (ii) by reason of the purchasers' default and all expenses incurred on such resale shall be certified by the sale officer to the recovery officer and shall, at the instance of either decree-holder or the defaulter, be recoverable from the defaulting purchaser under the provisions of this rule. The costs, if any incidental to such recovery shall also be borne by the defaulting purchaser.
(ii) Where the property is on the resale, sold for a higher price than at the first sale the defaulting purchaser at the first sale, have no claim to the difference or increase.
(23) Where any property has been attached in execution of a decree but by reason of the decree holder's default the recovery officer is unable to proceed further with the application for execution, he shall either dismiss the application or for any sufficient reason adjourn the proceedings to a future date. Upon the dismissal of such application the attachment shall cease.
(24) (a)
Where the sale officer attaches or has attached under these rules, any property not in the custody of any court, which is already under attachment made in execution of a decree of any court, such court shall receive and realize such property and shall determine claims thereto and any objections to the attachment thereof:
Provided that where the property is under attachment in the execution of decree of more courts than one, the court which shall receive or realize such property and shall determine any claim thereto and objection to the attachment thereof, shall be the court of the highest grade, or where there is no difference in grade between such courts, the court under whose decree the property was first attached.
(b) Where assets are held by the sale officer and before the receipt of such assets demand notices in pursuance of application for execution of decree against the same defaulter have been received from more than one decree-holder and the decree-holders have not obtained satisfaction of their decrees the assets after deducting the costs or realization, shall be rateably distributed by the sale officer among all such decree-holders in the manner provided in section 73 of the Code of Civil Procedure, Samvat 1977.
(25) Where a defaulter dies before the decree has been fully satisfied an application under sub-rule (1) may be made against the legal representative of the deceased and thereupon all the provisions of this rule shall, save as otherwise provided in this sub-rule apply as if such legal representative was the defaulter. Where the decree is executed against such legal representative he shall be liable only to the extent of the property of the decrees which has come to his hands and has not been duly disposed of and for the purpose of ascertaining such liability, the recovery officer executing the decree may, of his own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as he thinks fit.
(26) Where in connection with proceedings on an application under section 153 of the Act, any person requires the issue of any process or objects to any process issued or objects to any order passed, he shall pay such fee as may be specified by the Registrar in this behalf.
### 54. Mode of making attachment before judgement
(1) Attachment of property under section 154 of the Act shall be made by the authority as provided in the rule 53.
(2) Where a claim is preferred to property attached under sub-rule (1) such claim shall be investigated in the manner and by the authority specified in rule 53.
(3) Where a direction is made for the attachment of any property under sub-rule (1), the recovery officer shall order the attachment to be withdrawn:
(a) When the party concerned furnishes the security required, together with security for the costs of the attachment; or
(b) When the liquidator determines under clause (d) of sub-section (2) of section 76 of the Act that no contribution is payable by the party concerned; or
(c) When the Registrar passes an order under sub-section (1) of section 69 that the party concerned need not repay or restore any money or property or contribution any sum to the assets of the society by way of compensation; or
(d) When the dispute referred to in sub-section (1) of sections 70, 71, 72 and rule 39 (1) of these rules has been decided against the party at whose instance the attachment was made.
(4) Attachment made under sub-rule (1) shall not effect the rights existing prior to the attachment, of persons who are not parties to the proceedings, there shall be no bar on the decree holder for applying for the sale of the property under attachment in execution of such decree.
(5) Where property is under attachment by virtue of the provisions of this rule and a decree is subsequently passed against the persons whose property is attached, it shall not be necessary upon an application for execution of such decrees to apply for re-attachment of the property.
### 55. Proceeding for the distraint and sale of property under section 99 and for the sale of mortgaged property under section 100
- The procedure prescribed under rule 53 for execution of the decree, shall, to the extent of necessity be applicable in respect of mortgage bank requiring the provision of section 99 and section 100 to be applied against a defaulter.
### 56. Procedure for service of summons
(1) Every summons issued under the Act shall be in writing authenticated by the seal, if any, of the officer who issued it and shall be signed by such officer or by any person authorised by him in writing in that behalf. It shall require the person summoned to appear before the said officer at a given time and place and shall also specify whether his attendance is required for purpose of giving evidence or to produce a document, or for both the purpose, and any particular document the production of which is required, shall be described in the summons.
(2) Any person summoned to produce a document only shall be deemed to have complied with the summons if he causes such documents to be produced by post or by any other person.
(3) The service of summons under the Act may be effected in any of the following methods:
(a) by giving or tendering it to such person; or
(b) if such person is not found, by leaving it at his last known place of residence or business or by giving or tendering it to some adult member of his family; or
(c) if the address of such person is known to the Registrar or other authorised person, by sending it to him by post registered; or
(d) if none of the means aforesaid is available, by affixing it in some. conspicuous part of his last known place of residence, abode or business.
(4) Where the serving officer delivers or tenders copy of the summons to the defendant personally or to an 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 or service endorsed on the original summons.
(5) The serving officer shall in all cases in which the summons had been served under sub-rule (4) endorse or annex or cause to be endorsed or annexed-on or to the original, summons a return stating the time and the manner in which the summon was served and the name and address of the person if any, identifying the person served and witnessing the delivery or tender of the summons.
(6) Where the party to be summoned is a public officer or is the servant of a railway company or local authority, the officer issuing the summons may, if it appears that the summons may be most conveniently so served, send it by registered post prepared for acknowledgement for service or for service on the party to be summoned to the head of the office in which he is employed together with a copy to be served endorsed on the original summons.
Chapter XI
Agriculture and Rural Development Banks
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### 57. Procedure for submission and consideration of application for loans from an Agriculture and Rural Development Bank
(1) All applications for loan from an Agriculture and Rural Development Bank shall be made in the form prescribed by the State Agriculture and Rural Development Bank with the approval of the Registrar. The form shall among other things contain a list of documents, which are required to be submitted for purposes of dealing with the applicant.
(2) Every Agriculture and Rural Development Bank shall keep sufficient stock of printed copies of the forms of loan application and shall issue them to the intending borrower on payment of such fee as may be specified from time to time by the State Agriculture and Rural Development Bank with the approval of the Registrar.
(3) Every Agriculture and Rural Development Bank shall specify from time to time, the name, designation and address of the officer (hereinafter in this Chapter referred to as " the receiving officer") who shall receive all loan application forms from the intending borrowers.
(4) The application together with copies of necessary documents and amount of all fees specified by the State Agriculture and Rural Development Bank with the approval of the Registrar and deposit equivalent to the value of one share of the Bank, shall be submitted by the applicant to the receiving officer.
(5) On receipt of an application for loan, the receiving officer shall put his initials on the application and mention his designation and the date of receipt of the application.
(6) After an application for loan has been received the receiving officer shall verify whether it contains all the necessary particulars and is accompanied by the necessary documents. If any details are lacking, he shall get the application completed by the applicant.
(7) Each application shall be entered in the chronological order in the register of application for loan from the Agriculture and Rural Development Bank to be maintained by the receiving officer and shall be dealt with in the same order.
(8) Immediately after the application is entered in the register of application for loans from the Agriculture and Rural Development Bank, the receiving officer shall forward it to the Land Valuation Officer or such other persons as may be nominated in this behalf by the Registrar, Cooperative Societies within whose jurisdiction the land in respect of which the application is made is situated (being the person prescribed for the purposes of sub-section (1) of section 88 of the Act, hereinafter in this Chapter referred to as the Public Inquiry Officer'). The Public Inquiry Officer shall give at least eight days public notice in form 'F' calling upon all persons interested to present their objections to the loan, if any. The notice shall also be given by beat of drum and shall be affixed at conspicuous places in the village or villages where the applicant resides and in the limits of which the land or lands proposed to be improved or offered as security for the loan is or are situated. A copy of the notice shall be exhibited in the Head Office and relevant branch office, if any, of the Agriculture and Rural Development Bank concerned and in the office, if any, of the person giving notice.
(9) If any person interested to raise objection fails to appear as stated or required by the aforesaid notice, the question at the issue will be decided in their absence and such persons will till such time as the loan together with interest thereon or with other dues arising out of the loan are paid in full by the loanee. The Public Inquiry Officer shall consider every objection submitted under sub-section (1) of section 88 in the manner laid down in the section.
(10) The Public Enquiry Officer shall then forward the application within two days after its disposal to the Agriculture and Rural Development Bank concerned. The Agriculture and Rural Development Bank may appoint an Enquiry Officer (hereinafter in this Chapter referred to as the "Enquiry Officer") to enquire into the application. The Enquiry Officer shall make enquiry by personally visiting the land in which the improvement is proposed to and shall verify the records of the lands and other property offered as security. He shall conduct his enquiry in accordance with the form to be prescribed by the State Agriculture and Rural Development Bank.
In case the Public Enquiry Officer is unable to forward the application within two days, he shall make a report to the Registrar, stating thereunder, the reasons therefor and he shall thereafter act in accordance with such directions as may be issued to him by the Registrar.
The Enquiry Officer may make such other enquiries as may be necessary and shall value lands according to such formula as may be laid down by the State Agriculture and Rural Development Bank, with the approval of the Registrar from time to time, estimate the repaying capacity of the applicant and examine the feasibility and the utility of the proposed improvement. He shall then submit his report stating therein the amount of loan which may be granted to the applicant against the security and specify the period within which it may be recovered from him. The Enquiry Officer shall complete his enquiry within fifteen days of the receipt of the application.
If the Enquiry Officer is unable to complete his enquiry within fifteen days, he shall make a report to the Registrar stating therein the reasons therefor and he shall thereafter act in accordance with such directions as may be issued to him by Registrar.
(11) After completion of the Enquiry, the application together with his report shall be submitted by the Enquiry Officer to the Agriculture and Rural Development Bank together with the following certificates:-
(a) Certificate regarding outstanding Government dues;
(b) Any other relevant certificate.
(12) On receipt of the report of the Enquiry Officer under sub-rule (11), the Agriculture and Rural Development Bank shall satisfy itself that the inquiry has been properly conducted. If there are any deficiencies, the Bank shall get them completed immediately.
(13) The Agriculture and Rural Development Bank may then undertake such further scrutiny as may be necessary and pass orders within 30 days. Decision shall be communicated to the applicant within 7 days thereafter. In case the final orders are not passed within 30 days, the Bank shall make a report to the Registrar stating therein the reason therefor and shall thereafter act in accordance with such directions as may be issued to it by Registrar.
(14) All the applications received by the Agriculture and Rural Development Bank shall be disposed of by the Bank within maximum period of four months. If the Bank is unable to dispose of an application for loan within the period of 4 months, it shall make a report to the Registrar stating therein the reasons therefor and the Bank shall thereafter act in accordance with such directions as may be issued to it by the Registrar.
(15) In the case of rejection of application for loans, the reasons therefor shall be communicated by the Bank to the applicant. When the loan has been sanctioned, the Bank shall lay down the terms and conditions regarding grant of loan and payment of installments, submission of report on the progress of improvement of land and release of subsequent installment, the applicant shall be asked by the Agriculture and Rural development Bank to remain present at the Head Office or Branch Office of the Bank on a date to be fixed for execution of the mortgage deed and for receiving loan or the communication of sanction of loan to the applicant. First installment thereof, such date shall not ordinarily be latter than 15 days from the date of receipt of application.
(16) The applicant while receiving the amount of the loan or the first installment of the loan shall purchase share of the Bank to such extent as may be required under bye-laws of the Bank. The Agriculture and Rural Development Bank shall issue a receipt to the applicant giving full particulars of the amount paid by him from time to time.
(17) Failure to comply within time limits specified in this rule shall not in any manner affect the validity of the sanction of the loans by the Agriculture and Rural Development Bank or by the State Agriculture and Rural Development Bank.
### 58. Registration of Copies of Instruments under section 94
- Copies of instruments referred to in section 94 duly certified by the Manager of the Agriculture and Rural Development Bank shall be sent by Agriculture and Rural Development Bank to the Registering Officer concerned within a period of 3 months from the date of execution of the instrument by registered post or by hand delivery.
### 59. Appointment, qualification, powers and functions of a Sale Officer under section 100
- An Agriculture and Rural Development Bank may, from time to time, by a resolution of its board appoint any of its officers or any other person as a Sale Officer for the purpose of effecting sale of mortgaged property under section 100. Such Sale Officer shall exercise the. same powers and functions as are conferred upon a Sale Officer, under these rules.
### 60. Circumstances under which the State Agriculture and Rural Development Bank or the Trustee may take action under section 99
- Where action under section 99 and 100 is not taken against the defaulter by the Agriculture and Rural Development Bank or by the State Agriculture and Rural Development Bank, the Trustee may call upon them to take necessary action within 7 days and report compliance, if no such report of compliance is received, the Trustee may himself take the necessary action.
### 61. Sale of immovable property purchased by Agriculture and Rural Development Bank the State AgricultUre and Rural Development Bank
(1) The Agriculture and Rural Development Bank or the State Agriculture and Rural Development Bank which has purchased any immovable property sold under section 92 of the Act, shall unless otherwise directed by the Trustee, use its best endeavor to sell it to the best advantage of the Bank. The sale shall be effected by public auction within a period of six months from the date of purchase or within such further period as may be permitted by the Trustee.
(2) The date and the place of such public auction shall be notified not less than thirty days before-
(a) Advertising the sale of property with full details in one or more local newspapers.
(b) Proclamation of sale by beat of drum in the village where the properly is situated.
(c) Publication of sale notice at:
(i) The village panchayat;
(ii) The office of the Tehsildar or Naib-Tehsildar;
(iii) The office of Agriculture and Rural Development Bank or the branch office of the State Agriculture and Rural Development Bank;
(iv) The principal office of Assistant Registrar of the Tehsil. The sale shall be subject to confirmation by the Registrar.
(3) The State Agriculture and Rural Development Bank or the Registrar may call for any clarification deemed necessary from the Agriculture and Rural Development Bank and satisfy itself or himself that the sale has properly been conducted and the Agriculture and Rural Development Bank shall furnish the same forthwith. The Registrar may call for any clarification from the State Agriculture and Rural Development Bank for the same purpose and such clarification shall be furnished forthwith by the State Agriculture and Rural Development Bank.
Chapter XII
Appeal, Revision and Review
--------------------------------------------
### 62. Sittings of the tribunal
- The Headquarters of the Tribunal, shall be at Srinagar/Jammu and all appeals and applications shall be heard at Srinagar/Jammu:
Provided that if, in opinion of the Chairman of the Tribunal there is sufficiently a large number of appeals and applications arising out of orders and other proceedings in any particular area, he may direct the Tribunal to sit at any convenient place in the State of J&K to hear and dispose of such appeals and applications in which case sufficient notice of the sitting indicating place and date shall be given in writing to the parties concerned, and by publication on the notice board of the Tribunal and in any two newspapers having large circulation in the State.
### 63. Qualification of member of Tribunal
- No person shall be qualified to be appointed as a member of the Tribunal unless he
(a) is a District judge or has exercised the powers of a District Judge; or
(b) is an Advocate of at least ten years standing; or
(c) [ is a person who has obtained a Degree in law and has experience of working as Registrar Cooperative Societies or a person with a degree in law and having higher diploma in Cooperative management and is equal in status to Registrar Cooperative Societies.]
[Recast by SRO 1 dated 4th january, 2005]
Chapter XIII
64. Maintenance of register of names etc. of Co-operative Societies
-------------------------------------------------------------------------------------
- The Registrar shall maintain:
(1) a register of the names and addresses of all Co-operative Societies registered under the Act; and
(2) a record of the bye-laws of each such Co-operative Society with all subsequent amendments thereto, arranged in the order in which the amendments are registered.
### 65. Accounts and other books to be maintained by the Societies
- A Co-operative Society shall keep such account books and registers in connection with.business of the society as the Registrar may, from time to time require.
### 66. Power of Registrar to direct account and books to be written up
- The Registrar may, by order in writing, direct Co-operative Society to get any or all the accounts and books required to be kept by it under file 40 written up to such date, in such form and within such time as he may direct.
In case of failure by any society to do so, the Registrar may depute an officer subordinate to him to write up the accounts and books. In such cases, it shall be competent for the Registrar to determine, with reference to time involved in the work and the emoluments of the officer deputed to it, the charges which the society concerned should pay to the Government and to direct its recovery from the society.
### 67. Statement and returns to be furnished by Societies
(1) Every Co-operative Society shall prepare for each Co-operative year in such form as may be specified by the Registrar
(a) a statement showing the receipts and disbursement for the year;
(b) a profit and loss account;
(c) a balance sheet; and
(d) such other statements or returns as may be specified by the Registrar.
(2) Every Co-operative Society shall submit to the Registrar annually, within such time as he may direct a copy of the statements specified in sub-rule (1). After the Registrar or the Auditor has verified the statements and granted his Audit Certificate, the society shall publish the Audit Certificate and such of the prescribed statement as he may direct in the manner specified by him and the Audit Certificate shall so far as practicable be granted within one year from the date of receipt of the statements specified in sub-rule (1).
(3) Every Co-operative Society shall, in addition to annual statement specified in sub-role (1) also submit to the Registrar any statement or return in such form, within such time and for such period as the Registrar may specify.
(4) In case of failure by any society to submit any statement or return specified in sub-rule (1) or sub-rule (3) within the specified time, the Registrar may depute an officer to prepare necessary statement or returns, in such cases, it shall be competent for the Registrar to determine the charges/expenses and emoluments of the officer deputed to do the same and such expenses and charges shall be borne by the concerned society and shall be paid to the Govt. and also the Registrar shall direct such recovery from the society.
(5) Every Co-operative Society shall prepare a list of its members as on the last day of each Co-operative year.
The list shall be kept open at the office of the society during office hours for inspection by any member of the society. The list of members shall be revised fourteen days prior to the date of meeting fixed for election of the committee of the society and shall include the members admitted and exclude the members removed during the period commencing from the date when the list was revised and ending with the date of the revision of the list.
### 68. Proof of entries in Co-operative Society's Books and certified copies thereof
(1) A copy of any entry in a book of a Co-operative Society regularly kept in the course of its business, shall, if certified in such manner as may be prescribed, be received in any suit or legal proceeding as prima facie evidence, of such entry and shall be admitted as evidence of the matters, transaction and accounts therein recorded in the same manner and to the same extent as the original entry itself is admissible.
(2) A Co-operative Society may grant copies of any document obtained and kept by it in the course of its business, or of any en tries in such documents, and copy so granted shall, when certified in such manner as hereinafter provided, be admissible in evidence for any purpose in the same manner and to the same extent as the original document, or the entries therein as the case may be.
(3) No officer of a Co-operative Society or in whose office the books of a Co-operative Society are deposited after liquidation shall, in any proceedings to which the society or the liquidator is not a party, be compelled to produce any of the Society's books or documents the contents of which can be proved under this rule or to appear as a witness to prove the matters, transactions and accounts therein recorded, except under order of the Government, Court, Tribunal or the Arbitrator made for the special cause.
(4) For the purpose specified in this rule a copy of any entry in the books of a Co-operative Society regularly kept in the course of business shall be certified
(a) by the Chairman or Secretary of the society and shall also bear the society's seal; or
(b) by the liquidator where an order has been passed under section 66 appointing a liquidator of the society.
(5) The charges to be levied for the supply of such certified copies shall not exceed the amount specified in that behalf by the Registrar from time to time.
### 69. Restriction on persons appearing as legal practitioners
(1) In the proceeding before the Registrar, the Arbitrator or any other person deciding a dispute or in appeals before the Registrar, the Tribunal or the Govt. a legal practitioner shall not be entitled to appear to represent any of the party, but the Registrar or any other authority deciding dispute or hearing an appeal may permit such appearance in special cases.
(2) Any officer of a Co-operative Society who appears as a legal practitioner -
(i) against such society or against any other Co-operative Society which is a member of the former society; or
(ii) (otherwise than in an honorary capacity), on behalf of such society or on behalf of any other society which is a member of the former society, shall be deemed to have vacated his office in the society.
### 70. Inspection of documents
- A member of a Co-operative Society or a member of the public may inspect the following documents in the office of the Registrar free of charges and may obtain certified copies thereof on payment of the following fees:
(1) Application for registration of a society .............Re. 1 /- each.
(2) Certificate of Registration ................Re. 1 /- each.
(3) Bye-laws of societies..........Re. 1/- per folio.
(4) Amendment of bye-laws of a society ........Re. 1 /- per folio.
(5) Order of cancellation of the registration
of society Re. 1 /- per folio.
(6) Audit Memorandum of a society.
(7) Annual Balance Sheet........Re. 1 /- per folio.
(8) Order for surcharge u/s. 72 ..............Re. 1/- per folio.
(9) Order of supersession of a committee or removal of any member thereof ........Re. 1 /- per folio.
(10) Any other order against which an appeal is provided Re. 1/- per folio.
### 71. Form of declaration
(1) Form of declaration as required under section 35 of the Co-operative Societies Act, 1989 is appended to these rules as form "D"
(2) Declaration Form shall be recorded in a register to be maintained for the purpose as per form "E" appended to these rules.
### 72. Power to exempt societies from condition of registration
- Notwithstanding anything contained in the Act, the Government may by special order in each case and subject to such condition, if any, as it may impose, exempt a Co-operative Society from any of the requirements of this Act as to registration.
### 73. Register of members
- A register or list of members or share kept in any Co-operative Society shall be prima facie evidence of any of the following entries therein:
(a) the date on which the name of a person was entered in otherwise or listed as a member;
(b) the date on which any such person ceased to be member.
### 74. Acts of Co-operative Societies not be invalidated by certain defects
- No act, of a Co-operative Society or any committee or of an officer appointed under these rules shall be deemed to be invalid by reason only of the existence of any defect in the constitution of the society of the committee or in the appointment or election of an officer or on the ground that such officer was disqualified for his appointment.
Form "A"
Form of Nomination to the committee of Co-operative Society.
I ...........individual/society hereby propose the nomination..............Society.
Name of the proposer.
Status
Name of the Seconder
Status
Note:In the case of nomination of the representative by a Co-operative Society, the proxy form issued by the Society in favour of the proposer and seconder must accompany this form.
(Receipt for nomination paper)
The nomination of ......................... a candidate of election as member to the society .................... was delivered to me on ............................
Signature of Returning Officer
Form 'B'
Notice of Election
[See rule 14-1) (d) ]
Election to ........................
Notice is hereby given that -
### 1. an election is to be held of ..................... ###
2. the electoral rolls may be examined in the office of the............. at ............. between the hours of.........and.........from.....to........
### 3. any objection to the entries made in the electoral rolls may be made before.......within...........days from the date of issue of this notice. ###
4. the objections, if any, to the enteries made in the electoral rolls shall be considered on...........
### 5. nomination papers may be delivered between the hours of .....and ........... by a member of the society to......at his office on.....day of............. ###
6. the nomination papers will be taken tip for scrutiny by........at......(hours) on........(date) at......, (place).
### 7. notice of withdrawal of candidature may be delivered by a candidate to........at his office before 3 P.M. on ................. ###
8. the general body meeting shall be held between the hours of........and........ on the.......day of.......at..........(place) and in the event of election being contested, the poll will take place between the hours of.....and.................
Place......
President or Administrator of the Committee.
................ Society
Date .........
Here appropriate particulars of the election are to be inserted.
Form C
[See rule 14-D (j) ]
Notice of Withdrawal
Election to the..................
To
The Assistant Registrar,
.......................
I...............a candidate nominated at the above election do hereby give notice that I withdraw my candidature.
Signature of Candidate.
Place ................
Date ...............
Copy forwarded to the Committee/Administrator.
Form D
Declaration Form
See Rule 60 (I) I, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (age) \_\_\_\_\_\_\_\_\_\_\_ residing at \_\_\_\_\_\_\_\_\_\_\_ having been admitted to the membership of ............. Society Ltd.,/with unlimited liability and being desirous of borrowing/having borrowed loans from the society before the date of coming into force of the J&K Co-operative Societies Act 1989, make this declaration as required by Rule 60 (i) and/or hold land as a tenant as specified in the schedule and I hereby create a charge on the land owned and/or on my interest in the land held by me as tenant, and/or on the standing crops on the said land in favour of the society for the payment of the amount of the loan which the society may make/has made for all future advances, if any, which the society may made to me subject to the maximum amount of Rs. \_\_\_\_\_\_\_\_\_\_\_ (Rupees\_\_\_\_\_\_\_\_\_\_\_only) together with interest on such amount of the loan and advances.
Schedule
----------
| | | | | |
| --- | --- | --- | --- | --- |
|
Name of Village
|
Name of Tehsil
|
Name of District
|
Khasra No.
|
Plot No.
|
|
1
|
2
|
3
|
4
|
5
|
|
Boundries
|
Area
|
Approximate value
|
Encumbrances(if any)
|
Remarks
|
|
South
|
North
|
Nature of Amount
|
|
East
|
West
|
|
6
|
7
|
8
|
9
|
10
|
|
|
|
|
|
|
In witness thereof I, Shri \_\_\_\_\_\_\_\_\_\_\_ hereunder sent my hand \_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ in the year one thousand nine hundred and \_\_\_\_\_\_\_\_\_\_\_ signed and delivered by the above \_\_\_\_\_\_\_\_\_\_\_ in the presence of.
Witness : 1. \_\_\_\_\_\_\_\_\_\_\_ 2. \_\_\_\_\_\_\_\_\_\_\_
Signature
Applicant's Borrower's
Forwarded with compliments to the Tehsildar with a request to include the particulars of the charge \_\_\_\_\_\_\_\_\_\_\_ under the declaration in the record of rights and to return to the society for its record.
Chairman/Secretary
Returned with compliments to the Chairman \_\_\_\_\_\_\_\_\_\_\_ Society Ltd.,/unlimited. The charge created under the declaration is duly included in the record of rights on the day of \_\_\_\_\_\_\_\_\_\_\_ 19. \_\_\_\_\_\_\_\_\_\_\_
Tehsildar.
Land owned and lands held as tenants to be shown separately.
Form "E"
Register of Declaration Made Under Rule
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S. No.
|
Date of Entry in the Register
|
Name of Member
|
Date of declaration
|
Name of Village in which land is situated
|
Plot No.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
|
Area
|
Approximate
|
Encumbrances(if any)
|
Amount of maximum loan
|
Remarks
|
Initial of the Chairman
|
|
Kanals
|
Marlas
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
Number of Amount.
Notifications, Circulars,Orders, Etc.
Board of Management for managing the affairs of State Co-operative Bank Ltd. appointed
SRO 384, dated 26.12.2011, Cooperative Department
In exercise of the powers conferred by proviso to sub-section (4) of section 29 of the Jammu and Kashmir Cooperative Societies Act, 1989, and in supersession of all previous notifications/orders on the subject, the Government appoint the Board of Management for managing the affairs of State Co-operative Bank Ltd. corn prising of the following namely:
| | | |
| --- | --- | --- |
|
01
|
Minister of State (IC) Cooperative
|
Chairman
|
|
02
|
Commissioner/Secretary to Government, Cooperative Department.
|
Member
|
|
03
|
Chief General Manager NABARD, Jammu
|
Member
|
|
04
|
Managing Director, State Cooperative Bank
|
Member Secretary
|
The tenure of the Board of Management shall be for six months or till such time elections are held which ever is earlier.
Appointment of Board of Management for managing the affairs of State Cooperative Agriculture and Rural Development Bank
SRO 385, dated 26.12.2011, Cooperative Department
In exercise of the powers conferred by proviso to sub-section(4) of section 29 of the Jammu and Kashmir Co-operative Societies Act, 1989, and in supersession of all previous notifications/orders on the subject, the Government appoint the Board of Management for managing the affairs of State Cooperative Agriculture and Rural Development Bank comprising of the following namely:
| | | |
| --- | --- | --- |
|
01
|
Minister of State (IC) Cooperative
|
Chairman
|
|
02
|
Commissioner/Secretary to Government, Cooperative Department.
|
Member
|
|
03
|
Chief General Manager NABARD, Jammu
|
Member
|
|
04
|
Managing Director, State Cooperative Bank
|
Member Secretary
|
The tenure of the Board of Management shall be for six months or till such lime elections are held which ever is earlier.
Appointment of Board of Management for managing the affairs of JAKFED
SRO 386, dated 26.12.2011, Cooperative Department
In exercise of the powers conferred by proviso to sub-section(4) of section 29 of the Jammu and Kashmir Co-operative Societies Act, 1989, and in supersession of all previous notifications/orders on the subject, the Government appoint the Board of Management for managing the affairs of JAKFED comprising of the following namely:
| | | |
| --- | --- | --- |
|
01
|
Minister of State (IC) Cooperative
|
Chairman
|
|
02
|
Commissioner/Secretary to Government, Cooperative Department.
|
Member
|
|
03
|
Chief General Manager NABARD, Jammu
|
Member
|
|
04
|
Managing Director, State Cooperative Bank
|
Member Secretary
|
The tenure of the Board of Management shall be for six months or till such time elections are held which ever is earlier.
Appointment of Board of Management for managing the affairs of Anantnag Central Cooperative Bank Ltd. (ACCB) SRO 387, dated 26.12.2011, Cooperative Department
In exercise of the powers conferred by proviso to sub-section(4) of section 29 of the Jammu and Kashmir Co-operative Societies Act, 1989, and in supersession of all previous notifications/orders on the subject, the government appoint the Board of Management for managing the affairs of Anantnag Central Cooperative Bank Ltd. (ACCB) comprising of the following namely:
| | | |
| --- | --- | --- |
|
01
|
Commr/Secretary to Govt., Cooperative Department
|
Chairman
|
|
02
|
Representative of Chief General Manager, NABARD, Jammu
|
Member
|
|
03
|
Deputy Commissioner, Anantnag
|
Member
|
|
04
|
General Manager, ACCB
|
Member Secretary
|
The tenure of the Board of Management shall be for six months or till such time elections are held which ever is earlier.
Appointment of Board of Management for managing the affairs of Baramulah Central Cooperative Bank Ltd.
SRO 388, dated 26.12.2011, Cooperative Department
In exercise of the powers conferred by proviso to sub-section(4) of section 29 of the Jammu and Kashmir Co-operative Societies Act, 1989, and in supersession of all previous notifications/orders on the subject, the Government appoint the Board of Management for managing the affairs of Baramulah Central Cooperative Bank Ltd. comprising of the following namely:
| | | |
| --- | --- | --- |
|
01
|
Minister of State (IC) Cooperative
|
Chairman
|
|
02
|
Commissioner/Secretary to Government, Cooperative Department.
|
Member
|
|
03
|
Chief General Manager NABARD, Jammu
|
Member
|
|
04
|
Managing Director, State Cooperative Bank
|
Member Secretary
|
The tenure of the Board of Management shall be for six months or till such time elections are held whichever is earlier.
|
65ba07c5ab84c7eca86ea825 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Ayush Professional Courses) Rules 2008
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ANDHRA PRADESH
India
Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Ayush Professional Courses) Rules 2008
======================================================================================================================================================
Rule ANDHRA-PRADESH-UN-AIDED-NON-MINORITY-PROFESSIONAL-INSTITUTIONS-REGULATIONS-OF-ADMISSIONS-INTO-UNDER-GRADUATE-AYUSH-PROFESSIONAL-COURSES-RULES-2008 of 2008
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* Published on 25 April 2008
* Commenced on 25 April 2008
Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Ayush Professional Courses) Rules 2008
Published vide Notification No. G.O.Ms.No. 131, Health, Medical and Family Welfare (R.2), dated 25.4.2008
Last Updated 29th August, 2019
G.O.Ms.No. 131. - In exercise of powers conferred under Sections 3 and 15 of the A.P. Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 A.P. Act No. 5 of 1983) and in partial modification of G.O.Ms.No. 781, HM & FW Department, dated 21-9-2006 and G.O.Ms.No. 314, HM & FW Department, date 19-9-2007 the Governor of Andhra Pradesh hereby makes the following Rules for admission (inclusive of seat matrix) into Under Graduate Ayush (viz. Ayurvedic, Homoeopathy, Unani, Naturopathy, Yoga) in Un-aided Non-Minority Ayush Medical Institutions in the State: -
### 1. Short title applicability and commencement.
- (i) These rules may be called the Andhra Pradesh Un-aided Non-Minority Professional Institutions (Regulations of Admissions into Under Graduate Ayush Professional Courses) Rules 2008.
(ii) They shall apply to all Private Unaided Non-minority Professional Institutions imparting Under-Graduate Professional Courses in Ayush Medical Colleges for which admissions shall be made to the "Competent Authority Seats", "Eamcet ranking based Management Seats" and "Management Seats" in such manner as specified in these rules.
(iii) These rules shall come into force from the academic year 2008-2009.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires;
(i) "Act" means the Andhra Pradesh Educational Institutions (Regulation of Admission and Prohibition of Capitation Fee) Act, 1983 (A.P.Act No. 5 of 1983).
(ii) "Competent Authority" means the Vice Chancellor, Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada.
(iii) "Committee for admissions" means the Committee constituted by the Competent Authority to select and make allotment of candidates to Professional Institutions offering Ayush Courses in the State for admissions in accordance with the provisions laid down".
(iv) "Common Entrance Test" means, Eamcet and Common Entrance Test - Association of Colleges (GET-AC), means the examination conducted for assigning rank on merit to candidates which will be the basis for admission of the candidates into the first year of under-Graduate Courses concerned in various Un-aided Non-Minority Professional Institutions in the State.
(v) "Competent Authority Seats" means the seats earmarked from out of the sanctioned intake of seats in each course and in each College to be filled by the Committee for Admissions for constituted by the Competent Authority.
(vi) "Eamcet ranking based Management Seats" means the seats earmarked from out of the sanctioned intake of the seats in each course to be filled by the Committee for admissions constituted by the Competent Authority.
(vii) "Management Seats" means the seats earmarked from out of the sanctioned intake of seats in each course to be filled in the manner as prescribed in these rules towards Management quota.
(viii) "Inspecting Authority" means the Authority appointed by the Competent Authority for inspecting and scrutinizing the admissions of the candidates made in the Unaided Non-Minority Professional Institutions.
(ix) "Institutions" means, unless otherwise specifically mentioned, all the Un-aided Non-Minority Professional Colleges imparting Professional Education in Ayush Courses.
(x) "Local Area" means the territorial jurisdiction prescribed for identifying the local candidate.
(xi) "Local Candidate" means the candidate in relation to the local area as specified in Rule 9(B).
(xii) "Qualified candidate" in respect of seats to be filled by "Competent Authority" means the candidate who has appeared for the Common Entrance Test for admission into the related Professional Course and has been assigned ranking in the Common Merit List as per the Rule 5 of the Andhra Pradesh Common Entrance Test for entry into Engineering, Architecture, Pharmacy, Agriculture, Medical and Dental Courses Rules, 2004 issued in G.O.Ms.No. 16, Higher Education (EC) Department, dated 25-2-2004.
(xiii) "Qualified Candidate" in respect of Management seats shall be the candidate assigned ranking in Common Entrance Test conducted by the Association of Managements or assigned ranking in the merit list prepared by the college out of the applications received as the case may be who shall be eligible for admission in C-category seats.
(xiv) "Qualifying Examination" means the examination of the minimum qualification prescribed for passing of which entitles one to seek admission into the relevant Professional Course.
(2) Words and expressions used but not defined in these rules shall have the same meaning assigned to them in the Andhra Pradesh Education Institutions Regulation of Admission and Prohibition of Capitation Fee Act, 1983 (A.P.Act 5 of 1983) unless Otherwise defined by Government in Health, Medical and Family Welfare Department or by the Competent Authority.
### 3. Eligibility Criteria for Admission.
- Admission into various courses in different Professional Educational Institutions shall be governed by the rules of admission prescribed herein. The Eligibility criteria for admission into Ayush Courses shall be as mentioned below:
(a) Nationality and Domicile - The candidates should be Indian Nationals and should satisfy Local, Non-Local status requirement as laid down in the Andhra Pradesh Educational Institutions (Regulation of Admission) Order, 1974 as amended in G.O. (P) No. 646 Education (W) Department, dated 10-07-1979.
(b) The above clause (a) Nationality and Domicile is not applicable for the category-C seats filled by the Management.
(c) Age Limit - Candidates should have completed the age of seventeen years on or before 31st December of the year of admission.
(d) Educational Qualifications - The Candidates should pass two years intermediate examination (10 + 2 pattern) or equivalent examination with physics, Chemistry, Botany, Zoology and English individually and must have obtained a minimum of 50% marks taken together in Physics, Chemistry, Botany and Zoology at the qualifying examination. In respect of candidates belonging to Scheduled Caste and Scheduled Tribes and Backward Classes, the marks obtained shall be a minimum of 40% marks taken together in Physics, Chemistry, Botany and Zoology. In addition any other qualification shall also be required to be possessed by candidates, as stipulated by Dr. Ntruhs for statutory bodies concerned.
### 4. Allotment of seats.
- The seats to be allotted in each Private Un-aided Non-Minority Ayush Institutions under these rules, for admission of candidates shall be classified as:
Category-A Seats (50% of the sanctioned in take of the Seats) "Competent Authority Seats". - The seats shall be filled through counselling by the Committee for Admissions constituted by the Competent Authority as per merit from the candidates who are qualified at the common entrance test, Eamcet held by the State for that year and following the rules of reservation.
Category - B (20% of the sanctioned intake of the seats) - "Eamcet ranking based Management Seats". - The seats shall be filled through counselling by the Committee for Admissions constituted by the Competent Authority as per merit from the candidates who are qualified at the common entrance test, EAMCET held by the State for that year and following the rule of reservation by the A.P. Private Ayush Medical Colleges Management.
Category - C (30% of the sanctioned intake of the Seats) - "Managements Seats". - The seats shall be filled by the Managements of individual Colleges or Committee of Managements in the order of merit based on the applications received following a transparent procedure as specified in these rules.
### 5. Authority for Admissions.
- (i) Category - A Seats (Competent Authority Seats) (50%f the total Intake of the Seats) shall be filled by the Committee for Admissions constituted by the Competent Authority under these rules.
(ii) Category-B Seats (Eamcet Ranking based Management Seats) (20% of the total Intake of the Seats) shall be filled by the Committee for Admissions constituted by the Competent Authority under these rules which shall include a nominee of the A.P.Private Ayush Medical Colleges Managements.
(iii) Category-C (Managements Seats) (30°/of the Total Intake of the Seats) The seats shall be filled by the . Managements of individual Colleges or Committee of Managements under these rules.
### 6. Procedure for admissions.
- (A) To Fill Up Competent Authority Seats:
(Category-A-50% f the sanctioned intake of the seats)
(i) Committee for admissions shall be constituted by the Competent Authority under these rules.
(ii) The Competent Authority shall issue an advertisement calling for a single application in the prescribed form from the eligible qualified candidates who have been assigned' ranking in the Common Entrance Test, desirous of seeking admission in Government Professional Colleges and Private Colleges (Private Un-aided Non-Minority Colleges) in respect of seats to be filled by the Competent Authority.
(iii) The candidates who are qualified to seek admission as a consequence of obtaining rank in the Common Entrance Test and desirous of seeking admission into the Government/ Private Unaided Non-Minority professional institutions shall make application to the competent authority enclosing all the relevant documents including a copy of rank card issued. The application shall be acknowledged.
(iv) The Competent Authority shall scrutinize all the applications received from the candidates. After scrutiny, the competent authority shall prepare the following merit list namely: -
(a) Common Merit List: containing the names of all the candidates arranged in the order of merit ranking assigned to them in the Common Entrance Test.
(b) Category-wise Merit List: containing the names of the candidates belonging to the reserved categories arranged in the order of merit ranking assigned to them in the Common Entrance Test.
(c) In case of same rank being obtained by more than one candidate, the marks obtained in Physics, Chemistry, Botany and Zoology shall be reckoned.
(d) In case of a further tie, the older candidate shall be given the higher place in the merit list.
(v) Candidates shall be called for an interview in the order of merit for selection and allotment of course and institution:
(a) All the candidates called for interview shall submit the specified original documents along with one set of duly attested photocopies and the Committee for admissions shall be entitled to cause verification of all the documents produced by the candidates.
(b) As and when each candidate gets his turn for interview in the order of merit, choice of institutions and course shall be given to him, depending upon availability at the point of time with due regard to the eligibility of the candidate for a seat in a particular local area or for a particular reserved category.
(c) The selection of candidates and allotment of course/institutions in respect of the seats to be filled by "Competent Authority" in Government Professional Colleges, Private Unaided Non-Minority professional Colleges shall also be solely on the basis of merit as adjudged by the rank obtained in the Entrance Test subject to the condition that the candidate should have passed the qualifying examination with the minimum marks prescribed.
(d) Mere appearance at the Entrance Test and obtaining High rank in the merit list does not entitle a candidate to be considered for admission automatically into any course/Institution unless he/she also satisfies the rules and regulations of admission prescribed by the Dr. NTR University of Health Sciences/ Government including marks obtained in the qualifying examination etc.
(vi) The Committee for admissions shall select and allot candidates in respect of seats to be filled by the Competent Authority in the Unaided Private Non-Minority Professional Colleges.
(vii) Once a candidate secures admission to a particular college/Institution based on his/her option, no further claim for admission into other college/ Institution, to any other kind of seat or any ether course will be entertained, except as provided by the committee for admissions in the subsequent phase of counselling/ subsequent counselling if any.
(viii) The candidates selected for admission into unaided Private Non-minority Professional Colleges shall pay the prescribed fee in the form of demand draft drawn on any nationalized bank in favour of the Registrar, Dr. NTR University of Health Sciences payable at Vijayawada. If a candidate fails to pay the fee on the day of selection, the selection will be cancelled forthwith and it will be filled up by the next candidate in the merit list in the subsequent selections/ counselling.
(ix) The fee so collected shall be kept with the competent authority till the entire admissions process is completed. As soon as the admission process is completed, the fees so collected shall be transferred to the colleges concerned.
(x) candidates are considered for selection only for such categories for which they have claimed reservation in the application form and submitted supporting documents. Request for a change to any other category after submission of application shall not be considered.
(xi) The Selection shall be made only from among the candidates who physically present themselves when called in order of merit. Claims of the candidates shall not be considered if they are absent when called thrice at the time of selection and the next candidate in the merit would be called,
(xii) Resultant vacancies shall be open to all the candidates below the rank of candidates who have not joined the course and the candidates who were absent in the earlier selection. Resultant vacancies shall be filled by the candidates belonging to the same category of the seats as those who have not joined the course or vacated the seat.
(xiii) The selection committee shall have the power to cancel the selection or admission of the candidates at any stage if it is detected either during selection or before closure of admissions that the selection or admission is against the regulations.
(xiv) The Competent Authority/ Committee for admissions shall prepare the final list of candidates admitted, course wise and send the same to Dr. NTR University of Health Sciences.
(xv) The Competent Authority in consultation with Committee for admissions shall fix the cut off dates for each stage of admission contemplated above.
(B) To Fill Up Eamcet Ranking Based Management Seats: (Category-B 20°/®f the sanctioned in take of the seats)
(i) Category-B Seats shall be filled by the Committee for admissions constituted by the Competent Authority under these Rules based on the merit obtained in EAMCET and following the Rules of Reservation.
(ii) The Committee for admissions shall complete the process of admissions within the time frame following such procedure as prescribed, for making admissions into the Category-B seas of all the Private Ayush Colleges.
(iii) The Committee for admissions shall complete the admission process within the stipulated date as notified by the Dr. NTR University of Health Sciences.
(iv) The Competent Authority shall issue a notification in two leading news papers calling for a single common application form for admission into the above seats in all the Colleges, informing the dates and venue of the counselling.
(v) The Competent Authority shall fix a reasonable fee as cost of the application form.
(vi) The application forms shall be on sale in person and by post at the Office of Dr. NTR University of Health Sciences, Vijayawada and at Dr. NTR UHS camp office, Hyderabad, and such places as notified by the Competent Authority.
(vii) The Competent Authority will also issue the guidelines for selection and allotment of candidates against the above seats basing upon the rules as applicable herein and indicating the prescribed fee and other rules.
(viii) The Competent Authority shall pool up the above seats in all the Colleges and shall prepare the seat matrix separately for each region by following the Rules of Reservation.
The Admissions shall be made in the following manner:-
(a) The Competent Authority shall scrutinize the application forms received and shall prepare a common merit list based on the seat matrix prepared by them.
(b) The Competent Authority shall scrutinize all the applications received from the candidates. After scrutiny, the Competent Authority shall prepare the following merit lists namely:-
(i) Common merit list containing the names of the candidates arranged in the order of merit ranking assigned to them in the common entrance test.
(ii) Category wise merit list: containing the names of the candidates belonging to the reserved categories arranged in the order of merit ranking assigned to them in the common entrance test.
(iii) In case of same rank being obtained by more than one candidate, the marks obtained in Physics, Chemistry, Botany and Zoology shall be reckoned.
(iv) In case of a further tie, the older candidate shall be given the higher place in the merit list.
(c) The candidates shall attend the counselling with all their original certificates.
(d) The Competent Authority shall select the candidates in the counselling by calling for candidates based on EAMCET ranking and as per the seat matrix approved by the Competent Authority.
(c) The Competent Authority shall send a copy of the merit list and list of candidates selected into respective Colleges to the Managements of respective Colleges for information.
(f) The candidates selected for admission into Government Professional Colleges, Un-aided Private Non-Minority Professional Colleges shall pay the prescribed fee in the form of demand draft drawn on any Nationalized Bank in favour of the Registrar, Dr. NTR University of Health Sciences, payable at Vijayawada. If a candidate falls to be the fee on the day of selection, the selection will be cancelled forthwith and it will be filled up in the subsequent selections by Counselling as per the prescribed procedure.
(g) The fee so collected in the form as mentioned above shall be kept with the Competent Authority till the entire admission process is completed. As soon as the admission process is completed, the fees so collected shall be transferred to the Colleges concerned.
(h) If a candidate after the final selection fails to report to the Principal of the respective. College, on or before the stipulated time and/or if the Committee of Non-Minority Managements fails to fill up the seats under category-B, the unfilled seats shall be treated as vacant and the vacant seats shall be filled up by the Competent Authority by following the EAMCET merit ranking and Rules of Reservation as applicable.
(i) The above rules shall be followed scrupulously. Any violation of the Rules shall entail cancellation of admissions of the candidates concerned and conduct of admissions afresh following the procedure etc.
(C) To Fill Up Management Seats. - (C-category-30% of the sanctioned intake of the seats)
"Management Seats" - The seats shall be filled by the individual College Managements/Committee of Managements in the order of merit in a transparent manner by following the procedure as detailed below: -
(1) Individual College management shall give a notification in a leading newspaper inviting the prospective candidates to approach the college office for the applications for the said course.
(2) The College office shall invariably issue applications to all the candidates who request for applications.
(3) The filled in applications along with the necessary certificates shall be submitted by the candidates to the College office within the prescribed time period fixed by the College office.
(4) The College shall invariably issue a receipt of the application received.
(5) The College shall scrutinize all the applications received in respect of the eligibility in Biology, Physics and Chemistry subjects in 10 + 2 Course and other eligibility as specified by Dr. NTRUHS or statutory bodies concerned.
(6) The College shall prepare a merit list of all the candidates who have applied to the College based on the marks obtained in the three subjects mentioned in instruction (5) above.
(7) The merit list prepared by the College shall be sent to the Dr. NTR University of Health Sciences for scrutiny and approval.
(8) Dr. NTR University of Health Sciences shall verify the merit list and accord approval.
(9) The merit list approved by Dr. NTR University of Health Sciences containing the names of the applicants and the marks obtained by them shall be prominently displayed on the notice board of the college.
(10) Admissions shall be made by the College only on the basis of the merit list approved by the Dr. NTR University of Health Sciences".
### 7. Exercise of option.
- Procedure laid down under 6(A) (vii) shall be followed.
### 8. Cut off date for admission.
- The Competent Authority, shall close the admission process on such date as notifies by the Competent Authority i.e., Dr. NTR University of Health Sciences.
### 9. Rules of Reservation for Admission.
- Seats shall be reserved for the following categories in admissions to professional courses.
(1) Region - wise reservation of seats - (a) Admission to 85% of the "Competent Authority Seats" in each course shall be reserved for the local candidates and the remaining 15% of the "Competent Authority Seats" shall be unreserved seats as specified in the Andhra Pradesh Educational Institutions (Regulations and Admissions) Order, 1974 as subsequently amended.
(b) In respect of State wide Institutions, admission into 85% of seats in each course shall be reserved for the candidates belonging to three local areas in the State specified in this sub-rule namely, Andhra University Area (Andhra), Osmania University Area (Telangana) and Sri Venkateswara University area (Rayalaseema) in the ration of 42:36:22 respectively and the balance of 15% seats shall be unreserved seats:
Explanations for purpose of these Rules - (A) "The Local Areas" means:
(a) The part of the State comprising the Districts of Adilabad, Hyderabad (Including Twin Cities) Rangareddy, Karimnagar, Khammam, Medak, Mahaboobnagar, Nalgonda, Nizamabad and Warangal shall be regarded as the Osmania Unviersity Local Area (Teleganga).
(b) The part of the State comprising the Districts of Srikakulam, Vizianagaram, Vishakhapatnam, East Godavari, West Godavari, Krishna, Guntur and Prakasam shall be regarded as the Andhra University Local Area (Andhra ).
(c) The part of the State comprising the Districts of Ananthapur, Kurnool, Chittoor, Cuddapah and Nellore shall be regarded as the Sri Venkateswara Unviersity Local Area (Rayalaseema).
(B) "The Local Candidate": A candidate for admission shall be regarded as a local candidates in relation to a local area.
(a) If he has studied in educational Institutions in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or as the case may be, first appeared in the relevant qualifying examination.
OR
(b) Where, during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination, he has not studied in any Educational Institutions, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the relevant qualifying examination which he appeared or as the case may be first appeared.
(C) A Candidate for admission to the course who is not regarded as local candidate under clause (A) in relation to any local area shall :-
(i) If he has studied in Educational Institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination be regarded as a local candidate in relation to:
(a) Such local area where he/she has studied for the maximum period our of the said period of seven years;
OR
(b) Where the period of his/her study in two or more local areas are equal, such local area, where he /she has studied last in such equal period.
OR
(ii) If, during the whole or any part of seven consecutive academic years ending with the academic year in which he/she appeared or as the case may be first appeared for the relevant qualifying examination he/she has not studied in the Educational Institutions in any local area but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to:
(a) Such local area where he/she has resided for the maximum period out of the said period of seven years.
OR
(b) Where the periods of his/her residence in two or more local areas are equal, such local areas where he/she has resided last in such equal periods.
(D) The following categories of candidates are eligible to apply for admission to the remaining 15% of un-reserved seats:
(a) All the candidates eligible to be declared as local candidates.
(b) Candidates who have resided in the State for a total period of 10 years excluding periods of study outside the State or either of whose parents have resided in the State for a total period of ten years excluding period of employment outside the State.
(c) Candidates who are the children of the parents who are in employment of the State or Central Government, Public Sector Corporations, Local Bodies, Universities and Educational Institutions other similar quasi Public Institutions within the State.
(d) Candidates who are spouses of those in the employment of the State or Central Government, Public Sector Corporations, Local Bodies, Universities and Educational Institutions recognized by the Government or University or other Competent Authority and similar quasi Government Institutions within the State.
(E) If a local candidate in respect of a local area is not available to fill any seat reserved or allocated in favour of a local candidate in respect of that local area, such seat shall be filled as if it has been un-reserved, in the orders of ranking assigned in the Common Merit List.
Note. - For details, see the Andhra Pradesh Educational Institutions (Regulations of Admission) Order, 1974 as subsequently amended in G.O.(P) No. 646 Education (W) Department, dated 10-07-1979.
(2) Reservation of seats for SC/ST/ BC Communities - (a) 15% of seats in each course shall be reserved for the candidates belonging to Schedule Caste.
(b) 6% of the seats in each course shall be reserved for the candidates belonging to Scheduled Tribes.
The seats reserved for Scheduled Tribes shall be made available to Scheduled Castes and Vice-Versa, if qualified candidates are not available in the category. It qualified candidates belong to Scheduled Castes and Scheduled Tribes communities are not available, the left over seats reserved for them shall be treated as open competition seats and shall be filled by the candidates of General pool.
(c) 25% seats in each course shall be reserved for the candidates belonging to the Backward Classes and shall be allocated among the four groups of Backward Classes as shown below:-
| | | |
| --- | --- | --- |
|
Group 'A'
|
..
|
7%
|
|
Group 'B'
|
..
|
10%
|
|
Group 'C'
|
..
|
1%
|
|
Group 'D'
|
..
|
7%
|
If qualified candidates belonging to Backward Classes of a particular group are not available, the left over seats can be adjusted for the candidates of next group. If qualified candidates belonging to Backward Classes are not available to fill up the 25% seats reserved for them, the left over seats shall be treated as open competition seats and shall be filled up with candidates of General Pool.
(d) No candidate seeking reservation for admission under the above categories be allowed to participate in the Counselling for admission unless he produces the Integrated Community Certificate prescribed by the Government and issued by the Revenue Authorities in the Government (Vide G.O.Ms.No. 58, Social Welfare (J) Department, dated 12-05-1997).
(3) Reservation for Special Categories:
(a) Seats shall be reserved in each course for the following categories, to the extent indicated against them:
(i) Physically Handicapped...3% (\*)
(ii) National Cadet Corps...1 /4% (0.25%)
(iii) Games and Sports...Va% (0.50%)
(\*) Note. - 3% Reservation provided to Physically Handicapped with the locomotary disorders and that too with disability of lower limbs between 50% to 70%, as per the instructions of Govt, of India Lr.F.No. U. 12021/8/2002-MEC/ME.II1, dated 12-05-2004 under Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
(iv) 1% for the Children of Ex-servicemen and serving service personnel of the three wings of the Defence Services i.e., Army, Navy and Airforce, subject to the condition that the Ex-service men etc., are residing for a minimum of five years in Andhra Pradesh, provided that if suitable candidates are not available equivalent to fulfil the above reservation, the condition of five year minimum period of residence shall not be insisted upon.
(b) The priorities in respect of the categories mentioned in item (a) above as declared by the Government vide G.O.Ms.No. 254, HM&FW (El) Department, dated 28-04-1993 and subsequent amendments there to from time to time.
Note. - The candidates claiming reservation benefits under the above categories shall produce original documents in support of their claim to the Committee for Admissions and he shall be entitled to refer the original documents of the candidates claiming reservation for scrutiny and confirmation to the following authorities:
| | | |
| --- | --- | --- |
|
(i) NCC
|
..
|
To the Director of NCC, Andhra Pradesh
|
|
(ii) Sports and Games
|
..
|
To the Vice-Chairman and Managing Director,
Sports Authority of Andhra Pradesh (SAAP) |
|
(iii) Physically Handicapped
|
..
|
To the Medical Board Constituted by the
Competent Authority.
|
|
(iv) CAP
|
..
|
To the Director, Sainik Welfare department,
Andhra Pradesh.
|
(4) Reservation of seats for women - 33/1/3% of seats are guaranteed for in each Category. This regulation of guarantee shall not be applicable if women candidates are selected on merit in each category from 33/1/3% or more of the seats therein. When the number of women candidates falls short of this percentage, it shall be made up by replacing the last selected male candidate by women candidate in that category.
### 10. Fees for Private Un-aided Non-Minority Ayush Colleges.
- Orders will be issued separately, based on the recommendations of the Admission and Fee Regulatory Committee (AFRC) constituted for the purpose.
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65b96193ab84c7eca86e8fb2 | acts |
State of Bihar - Act
----------------------
The Bihar District Boards and Local Boards (Control and Management) Act, 1958
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BIHAR
India
The Bihar District Boards and Local Boards (Control and Management) Act, 1958
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Act 20 of 1958
----------------
* Published on 21 November 1958
* Commenced on 21 November 1958
The Bihar District Boards and Local Boards (Control and Management) Act, 1958
Bihar Act
20 of 1958
For Statement of Objects and Reasons, "see" the "Bihar Gazette", Extraordinary, of the 21st November, 1958.
[Governor's assent first published in the Bihar Gazette, Extraordinary, of the 19th December, 1958]
An Act to take over Control and Management of District Boards and Local Boards in the State of Bihar.
Be it enacted by the Legislature of the State of Bihar in the Ninth Year of the Republic of India as follows :-
### 1. Short title.
- This act may be called the Bihar District Boards and Local Boards (Control and Management) Act, 1958.
### 2. Vacation of office by members of District Boards and Local Boards.
(1) Notwithstanding anything contained in the Bihar and Orissa Local Self-Government Act, of 1885 (Bengal Act III of 1885) (hereinafter referred to as the said Act), or the Rules made thereunder, the State Government may, by an order notified in the Official Gazette, direct that the members including the Chairman and the Vice-Chairman of any District Board or Local Board in the State of Bihar as constituted under the said Act, shall, with effect from a date to be specified in such order, vacate their respective offices and their offices shall be deemed to be vacant from that date.
(2) [ When an order under sub-section (1) has been made the powers, functions and duties conferred or imposed by or under the said Act or any other Act or rules made thereunder on the district Board or Local Board or on the Chairman, Vice-Chairman, any officer or Committee, as the case may be, shall, for a period [not exceeding five years] be exercised and performed up to the 31st March, 1968 by such persons as the State Government may, from time to time, appoint in this behalf.]
[Substituted by section 2 of Bihar Act XVI of 1966, dated 30.11.1966.]
### 3. Repeal and saving.
(1) The Bihar District Boards and Local Boards (Control and Management) Ordinance, 1958 (Bihar Ordinance No. VI of 1958), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken, in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action taken.
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65b9a56eab84c7eca86e988c | acts |
State of Haryana - Act
------------------------
Haryana Urban Development (Disposal of Land & Buildings) Regulations, 1978
----------------------------------------------------------------------------
HARYANA
India
Haryana Urban Development (Disposal of Land & Buildings) Regulations, 1978
============================================================================
Rule HARYANA-URBAN-DEVELOPMENT-DISPOSAL-OF-LAND-BUILDINGS-REGULATIONS-1978 of 1978
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* Published on 27 June 1978
* Commenced on 27 June 1978
Haryana Urban Development (Disposal of Land & Buildings) Regulations, 1978
Published vide Haryana Government Notification No. Authority-A- 13/10084, dated 27.6.1978
No. Authority-A-13/10084. - In exercise of powers conferred by section 54 of the Haryana Urban Development Authority Act, 1977 (Haryana Act
No. 13 of 1977
) and all other powers enabling it in this behalf, the Haryana Urban Development Authority, with the previous approval of the Government of Haryana conveyed, - vide their Memo No. 1170-2TCP-14(2) 78, dated 29th May, 1978, hereby makes the following regulations, namely :-
### 1. Short title and commencement.
- These regulations may be called the Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978.
### 2. Definitions.
- In these regulations unless the context otherwise requires :-
(a) "Act" means the Haryana Urban Development Authority Act, 1977.
(b) "Additional Price" and "Additional Premium" means such sum of money as may be determined by the Chief Administrator in respect of the sale or lease of land or building by allotment, which may become payable by the transferee or lease with respect to land or building sold or leased to him in a sector on account of the enhancement of compensation of any land or building in the same sector by the court on a reference made under section 18 of the Land Acquisition Act, 1894, and the amount of cost incurred in respect of such reference.
Explanation. - For the purpose of this Regulation, the expression "the Court' means the court as defined in clause (d) of section 3 of the Land Acquisition Act, 1894, and where an appeal is filed, the "Appellate Court."
(bb) [ "Non-nuisance professional consultancy" means an activity carried on by an individual by his personal skill and intelligence and includes :-
[Inserted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
(a) Doctors (without Nursing Home);
(b) Lawyers;
(c) Tax Consultants;
(d) Architects (without studio);
(e) Contractor Consultants;
(f) Chartered Accountant/Company Secretaries;
(g) Property consultants;
(h) Tourist Guides;]
(c) "Obnoxious trade" shall be deemed to be carried on a land or in a building (erected on land allotted by the Authority) if the land or building is used for any of the following purposes :
(i) melting tallow, dressing raw hides, boiling bones, offal or blood;
(ii) as a soap house, oil boiling house, dyeing house or tannery;
(iii as a brick-field, brick-kiln, charcoal-kiln, pottery or lime- kiln or for stone crushing;
(v) as any manufactory, engine house, Store house or place of business from which offensive or unwholesome smells, gases, noises or smoke arise;
(vi) as a yard or depot for trade in unslaked lime, hay straw thatching grass, wood, charcoal or coal, or other dangerously inflammable material;
(vii) as a store house for any explosive or for petroleum or any inflammable oil or spirit;
(d) "Premium" means the amount paid or promised for the transfer of a right to enjoy land on lease-hold basis under these regulations;
(e) "Price" means the amount paid or promised for the transfer of immovable property on free-hold basis;
(f) "Schedule" means a schedule annexed to these regulations;
(g) "Section" means section of the Act;
(h) "Sector" means an area of land which forms the unit for purposes of fixation of sale price/premium.
(i) "Tentative price" or "tentative premium" means such price/premium as may be determined by the Authority in terms of Regulation 4 for disposal by allotment in which the cost of land included is based on the compensation awarded by the Collector under the Land Acquisition Act, but does not include any enhancement that may be awarded by the court on a reference made under sender 18 of Land Acquisition Act, 1894.
"Explanation". - For the purpose of this Regulation, the expression "the Court" means the court as defined in clause (d) of section 3 of the Land Acquisition Act, 1894 and where an appeal is filed, the "appellate Court".
### 3. Mode of disposal.
- Subject to any direction issued by the State Government under the Act and to the provisions of sub-section (5) of section 15 of the Act :-
(a) the Authority may dispose of any land belonging to it in developed or an undeveloped form;
(b) any land or building of the Authority may be disposed of by Authority by way of sale or lease or exchange or by the creation of any easement right or privilege or otherwise;
(c) the Authority may dispose of its land or building by way of sale or lease either by allotment or by auction, which may be by open bid or by inviting tenders.
Sale or Lease of Land/building by Allotment
### 4. Fixation of tentative price/premium.
(1) The tentative price/premium for the disposal of land or building by the Authority shall be such as may be determined by the authority taking into consideration the cost of land, estimated cost of development, cost of buildings and other direct and indirect charges, as may be determined by the Authority from time to time.
(2) An extra 10% and 20% of the price/premium shall be payable for "preferential" and "Special preferential" plots respectively.
### 5. Procedure in case of sale or lease of land or building by allotment.
(1) In the case of sale or lease of residential and industrial land or building by allotment the intending purchaser shall make an application to the Estate Officer concerned in the prescribed form (annexed to these regulation) as given in Forms 'A' and 'B' respectively.
(2) No application under sub-regulation (1) shall be valid unless it is accompanied by such amount as may be determined by the Authority, which shall not be less than ten per cent of the price/premium in the form of a demand draft payable to the Estate Officer, and drawn on any scheduled bank situated at the local place of the Estate Officer concerned or any other such place as the Estate Officer may specify.
(3) In the case of residential plot/building when the application has been so tendered, the Estate Officer or such other officer as may be empowered, shall subject to such directions as may be issued by the Authority in this behalf consider the applicant for allotment of a plot or building of the size applied for. The allotment may be on 'first come first served' basis or by draw of lots, as may be determined by the Authority and the successful applicant shall be sent allotment letter, in Form 'C' or 'CI' by registered post; provided that for the purpose of proper planning and development of an urban estate, land or building may be reserved for groups or individuals or for persons practicing any profession or carrying on any occupation, trade or business or for such other category of persons, Government Departments and Institutions, charitable institutions and other organisations of public welfare, as may be decided by the Authority from time to time.
(4) In the case of industrial land or building, allotment shall be made in accordance with the recommendations of the Directorate of Industries as to the genuineness of the party, priority of the industry, the area required for the industry etc.
(5) The applicant to whom the land/building has been allotted shall communicate his acceptance or refusal in writing within 30 days of the date of allotment, by registered post to the Estate Officer. In case of acceptance, the letter shall be accompanied by such amount as intimated to him in the allotment letter. In case of refusal, he shall be entitled to the refund of the money tendered with the application. In case he fails to either accept or refuse within the stipulated period, allotment shall be deemed to be cancelled and the deposit made under sub-regulation (2) may be forfeited to the Authority and the applicant shall have no claim for damages.
(6) The payment of balance of the price/premium shall be made, in the manner as may be communicated, either in lump sum or in such number of annual or half yearly equal instalments not exceeding ten, as may be decided by the Authority from time to time. The amount of first instalment shall be payable within one year or six months from the date of allotment and the subsequent instalments shall similarly accrue every yearly/half yearly on the due date, as the case may be.
(7) Each instalment would be recoverable together with interest on the balance price/premium, at the rate as may be decided by the Authority at the time of allotment. The interest shall, however, accrue from the date of offer of possession of land/building. No interest shall be payable if the whole of the balance price/premium is paid in full, within sixty days of the offer of possession. If at any time the transferee opts to make the balance payment in full, he shall be entitled to do so and interest shall be charged on the balance amount only for the period from the date the last instalment was due to the date he makes full payment.
(7A)
[ The payment of instalment(s) on due date is mandatory. In case the payment of instalment(s) is not made on due date, interest at the rate as may be decided by the Authority from time to time shall be chargeable on the delayed payment of instalment(s) irrespective of the fact whether the possession has been offered or not.]
[Added by Haryana Government Gaz. No. 2004/36129 dated 29.11.2004.]
Sale/Lease of Land/building by Auction
### 6. Sale of lease of land or building by auction.
(1) In the case of sale or lease by auction, the price/premium to be charged shall be such reserve price/premium as may be determined taking into consideration the various factors as indicated in sub-regulation (1) of Regulation 4 or any higher amount determined as a result of bidding in open auction.
(2) 10 per cent of the highest bid shall be paid on the spot by the highest bidder in cash or by means of a demand draft in the manner specified in sub- regulation (2) of Regulation 5. The successful bidder shall be issued allotment letter in Form 'CC' or 'C-II' by registered post and another 15 per cent of the bid accepted shall be payable by the successful bidder, in the manner indicated, within thirty days of the date of allotment letter conveying acceptance of the bid by the Chief Administrator; failing which the 10 per cent amount already deposited shall stand forfeited to the Authority and the successful bidder shall have no claim to the land or building auctioned.
(3) The payment of balance of the price/premium, rate of interest chargeable and the recovery of interest shall be in the same manner as provided in sub- regulations (6) and (7) of Regulation 5.
(4) The general terms and conditions of the auction shall be such as may be framed by the Chief Administrator from time to time and announced to the public before auction on the spot.
Commencement and Period of Lease
### 7. Commencement and period of lease.
- The lease shall commence from the date of allotment or auction, as the case may be, and shall be for a period of 99 years. The lease may be renewed for such further period and on such terms and conditions as the Authority may decide.
### 8. Payment of ground rent and consequence of non-payment.
- In the case of disposal of land/building on lease hold-basis, in addition to the premium, in respect of land, the lessee shall pay ground rent as under :-
(i) Annual ground rent shall be 2-1/2% of the premium for the first 33 years which may be enhanced by the Authority of 3- 3/4% of the premium for the next 33 years and to 5% of the premium for the remaining period of lease :
Provided that in the case of lease of land/building for educational and charitable purposes, the authority may fix a lower rate of ground rent:
Provided further that in the case of disposal of building, ground rent shall be charged on the premium on land alone and for purposes of calculating the premium on land the cost of construction on super-structure shall be reduced from the tentative premium of building determined under sub-regulation (1) of Regulation 4 and sub-regulation (1) of Regulation 6, as the case may be. The decision of the Chief Administrator shall, however, be final in this behalf.
(ii) Ground rent shall be payable annually on the due date without any demand from the Estate Officer :
Provided that the Estate Officer may for good and sufficient reasons extend the time for payment of ground rent up to 3 months on payment of interest on such rate as may be decided by the Authority from the due date up to the date of actual payment.
### 9. Deposit of unearned increase with the Authority.
- In the case of transfer of land/building disposed of on lease-hold basis, 50% of the unearned increase in the value of land, i.e., the difference between the premium and market value of the land building at the time of transfer shall be paid to the Authority before registering such sale or transfer. The market value of the property for this purpose shall be assessed by the Estate Officer or such other officers as may be authorised by the Chief Administrator. The lessee shall be entitled to produce evidence and to being heard.
### 10. Liability to pay additional price/premium.
(1) In the case of sale/lease of land/building by allotment the transferee or lessee shall be liable to pay to the Authority, in addition to the tentative price/premium, the additional price/premium, if any, determined in respect thereto under these regulations
(2) The additional price/premium shall be payable by the transferee or lessee within a period of thirty days of the date of demand made in this behalf by the Estate Officer without interest or in such number of instalments with interest as may be determined by the Chief Administrator.
### 11. Failure to pay any instalment of premium, ground rent, unearned increase or any other dues.
- If any instalment of premium, ground rent, unearned increase or any other dues in respect of any lease of any land/building or both is not paid within 30 days from the date it falls due, the Estate Officer shall proceed against him in accordance with the provisions of Section 16 of the Act.
### 12. Failure to pay price or any instalment thereof.
- In case the price or any instalment thereof is not paid by the transferee within 30 days from the date it falls due, the Estate Officer shall proceed against such transferee in accordance with the provisions of section 17 of the Act.
### 13. Delivery of possession.
- The possession of the land shall be delivered to the transferee or lessee as soon as the [basic amenities within the area]
[Substituted for the word 'development works in the area' by Haryana Government Gaz. No. 2004/25663 dated 19.7.2004.]
where the land is situated are completed :
Provided that in the case of sale/lease of undeveloped land/building, possession thereof shall be delivered within 90 days of the date of allotment.
### 14. Surrender of land by the transferee or lessee.
- If a transferee/lessee is unable to raise construction on the land disposed of to him due to certain compelling circumstances the Estate Officer may allow to surrender the land at his discretion, subject to the policy guidelines laid down by the Chief Administrator from time to time. In the case of acceptance of surrender, the interest amount recovered from the transferee/lessee shall not in any case be refunded.
### 15. Transfer of rights in the land/building by the transferee or lessee.
- The transferee or lessee shall not transfer his right in the land/building except with the previous permission of the Estate Officer. The Estate Officer while granting such permission may impose such conditions, as may be decided by the Chief Administrator, from time to time.
### 16. Use of land/building.
- The transferee or lessee shall not use the land/building for a purpose other than that for which it has been disposed of to him;
[Provided that the transferee or lessee of a land/building can use 25% of the built-up covered area of the building or 50 square meter, whichever is less, for rendering non-nuisance professional consultancy services with the prior permission of Chief Administrator on payment of fee which shall be as under:
Total Fee
| | | |
| --- | --- | --- |
|
1.
|
For Panchkula, Gurgaon and Faridabad Urban
Estates
|
.. Rs. 0.50 lacs
|
|
2.
|
For Hissar, Rohtak, Bhiwani, Bhadurgarh,
Sonepat, Rewari, Karnal, Panipat, Ambala, Kurukshetra,
Yamunagar/Jagadhri Urban Estate
|
.. Rs. 0.30 lacs
|
|
3.
|
For Hansi, Shahbad, Kaithal, Sirsa, Jind,
Naraingarh and Dharuhera Urban Estates
|
.. Rs. 0.20 lacs
|
The permission will be given initially for a period of 5 years on payment of prescribed fee. The fee shall be recovered at 10% with application, 40% at the time of grant of permission and balance 50% after one year from the date of permission failing which the permission shall stand cancelled. However 10% rebate shall be given if payment is made in lump sum. The permission shall be renewed after a period of five years on the payment of renewal fee, equal to 10% of total fee which will be recovered in lump sum at the time of renewal.]
[Added by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
### 16A. [ Application to be made for rendering non-nuisance professional consultancy services.
[Regulations 16-A & 16-B inserted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
- A person seeking permission from Estate Officer, Haryana Urban Development Authority concerned for rendering non- nuisance professional consultancy services in land/building disposed of for residential purposes, should apply in Form 'H' to the Estate Officer, Haryana Urban Development Authority concerned.
### 16B. Permission for rendering non-nuisance professional services.
- The Estate Officer, Haryana Urban Development Authority concerned on considering the application within a period of 30 days subject to fulfillment of requirements may grant permission to the applicant in Form "I"].
### 17. Time within which building is to be erected.
- The transferee or lessee, shall complete the building within a period of two years from the date of offer of possession of the land, in accordance with the regulations regulating the erection of building:
Provided that the time limit may be extended by the Estate Officer if he is satisfied that the failure to complete the building was due to causes beyond the control of the transferee or lessee.
### 18. Fragmentation.
- No fragmentation of any land or building shall be permitted.
### 19. Prohibition of obnoxious trade.
- No obnoxious trade shall be carried out in or on any land/building.
### 20. Conveyance or lease deed.
- [(i) On payment of full amount of the price of land/building, the transferee shall execute a deed of conveyance in the Forms 'D' and 'E' respectively, annexed to these regulations, as the case may be, in such manner, as may be directed in this behalf from time to time.]
[Substituted by Haryana Government Gazette (Extra.) dated 8.3.2000 at Page 464.]
(ii) The lessee shall execute deed of lease in Forms 'F' and 'G' respectively annexed to these regulations as the case may be, in such manner, as may be directed in this behalf from time to time, within six months of the [payment of full premium]
[Substituted by Notification dated 17.10.1979 Haryana Government Gazette (Extra.) at Page 1810.]
.
### 21. Payment of documental charges.
- The transferee or lessee, as the case may be, shall bear and pay all expenses or documental charges in respect of execution of deed of conveyance or lease, including the stamp duty and registration fee payable therefor.
### 22. Power of relaxation.
- The Authority may relax any of the provisions of the Regulation with prior permission of the State Government except insofor as such relaxation is not inconsistent with the provisions of the Act.
Form A
[See Regulation 5(1) ]
Application for Allotment by Sale or Lease of a Residential Site/building(s) in he Urban Area of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
To
The Estate Officer,
Haryana Urban Development Authority.
Dear Sir,
I/We \_\_\_\_\_\_\_\_\_\_\_\_\_ request that I/we may be allotted a residential building site(s) /Building(s) as stated below in the Urban area of
| | | | |
| --- | --- | --- | --- |
|
Sector/Block
|
Size of site
|
Number of sites(s) or Building(s)
|
Sl. No. of site(s) or Building(s) in the order
of preference in case the allotment is to be made on 'first come
first served' basis
|
|
|
|
|
|
### 2. Enclosed is a Demand Draft No. \_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_ for an amount of Rs. \_\_\_\_\_\_\_\_\_\_ which is equivalent to \_\_\_\_\_\_\_\_\_\_ % of the tentative price/premium for the site(s) /Building(s) detailed in para 1 above as earnest money payable to the Estate Officer \_\_\_\_\_\_\_\_ and drawn on \_\_\_\_\_\_\_\_\_\_ Bank at \_\_\_\_\_\_\_\_. ###
3. If the site(s) /Building(s) or my/our preference as indicated in para 1 above is/are not available, I/We would like to :
(a) get the earnest money; or
(b) get any other site(s)/Building(s) in the Sector applied for : failing which I would like to have the amount/earnest money back.
### 4. I/We agree to conform and abide by the terms and conditions as contained in the Haryana Urban Development Authority Act, 1977 and in the Rules and Regulations applicable thereunder. Yours faithfully,
Dated \_\_\_\_\_\_\_\_\_ Signature
The 19 \_\_\_\_\_\_\_ Name \_\_\_\_\_\_\_\_\_\_\_\_\_
Address \_\_\_\_\_\_\_\_\_\_\_\_
\*Strike out what is not applicable
Note :- No interest shall be payable on the money of the applicant for the period for which the same is lying with the Authority.
(2) The address given in the application should be compete.
Any change in the address should be notified to the Estate Officer by registered A.D. Letter.
Form B
[See Regulation 5(1) ]
Application for Allotment by Sale or Lease of an Industrial Site(s) /building(s) in the Urban Area of \_\_\_\_\_\_\_\_\_\_\_\_\_
To
The Estate Officer,
Haryana Urban Development Authority,
Dear Sir
I/We, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on behalf of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ which is a sole Proprietorship/Partnership firm/Private Limited Company/Public Limited Company (or any other status to be clearly indicated. An authenticated copy of the certificate of registration and the resolution of the Board authorizing the applicant(s) to apply on behalf of Company to be attached) request that I/We may be allotted industrial site(s) Building(s) for setting up an industry, detail of which are given below:-
### 1. My/Our preference is for site(s) /building(s) as mentioned below :- | | | |
| --- | --- | --- |
|
Sector/Block
|
Size of site in Hectares ordescription of
building
|
Serial No. of site (s) /building(s)
|
|
|
|
|
### 2. Enclosed herewith is the Demand Draft No. \_\_\_\_\_\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_ for an amount of Rs. \_\_\_\_\_\_\_\_\_\_ which is equivalent to \_\_\_\_\_\_ % of the tentative price/premium of the site(s) /Building(s) detailed in para 1 above as earnest money payable to the Estate Officer \_\_\_\_\_\_ and drawn on \_\_\_\_\_\_\_ Bank at \_\_\_\_\_\_\_\_. ###
3. (i) Type of industry to be stated
(ii) Whether licence necessary under Industrial Development and Regulation Act, has been obtained and if not, steps taken to secure the license be stated.
If already secured, a copy of the licence be attached
(b) In case of a Small Scale Industry whether registered with the D.I. (a copy of the registration certificate of be attached
(c) (i)
Estimated cost of the project and how to be met
(ii) Whether foreign exchange is involved, if so, arrangements made to secure it
(d) If capital has to be raised in market steps taken to secure it.
(Permission of Controller of Capital issues for raising capital to be attached, if available)
(e) Time to be taken for completion of the project
(f) Details of staff to be employed
(i) Managerial Staff \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(ii) Technical Staff \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(iii) Ministerial and labour personnel \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(g) Copy of the proposed layout of the site indicating broadly the covered area under various Units of factory . \_\_\_\_\_\_\_\_\_\_\_\_\_.
(h) Is any foreign collaboration visualized, and if so, steps taken to secure it . \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(i) Phased requirements of electric power \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 4. I/We agree to conform to and abide by the terms and conditions as contained in the Haryana Urban Development Authority Act, 1977 and in the rules and regulations applicable thereunder. Dated \_\_\_\_\_\_\_\_\_\_\_
Yours faithfully,
The \_\_\_\_\_\_\_\_\_\_\_\_\_
Signature(s) \_\_\_\_\_\_\_\_\_\_\_\_\_
Name(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Address(es) \_\_\_\_\_\_\_\_\_\_\_\_\_\_
Note :- (1) No interest shall be payable on the money of the applicant for the period for which the same is held by or lying with the Authority.
(2) The address given in the application should be complete. Any change in the address should be notified to the Estate Officer by registered A.D. post.
(3) Strike out whatever is not applicable.
Registered
Form C
[See Regulation 5(3) ]
(Form of allotment letter, for allotment made on free-hold basis. To be used for residential/industrial/commercial plots/buildings disposed or by allotment only.)
From
The Estate Officer,
Haryana Urban Development Authority
To
\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Memo No. \_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_
Subject :- Allotment by sale of \_\_\_\_\_\_\_\_\_ plot/building No. \_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_ on free-hold basis.
Please refer to your application for the allotment of a \_\_\_\_\_\_\_\_\_\_ plot/building at \_\_\_\_\_\_\_\_\_\_.
### 2. Yours application has been considered and a plot/building, as detailed below, has been allotted to you on free-hold basis as per the following terms and conditions and subject to the provisions of the Haryana Urban Development Authority Act, 1977, (hereinafter referred to as the Act) and the rules/regulations applicable thereunder and as amended from time to time. The approximate area of the site/building and the tentative price of the plot/building given below, are subject to the adjustment in accordance with the actual measurement at the time of delivery of possession. | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sector No.
|
Name of Urban Area
|
Plot/building No.
|
Appr. dimension of description
|
Area in sq. Metres
|
Tentative price of the plot/building
|
|
|
|
|
|
|
|
### 3. The plot is preferential/special preferential one and an extra price at @ 10 percent/20 per cent of the price mentioned in para 2 above is Rs. \_\_\_\_\_\_\_\_\_\_\_\_. ###
4. In case you refuse to accept this allotment, you shall communicate your refusal by a registered letter within 30 days from the date of allotment letter; failing which this allotment shall stand cancelled and the earnest money deposited by you shall be forfeited to the authority and you shall have no claim for damages.
### 5. In case you accept this allotment, please send your acceptance by registered post alongwith an amount or Rs.\_\_\_\_\_\_\_\_\_ within 30 days from the date of issue of this allotment letter, which together with an amount of Rs. \_\_\_\_\_\_\_\_\_\_\_\_ paid by you alongwith your application form as earnest money, will constitute \_\_\_\_\_\_\_\_\_\_\_\_\_\_ per cent of the total tentative price. ###
6. The balance amount, i.e. Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_ of the above tentative price of the plot/building can be paid in lump sum without interest within 60 days from the date of the issue of the allotment letter or in \_\_\_\_\_\_\_ half yearly/annual instalment. The first instalment will fall due after the expiry of six months/one year of the date of issue of this letter. Each instalment would be recoverable together with interest on the balance price at \_\_\_\_\_\_\_ per cent interest on the remaining amount. The interest shall, however, accrue from the date of offer of possession.
(6A)
[ The payment of instalment(s) on due date is mandatory. In case the payment of instalment(s) is not made on due date, interest at the rate as may be decided by the Authority from time to time shall be chargeable on the delayed payment of instalment(s) irrespective of the fact whether the possession has been offered or not.]
[Added by Haryana Government Gaz. No. 2004/36129 dated 29.11.2004.]
### 7. The possession of the site will be offered to you on completion of the [basic amenities within the area] [Substituted for the word 'development works in the area' by Haryana Government Gaz. No. 2004/25663 dated 19.7.2004.]
. In the case of building or undeveloped land, the possession shall, however, be delivered within 90 days from the date of this letter.
### 8. Each instalment shall be remitted to the Estate Officer and every such remittance shall be accompanied by a letter showing the full particulars of the site, i.e. the number of the plot and sector number to which the payment pertains. In the absence of these particulars the amount remitted shall not be deemed to have been received. ###
9. The above price is tentative to the extent that any enhancement in the cost of land awarded by the competent authority under the Land Acquisition Act shall also be payable proportionately, as determined by the Authority. The additional price determined shall be paid within 30 days of its demand.
### 10. In case the instalment is not paid by the 10th of the month following the month in which it falls due, (or in case the additional price is not paid within time) the Estate Officer shall proceed to take action for imposition of penalty and resumption of plot in accordance with the provisions of Section 17 of the Act. ###
11. In the event of breach of any other condition of transfer the Estate Officer may resume the land in accordance with the provisions of section 17 of the Act.
### 12. The land/building shall continue to belong to the Authority until the entire consideration money together with interest and other amount, if any, due to the Authority on account of sale of such land or building or both is paid. You shall have no right to transfer by way of sale, gift, mortgage, or otherwise the plot/building or any right, title or interest therein till the full price is paid to the Authority, except with the prior permission of the competent authority. ###
13. [ On payment of 100 per cent of the tentative price of the plot/building, you shall execute the deed of conveyance in the prescribed form and in such manner, as may be directed by the Estate Officer. The charges of registration and stamp duty will be paid by you.]
[Substituted by Haryana Government Gazette (Extra.) dated 8.3.2000 at Page 464.]
### 14. [ The plot/building shall not be used for any purpose other than that for which it has been allotted in accordance with the plans approved by the competent authority except for rendering non- nuisance professional consultancy services in land/building disposed of for residential purposes to the extent of 25% of the built-up covered area of the building or 50 square meters, whichever is less, with the prior permission of the Chief Administrator on payment of fees, as mentioned in proviso to Regulation 16. No obnoxious trade shall be carried out in or on any land/building.] [Substituted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
### 15. You shall have to pay all general and local taxes, rates or cesses imposed or assessed on the said land/building by the competent authority. ###
16. You shall have to pay separately or any construction, material, trees, structures and compound wall existing in your plot at the time of allotment of which compensation has been assessed and paid by the Authority if you want to make use of the same.
### 17. The Authority will not be responsible for leveling the uneven sites. ###
18. You will have to complete the construction within two years of the date of offer of possession, after getting the plans of the proposed building approved from the competent authority in accordance with the regulations governing the erection of buildings. This time limit is extendable by the Estate Officer if he is satisfied that non-construction of the building was due to reasons beyond your control, otherwise this plot is liable to the resumed and the whole or part of the money paid, if any, in respect of it forfeited in accordance with the provisions of the said Act. You shall not erect any building or make any alteration/addition without prior permission of the Estate Officer. No fragmentation of any land or building shall be permitted.
### 19. The Authority reserves to itself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such times and in such manner as the Authority shall think fit, with power to carry out any surface or any underground working, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, construct lines and generally appropriate and use surface of the said site for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exceptions and reservations herein contained : Provided that the allottee shall be entitled to receive from the Authority such payment for the occupation by the Authority of the surface and for the damage done to the surface or building on the said land by such works or workings or letting down as may be agreed upon between the authority and the allottee or failing such agreement as shall be ascertained by reference to arbitration.
### 20. The Authority may by its officers and servants at all reasonable times and in reasonable manners after 24 hours' notice in writing enter in and upon any part of the said land/building erected thereon for the purpose of ascertaining that the allottee has duly performed and observed the conditions to be observed under the Rules/regulations applicable under the Act. ###
21. The Authority shall have full right, power and authority at all times to do through its officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations imposed and to recover from you as first charge upon the said land/building, the cost of doing all or any such act and things and all cost incurred in connection therewith or in any way relating thereto.
### 22. All disputes and differences arising out of or in any way touching or concerning this allotment whatsoever shall be referred to the sole arbitration of the Chief Administrator or any other officer appointed by him. It will not be an objection to such appointment that the arbitrator so appointed is a Government servant or an officer of the Authority that he had to deal with the matter to which this allotment relates and in the course of his duties as such Government servant or officer as the case may be, he has expressed his views on all or any of the matters in dispute or difference. The decision of such arbitrator shall be final and binding on the concerned parties. ###
23.
All payments shall be made by means of a demand draft payable to the Estate Officer, Haryana Urban Development Authority \_\_\_\_\_\_\_\_\_ drawn on any scheduled bank situated at \_\_\_\_\_\_\_\_\_\_
### 24. No separate notice will be sent for the payment of the instalments.
However, the information regarding the instalment, the amount, the due date etc., may be sent as a matter of courtesy.
Estate Officer,
Haryana Urban Development Authority,
Note : - (i) Any change in address must be notified by registered A.D. post \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
(ii) Strike out whichever is not applicable.
Registered
Form "CC"
[See Regulation 6(2) ]
(Form of allotment letter, for allotment made on free-hold basis. To be used for residential/industrial/commercial plots/buildings disposed of by auction only).
From
The Estate Officer,
Haryana Urban Development Authority.
To
Memo No. \_\_\_\_\_\_\_\_\_\_
Dated \_\_\_\_\_\_\_\_\_\_\_
Subject :- Allotment by sale of \_\_\_\_\_\_\_\_\_\_\_ plot/building No. \_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_ on free hold basis.
Please refer to your bid for plot/building No \_\_\_\_\_ in Sector \_\_\_\_\_\_\_\_ at \_\_\_\_\_.
### 2. Your bid for plot/building No. \_\_\_\_\_\_\_\_\_\_\_\_ in Sector \_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_ has been accepted and the plot/building, as detailed below, has been allotted to you on free-hold basis as per the following terms and conditions and subject to the provisions of the Haryana Urban Development Authority Act, 1977, (hereinafter referred to as the Act) and the rules/regulations applicable thereunder and as amended from time to time including terms and conditions as already announced at the time of auction and accepted by you. | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sector No.
|
Name of UrbanArea
|
Plot/building No.
|
Appr. dimension ordescriptionas notifiedat
the time of auction
|
Area in sq.Mtrs.
|
Price of plot/building
|
|
|
|
|
|
|
|
### 3. The sum of Rs. \_\_\_\_\_\_\_\_\_\_\_ deposited by you as bid money at the time of bid will be adjusted against the said plot/building. ###
4. You are requested to remit Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_ in order to make the price of the said plot/building within 30 days from the date of acceptance of your bid. The payment shall be made by a bank draft payable to the Estate Officer \_\_\_\_\_\_\_\_\_\_ and drawn on any scheduled bank at \_\_\_\_\_\_\_\_\_\_\_\_. In case of failure to deposit the said amount within the above specified period, the allotment shall be cancelled and the deposit of 10% bid money deposited at the time of bid shall stand forfeited to the Authority, against which, you shall have no claim for damages.
### 5. The balance amount i.e. Rs \_\_\_\_\_\_\_\_\_\_\_\_\_\_ of the above price of the plot/building can be paid in lump sum without interest within 60 days from the date of issue of the allotment letter or in \_\_\_\_\_\_\_\_\_\_\_\_\_ half yearly/annual instalments. The first instalment will fall due after the expiry of six months/one year of the date of issue of this letter. Each instalment would be recoverable together with interest on the balance price at \_\_\_\_\_\_\_\_\_\_ % interest on the remaining amount. The interest shall however, accrue from the date of offer of possession. (5A)
[ The payment of instalment(s) on due date is mandatory. In case the payment of instalment(s) is not made on due date, interest at the rate as may be decided by the Authority from time to time shall be chargeable on the delayed payment of instalment(s) irrespective of the fact whether the possession has been offered or not.]
[Added by Haryana Government Gaz. No. 2004/36129 dated 29.11.2004.]
### 6. The possession of the site will be offered to you on completion of the development works in the area. In the case of building or undeveloped land, the possession shall, however, be delivered within 90 days from the date of this letter. ###
7. Each instalment shall be remitted to the Estate Officer and every such remittance shall be accompanied by a letter showing the full particulars of the site i.e. the number of the plot and sector number to which the payment pertains. In the absence of these particulars the amount remitted shall not be deemed to have been received.
### 8. In case the instalment is not paid by the 10th of month following the month in which it falls due, the Estate Officer shall proceed to take action for imposition of the penalty and resumption of the plot in accordance with the provision of section 17 of the said Act. ###
9. In the event of breach of any other condition of transfer, the Estate Officer may resume the land in accordance with the provisions of section 17 of the Act.
### 10. The land/building shall continue to belong to the Authority until the entire consideration money together with interest and other amount, if any due to the Authority on account of sale of such land or building or both is paid. You shall have no right to transfer by way of sale, gift, mortgage, or otherwise the plot/building or any right, title or interest therein till the full price is paid to the Authority, except with the prior permission of the competent authority. ###
11. [ On payment of 100 per cent of the tentative price of plot/building, you shall execute the deed of conveyance in the prescribed form and in such manner as may be directed by the Estate Officer. The charges of registration and stamp duty will be paid by you.]
### 12. [ The plot/building shall not be used for any purpose other than that for which it has been allotted in accordance with the plans approved by the competent authority except for rendering non- nuisance professional consultancy services in land/building disposed of for residential purposes to the extent of 25% of the built-up covered area of the building or 50 square meters, whichever is less, with the prior permission of the Chief Administrator on payment of fees, as mentioned in proviso to Regulation 16. No obnoxious trade shall be carried out in or on any land/building.] [Substituted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
### 13. You shall have to pay all general and local taxes, rates or cesses imposed or assessed on the said land/building by the competent authority. ###
14. You shall have to pay separately for any construction, material trees, structures and compound wall existing in your plot at the time of allotment of which compensation has been assessed and paid by the authority if you want to make use of the same.
### 15. The Authority will not be responsible for levelling the uneven sites. ###
16. You will have to complete the construction within two years of the date of offer of possession, after getting the plans of the proposed building approved from the competent authority in accordance with the regulations governing the erection of building. This time limit is extendable by the Estate Officer if he is satisfied that non-construction of the building was due to reasons beyond your control, otherwise this plot is liable to be resumed and the whole or part of the money paid, if any, in respect of it forfeited in accordance with the provision of the said Act. You shall not erect any building or make any alteration/addition without prior permission of the Estate Officer. No fragmentation of any land or building shall be permitted.
### 17. The Authority reserves to itself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such times and in such manner as the Authority shall think fit, with power to carry out any surface or any under ground working, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, construct lines and generally appropriate and use surface of the said site for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exception and reservations herein contained : Provided that the allottee shall be entitled to receive from the Authority such payment for the occupation by the Authority of the surface and for the damage done to the surface or building on the said land by such works or letting down as may be agreed upon between the Authority and the allottee or failing such agreement as shall be ascertained by reference to arbitration.
### 18. The Authority may by its officers and servants at all reasonable times and in reasonable manners after 24 hours notice in writing enter in and upon any part of the said land/building erected thereon for the purpose of ascertaining that the allottee has duly performed and observed the condition to be observed under the Rules/Regulations applicable under the said Act. ###
19. The Authority shall have full right, power and authority at all times to do through its officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations imposed and to recover from you as first charge upon the said land/building, the cost of doing all or any such act and things and all cost incurred in connection therewith or in any way relating thereto.
### 20. All disputes and differences arising out of or in any way touching or concerning this allotment whatsoever shall be referred to the sole arbitration of the Chief Administrator or any other officer appointed by him. It will not be an objection to such appointment that the arbitrator so appointed is a Government servant or an officer of the Authority that he had to deal with the matter to which this allotment relates and in the course of his duties as such Government servant or officer as the case may be, he has expressed his views on all or any of the matters in dispute or difference. The decision of such arbitrator shall be final and blinding on the concerned parties. ###
21. All payments shall be made by means of a demand draft payable to the Estate Officer, Haryana Urban Development Authority \_\_\_\_\_\_\_\_\_\_\_\_\_ drawn on any dated at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 22. No separate notice will be sent for the payment of the instalments. However, the information regarding the instalment, the amount, the due date etc. may be sent as a matter of courtesy. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Any other condition not incorporated above, but announced at the time of auction, to be indicated) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
Estate Officer,
Haryana Urban Development Authority,
Note :- (i) Any change in address must be notified by registered A.D. Post.
(ii) Strike out whichever is not applicable.
Registered
Form 'C-I'
Uttarachal Amendment [See Regulation 5(3) ]
Form of Allotment Letter, for Allotment made on Leasehold basis
To be used for residential/industrial/commercial plot/buildings disposed of by allotment only
From
The Estate Officer,
Haryana Urban Development Authority.
To
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Memo No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Subject : Allotment of \_\_\_\_\_\_ plot/building No. \_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_ on lease-hold basis.
Please refer to your application for the allotment of a \_\_\_\_\_\_\_\_\_ plot/building at \_\_\_\_\_\_\_\_\_\_\_\_\_.
### 2. Your application has been considered and a \_\_\_\_\_\_\_\_\_\_\_\_\_\_ plot/building as detailed below, has been allotted to you on lease-hold basis as per the following terms and conditions and subject to the provisions of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as the Act) and the rules/regulations applicable thereunder and as amended from time to time. The approximate area of the site/building and the tentative premium of the plot/building given below, are, subject to the adjustment in accordance with the actual measurement at the time of delivery of possession. | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sector No.
|
Name of Urban Area
|
Plot/Building No.
|
Appr. dimensionor description
|
Area in Sq. Metres
|
Tentative premium of the plot/building.
|
|
|
|
|
|
|
|
### 3. The plot is preferential/Special preferential one and an extra premium at the rate of 10 per cent/20 per cent of the price mentioned in para 2 above is Rs. \_\_\_\_\_ ###
4. In case you refuse to accept this allotment, you shall communicate your refusal by a registered letter within 30 days from the date of allotment letter, failing which this allotment shall stand cancelled and the earnest money deposited by you shall be forfeited to the authority and you shall have no claim for damages.
### 5. In case you accept this allotment, please, send your acceptance by registered post along with an amount of Rs. \_\_\_\_\_\_\_\_\_\_ within 30 days from the date of issue of this allotment letter, which together with an amount of Rs. \_\_\_\_\_\_\_\_\_\_\_ paid by you along with your application form as earnest money, will constitute \_\_\_\_\_\_\_\_\_\_\_\_\_ per cent of the total tentative premium. ###
6. The balance amount i.e. Rs. \_\_\_\_\_\_\_\_\_\_\_ of the above tentative premium of the Plot/building can be paid in lump-sum without interest within 60 days from the date of issue of the allotment letter or in \_\_\_\_\_\_\_\_\_ half yearly/annual instalments. The first instalment will fall due after the expiry of six months/one year of the date of issue of this letter. Each instalment would be recoverable together with interest on the balance premium at \_\_\_\_\_\_ % interest on the remaining amount. The interest shall, however, accrue, from the date of offer of possession.
(6A)
[ The payment of instalment(s) on due date is mandatory. In case the payment of instalment(s) is not made on due date, interest at the rate as may be decided by the Authority from time to time shall be chargeable on the delayed payment of instalment(s) irrespective of the fact whether the possession has been offered or not.]
[Added by Haryana Government Gaz. No. 2004/36129 dated 29.11.2004.]
### 7. The possession of the site will be offered to you on completion of the [basic amenties within the area] [Substituted for the word 'development works in the area' by Haryana Government Gaz. No. 2004/25663 dated 19.7.2004.]
. In the case of building or undeveloped land the possession shall, however, be delivered within ninety days from the date of this letter.
### 8. Each instalment shall be remitted to the Estate Officer and every such remittance shall be accompanied by a letter showing the full particulars of the site, i.e. the number of the plot and sector number to which the payment pertains. In the absence of these particulars, the amount remitted shall not be deemed to have been received. ###
9. The above premium is tentative to the extent that any enhancement in the cost of land awarded by the competent authority under the Land Acquisition Act shall also be payable proportionately, as determined by the authority. The additional premium determined shall be paid within thirty days of its demand.
### 10. In case the instalment is not paid by the 10th of the month following the month in which it falls due (or in case the additional price is not paid within time), action under section 18 of the Act will be taken against you. ###
11. If you contravene any of the terms expressed or implied under the lease deed, you are liable to be proceeded against under section 18 of the Act.
### 12. You shall execute the deed of the prescribed form within six months of this letter. The charges for registration and stamp duty will be paid by you. ###
13. The lease shall commence from the date of allotment and shall be for a period of 99 years. The lease may be renewed for such further period and on such terms & conditions as the Authority may decide. In addition to the premium, you shall pay ground rent at the rate of 2-1/2 per cent of the premium for the first 33 years, which may be enhanced to 3-3/4 per cent of the premium for the next 33 years and to 5% of the premium for the remaining period of lease. The ground rent shall be payable annually on due date without any demand.
### 14. In the event of default in payment of ground rent, you are liable to be proceeded against under sections 16 and 18 of the Act. ###
15. All arrears of ground rent due shall be recoverable as arrears of Land Revenue.
### 16. You shall have no right to transfer by way of sale, gift, mortgage, or otherwise the plot/building or any right, or interest thereon till the full premium is paid to the authority, except with the prior permission of the competent authority. Provided that in the event of the sale or foreclosure of the mortgaged or charged property the lessor shall be entitled to claim and recover fifty percent of the unearned increase in the value of the plot as stipulated and amount of the lessor's share of the said unearned increase shall be a first charge, having priority over the said mortgage or charge. The decision of the lessor in respect of the market value of the said plot shall be final and binding on all parties concerned, provided further that the lessor shall have the pre-emptive rights to purchase the mortgaged or charged property after deducting 50 per cent of the unearned increase as aforesaid. ###
17. In the case of transfer of the plot/building, 50% (fifty per cent) of the unearned increase in the value of land at the time the site is sold or transferred, shall be payable to the Authority before registering such sale or transfer. The market value of such property for this purpose shall be assessed by the Estate Officer or such other Officer as may be authorised by the Chief Administrator.
### 18. The lessor's right to the recovery of 50% of unearned increase and the pre-emptive right to purchase the property shall apply equally to an involuntary sale or transfer whether it be by and through an executing or insolvency court. ###
19. [ The plot/building shall not be used for any purpose other than that for which it has been allotted in accordance with the plans approved by the competent authority except for rendering non- nuisance professional consultancy services in land/building disposed of for residential purposes to the extent of 25% of the built-up covered area of the building or 50 square meters, whichever is less, with the prior permission of the Chief Administrator on payment of fees, as mentioned in proviso to Regulation 16. No obnoxious trade shall be carried out in or on any land/building.]
[Substituted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
### 20. Whenever the right or interest of the lessee in the plot is transferred in any manner whatsoever the transferee shall be bound by all the conditions imposed in this lease and shall be answerable in all respects therefor. ###
21. Whenever the right or interest of the lessee in the plot is transferred in any manner whatsoever the transferor and the transferee shall, within 3 months of the transfer, give notice of such devolution to the lessor. The transferee of the person on whom the title devolves, as the case may be, shall supply the lessor certified copies of the document(s) evidencing the transfer of devolution.
### 22. You shall have to pay all general and local taxes, rates or cesses imposed or assessed on the said land/building by the competent authority. ###
23. You shall have to pay separately, for any construction, material, trees, structures and compound wall existing in your plot at the time of allotment of which compensation has been assessed and paid by the Authority if you want to make use of the same.
### 24. The Authority will not be responsible for levelling the uneven sites. ###
25.
You will have to complete the construction within two years of the date of offer of possession, after getting the plans of the proposed building, approved from the competent authority in accordance with the regulations governing the erection of buildings. This time limit is extendable by the Estate Officer if he is satisfied that non-construction of the building was due to reasons beyond your control.
### 26. The Authority reserves to itself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for working, obtaining, removing and enjoying the same at all such times and in such manner as the Authority shall think fit with power to carry out any surface or any underground working, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, construct lines and generally appropriate and use the surface of the said site for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exceptions and reservations herein contained :
Provided that the allottee shall be entitled to receive from the Authority such payment for the occupation by the authority of the surface and for the damage done to the surface or building on the said land by such works or workings or letting down as may be agreed upon between the Authority and the allottee.
### 27. The Authority may by its officers and servants at all reasonable times and in reasonable manner after 24 hours notice in writing enter in and upon any part of the said land/building erected thereon for the purpose of ascertaining that the allottee has duly performed conditions to be observed under the Rules/Regulations applicable under the said Act.
### 28. The Authority shall have full right, power and authority at all times to do through its officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations imposed and to recover from you as first charge upon the said land/building, the cost of doing all or any such act and things and all cost incurred in connection therewith or in any way relating thereto.
### 29. All payments shall be made by means of a demand draft payable to the Estate Officer, Haryana Urban Development Authority \_\_\_\_\_\_\_\_\_\_\_\_\_ drawn on any scheduled bank situated at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
### 30. No separate notice will be sent for the payment of the instalments. However, the information regarding the instalment, the amount, the due date etc., may be sent as a matter of courtesy.
Estate Officer,
Haryana Urban Development Authority,
Note :- (i) Any change in address must be notified by Registered A.D. post.
(ii) Strike out whichever is not applicable.
Registered
Form 'C-II'
[See Regulation 6(2) ]
Form of Allotment Letter, for Allotment made on Lease-hold basis
[To be used for residential/Industrial/Commercial plots/buildings disposed of by auction only]
From
The Estate Officer,
Haryana Urban Development Authority,
To
------------------
Memo No. \_\_\_\_\_\_\_\_\_\_\_
Dated \_\_\_\_\_\_\_\_\_\_\_\_
Subject :- Allotment of plot/building No. \_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_ at \_\_\_\_\_\_\_ on lease hold basis.
Please refer to your bid for the plot/building No. \_\_\_\_\_\_\_\_\_ in Sector \_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_\_.
### 2. Your bid for plot/building No. \_\_\_\_\_\_\_\_\_\_\_\_ in Sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_ has been accepted and the plot/building, as detailed below, has been allotted to you on lease hold basis as per the following terms and conditions and subject to the provisions of the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as 'the Act') and the rules/regulations applicable thereunder and as amended from time to time, including terms and conditions as already announced at the time of auction and accepted by you. | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sector No.
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Name of Urban Area
|
Plot/Building No.
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Approximate dimension or description as notified
at the time of auction
|
Area in sq. meters
|
Premium of the plot/building
|
|
|
|
|
|
|
|
### 3. A sum of Rs. \_\_\_\_\_\_\_\_\_\_ deposited by you as bid money at the time of bid will be adjusted against the said plot/building. ###
4. You are requested to remit Rs. \_\_\_\_\_\_\_ in order to make \_\_\_\_\_\_\_ of the price of the said plot/building within 30 days from the date of acceptance of your bid. The payment shall be made by a bank draft payable to the Estate Officer \_\_\_\_\_\_ and drawn on any scheduled bank at \_\_\_\_\_\_. In case of failure to deposit the said amount within the above specified period, the allotment shall be cancelled and the deposit of 10% bid money deposited at the time of bid shall stand forfeited to the Authority against which you shall have no claim for damages.
### 5. The balance amount, i.e. Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_ of the above premium of the plot/building can be paid in lump sum without interest within 60 days from the date of issue of the allotment letter or in \_\_\_\_\_\_\_\_\_\_\_\_\_ half yearly/annual instalments. The first instalment will fall due after the expiry of six months/one year of the date of issue of this letter. Each instalment would be recoverable together with interest on the balance premium at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ % interest on the remaining amount. The interest shall, however, accrue from the date of offer of possession. (5A)
[ The payment of instalment(s) on due date is mandatory. In case the payment of instalment(s) is not made on due date, interest at the rate as may be decided by the Authority from time to time shall be chargeable on the delayed payment of instalment(s) irrespective of the fact whether the possession has been offered or not.]
[Added by Haryana Government Gaz. No. 2004/36129 dated 29.11.2004.]
### 6. The possession of the site will be offered to you on completion of the [basic amenties within the area] [Substituted for the word 'development works in the area' by Haryana Government Gaz. No. 2004/25663 dated 19.7.2004.]
. In the case of building or undeveloped land the possession shall however, be delivered, within ninety days from the date of this letter.
### 7. Each instalment shall be remitted to the Estate Officer and every such remittance shall be accompanied by a letter showing the full particulars of the site i.e. the number of the plot and Sector number to which the payment pertains. In the absence of these particulars the amount remitted shall not be deemed to have been received. ###
8. In case the instalment is not paid by the 10th of the month following the month in which it falls due, action under section 18 of the Act will be taken against you.
### 9. If you contravene any of the terms expressed or implied under the lease deed you are liable to be proceeded against under section 18 of the Act. ###
10. You shall execute the Deed of lease in the prescribed form within six months of this letter. The charges for registration and stamp duty will be paid by you.
### 11. The lease shall commence from the date of allotment and shall be for a period of 99 years. The lease may be renewed for such further period and on such terms and conditions as the Authority may decide. In addition to the premium, you shall pay ground rent at the rate of 2-1/2% of the premium for the first 33 years which may be enhanced to 3-3/4% of the premium for the next 33 years and to 5% of the premium for the remaining period of lease. The ground rent shall be payable annually on the due date without any demand. ###
12. In the event of default in payment of ground rent, you are liable to be proceeded against under sections 16 and 18 of the Act.
### 13. All arrears of ground rent due shall be recoverable as arrears of Land Revenue. ###
14. You shall have no right to transfer by way of sale, gift, mortgage, or otherwise the plot/building or any right, or interest therein till the full premium is paid to the Authority, except with the prior permission of the competent authority. Provided that in the event of the sale of foreclosure of the mortgaged or charged property, the lessor shall be entitled to claim and recover fifty per cent of the earned increase in the value of the plot as stipulated and amount of the lessor's share of the said unearned increase shall be a first charge, having priority over the said mortgage or charge. The decision of the lessor in respect of the market value of the said plot shall be final and binding on all parties concerned :
Provided further that the lessor shall have the pre-emptive rights to purchase the mortgaged or charged property after deducting 50% of the unearned increase as aforesaid.
### 15. In the case of transfer of plot/building, 50% (fifty per cent) of the unearned increase in the value of land at the time the site is sold or transferred shall be payable to the Authority before registering such sale or transfer. The market value of such property for this purpose shall be assessed by the Estate Officer or such other officer as may be authorised by the Chief Administrator. ###
16. The lessor's right to the recovery of 50% of unearned increase and the pre-emptive right to purchase the property shall apply equally to an involuntary sale or transfer whether it be by and through an executing or insolvency court.
### 17. [ The plot/building shall not be used for any purpose other than that for which it has been allotted in accordance with the plans approved by the competent authority except for rendering non- nuisance professional consultancy services in land/building disposed of for residential purposes to the extent of 25% of the built-up covered area of the building or 50 square meters, whichever is less, with the prior permission of the Chief Administrator on payment of fees, as mentioned in proviso to Regulation 16. No obnoxious trade shall be carried out in or on any land/building.] [Substituted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
### 18. Whenever the right or interest of the lease in the plot is transferred in any manner whatsoever the transferee shall be bound by all the conditions imposed in this lease and shall be answerable in all respects therefore. ###
19. Whenever the right of interest of the lessee in the plot is transferred in any manner whatsoever the transferor and the transferee shall, within 3 months of the transfer, give notice of such evolution to the lessor. The transferee of the person on whom the title devolves, as the case may be, shall supply to the lessor certified copies of the documents evidencing the transfer of devolution.
### 20. You shall have to pay all general and local taxes, rates or cesses imposed or assessed on the said land building by the competent Authority. ###
21. You shall have to pay separately for any construction, material, trees, structures and compound wall existing in your plot at the time of allotment of which compensation has been assessed and paid by the Authority if you want to make use of the same.
### 22. The Authority will not be responsible for levelling uneven sites. ###
23. You will have to complete the construction within two years of the date of offer of possession, after getting the plans of the proposed building, approved from the competent authority in accordance with the regulations governing the erection of buildings. This time limit is extendable by the Estate Officer if he is satisfied that non-construction of the building was due to reasons beyond your control.
### 24. The Authority reserves to itself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such times and in such manner as the Authority shall think fit, with power to carry out any surface or any underground working, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, construct lines and generally appropriate and use the surface of the said site for the purpose of doing all such things may be convenient or necessary for the full enjoyment of the exceptions and reservations herein contained : Provided that the allottee shall be entitled to receive from the Authority such payment for the occupation by the Authority of the surface and for the damage done to the surface or building on the said land by such works or workings or letting down as may be agreed upon between the Authority and the allottee.
### 25. The Authority may by its officers and servants at all reasonable times and in reasonable manners after 24 hours' notice in writing enter in and upon any part of the said land/building erected thereon for the purpose of ascertaining that the allottee has duly performed conditions to be observed under the Rules/Regulations applicable under the said Act. ###
26. The authority shall have full right, power and authority at all times to do through its officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations imposed and to recover from you as first charge upon the said land/building, the cost of doing all or any such act and things and all cost incurred in connection therewith or in any way relating thereto.
### 27. All payments shall be made by means of a demand draft payable to the Estate Officer, Haryana Urban Development Authority \_\_\_\_\_\_\_\_\_\_\_\_\_\_ drawn on any scheduled bank situated at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
28. No separate notice will be sent for the payment of the instalments. However, the information regarding the instalment, the amount, the due date etc., may be sent as a matter of courtesy.
\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Any other condition not incorporated above, but announced at the time of auction \_\_\_\_\_\_\_\_\_\_\_\_ to be indicated).
Estate Officer,\_\_\_\_\_\_\_\_\_\_\_\_\_
Haryana Urban Development Authority,
Note :- (i) Any change in address must be notified by registered A.D. post.
(ii) Strike out whichever is not applicable.
Form 'D'
(See Regulation 20)
Deed of Conveyance of Building/site sold by Allotment/Auction
This deed of conveyance made the \_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_, 19\_\_\_\_\_ between the Haryana Urban Development Authority acting through the Estate Officer (hereinafter called 'the Vendor') of the part and Shri \_\_\_\_\_\_\_ son of Shri \_\_\_\_\_\_\_\_\_\_\_\_\_ residence of \_\_\_\_\_\_\_\_\_\_\_\_ in the district of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter called 'the Transferee') of the other part.
Whereas the land hereinafter described and intended to be hereby conveyed was owned by the vendor in full proprietary rights;
| | |
| --- | --- |
|
Strike out if not applicable
|
And whereas the vendor has sanctioned the sale
of the said land to the transferee in pursuance of his
application dated \_\_\_\_\_\_\_\_\_ made under sub-regulation (1) of
regulation 5 of the haryana urban development (disposal of land
and buildings) regulations, 1978 (hereinafter referred to as the
said regulation), to be used as a site for
commercial/industrial/residential purpose in the urban area of
\_\_\_\_\_\_\_\_\_\_\_\_.
|
|
Strike out if not applicable
|
And whereas the vendee had applied by bid at
public auction to the vendor for the said land, belonging to the
vendor, hereinafter described and the vendor had accepted the
bid for the sale of said land to the vendee in the manner
hereinafter appearing;
|
And Whereas the Vendor has fixed the tentative price of the said land sold by allotment at Rs. \_\_\_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_\_\_\_\_).
And Whereas the Vendor reserves the right to enhance the tentative price in the case of land sold by allotment by the amount of the additional price determined in accordance with the said regulations;
And Whereas the transferee, sold land by allotment, has paid tentative price and agrees to pay the additional price in the manner hereafter appearing;
| | |
| --- | --- |
|
Applicable in case of sale by allotment only
|
Now, therefore, this deed witnesseth that for
the purpose of carrying into effect the said sale and in
consideration of the convenants of the transferee hereinafter
contained and the said sum of rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Rupees
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) paid by the transferee and the undertaking of
the transferee to pay the additional price, if any, determined
to be paid by the Transferee, within a period of thirty days of
the date of demand made in this behalf by the Estate Officer
without interest or in such number of insaltments with interest
as may be determined by the Chief Administrator, the Vendor
hereby grants and conveys unto the Transferee all the piece and
parcel of site No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ area in square meters
\_\_\_\_\_\_\_\_\_\_\_\_ (square yards \_\_\_\_\_\_\_\_\_\_) and more particularly
described in the plan filed in the officer of the Estate Officer
and signed by the Estate Officer aforesaid and dated the
\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_ thereinafter called the
said land).
|
To have and to hold the same unto and to the use of the Transferee subject to the exceptions. reservations, conditions and covenants hereinafter contained and each of them that is to say :-
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| --- | --- |
|
Applicable in case of sale by allotment only.
|
(1) The transferee shall have the right of
possession and enjoyment so long as he pays the additional price,
if any, determined by the Vendor, within a period fixed as
aforesaid and otherwise confirms to the terms and conditions of
sale.
|
|
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(2) The Vendor shall have a first and paramount
charge over the said site for the unpaid portion of the sale
price including additional price.
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(3) The Vendor reserves to himself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same at all such times and in such manner as the Vendor shall think fit, with power to carry out any surface or any underground working, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, construct lines and generally appropriate and use the surface of the said site for the purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exceptions and reservations hereinafter contained :
Provided that the Transferee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface building on the said land by such works and workings or letting down as may be agreed upon between the Vendor and the Transferee or failing such agreement as shall be ascertained by reference to arbitration.
(4) Transferee shall pay all general and local taxes, rates or cesses for the time being imposed or assessed on the said land by competent authority.
(5) The transferee shall have to complete the construction within two years from the date of offer of possession on the said land, in accordance with the relevant rules/regulations :
Provided that the time limit for construction may be extended by the Estate Officer in case the failure to complete the building by the stipulated date was due to reasons beyond the control of the Transferee.
(6) The transferee shall not erect any building or make any addition/alteration without prior permission of the Estate Officer. No fragmentation of any land or building shall be permitted.
(7) The vendor may by his officers and servants at all reasonable times and in a reasonable manner after twenty-four hours' notice in writing enter in and upon any part of the said land or building erected thereon for the purpose of ascertaining that the transferee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.
(8) The vendor shall have full right, power and authority at all times to do through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservation herein contained and to recover, from the transferee as first change upon the said site, the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(9) [ The transferee shall not use the said land for any purpose other than that for which it has been sold nor shall he use the building constructed on it for a purpose other than that for which it has been constructed, except for rendering non-nuisance professional consultancy services in land/building disposed of for residential purpose to the extent of 25% of the built-up covered area of the building or 50 square meters, whichever is less, with the prior permission of the Chief Administrator on payment of fees as mentioned in proviso to Regulation 16.]
[Substituted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
(10) The transferee shall accept and obey all the rules, regulations and orders made or issued under the Act.
(11) In the event of non-payment of the additional price within the fixed period by the transferee, or in the event of the breach of any other condition of sale, the Estate Officer may impose a penalty or resume the land, or both, in accordance with the provisions of the Act and the rules/regulations made thereunder. In the event of resumption, it shall be lawful for the Estate Officer, notwithstanding the waiver of any previous cause or right for re- entry thereon or any part thereof, to possess, retain and enjoy the same as to his former estate and the transferee shall not be entitled to a refund of the sale price or any part thereof or to any compensation whatsoever on account of such re-entry except in accordance with the provisions of the Act.
(12) All the disputes and differences arising out of or any way touching or concerning this deed whatsoever shall be referred to the sole arbitration of the Chief Administrator or any other officer appointed by him. It will not be an objection to such appointment that the arbitrator so appointed is a Government servant or an officer of the Authority that he had to deal with the matter to which this deed relates and that in the course of his duties as such Government servant or officer as the case may be he has expressed his views on all or any of the matters in dispute or difference. The decision of such arbitrator shall be final and binding on the parties to this deed.
If and so long as the transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided but not otherwise, the vendor will secure the Transferee full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.
And it is hereby agreed and declared that unless a different meaning shall appear from the context :-
(a) The expression 'Chief Administrator' shall mean the Chief Administrator of the Authority, as defined in clause (c) of section 2 of the Act.
(b) The expression 'Estate Officer' shall mean a person appointed by the Authority under clause (1) of section 2 of the Act to perform the functions of Estate Officer under the Act in one or more than one Urban Area.
(c) The expression 'Venor' used in these presents shall include, in addition to the Haryana Urban Development Authority and in relation to any matter of anything contained in or arising out of these presents, every person duly authorised to act or to re-present the Haryana Urban Development Authority in respect of such matter or thing;
(d) The expression 'Transferee' used in these presents shall include, in addition to the said \_\_\_\_\_\_\_\_\_\_, his lawful heirs, successors, representatives, assignees, lessees and any person or persons in occupation of the said land or building erected thereon with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter, in each case specified.
Signed by the said \_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_ (Transferee) day of \_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_.
In the presence of
Witnesses
### 1. Name \_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ###
2. Name \_\_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_\_\_\_\_ [One of these witnesses must be a Magistrate (with his court seal), if the deed is not executed before the estate Officer].
(Signature) Signed for and on behalf of the Haryana Urban Development Authority and setting under his authority at \_\_\_\_\_\_\_\_\_ the \_\_\_\_\_\_ day of \_\_\_\_\_ 19 \_\_\_\_\_\_
(Estate Officer)
In the presence of witnesses :-
### 1. Name \_\_\_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_\_\_\_\_ (Signature) 2. Name \_\_\_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_\_\_\_\_\_
(Signature) Note :- Strike out whichever is not applicable.
Form 'E'
[See Regulation 20]
Deed of Conveyance of Site and the Building erected thereon sold by Allotment/Auction
This deed of conveyance made the \_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_ between the Haryana Urban Development Authority through the Estate Officer (hereinafter called 'the Vendor') of the one part and Shri \_\_\_\_\_\_\_\_\_\_\_\_\_ son of \_\_\_\_\_\_\_\_\_\_\_\_ residence of \_\_\_\_\_\_\_\_\_\_\_\_ in the district of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter called 'the Transferee') of the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ other part.
Whereas the site and the building erected thereon hereinafter described and intended to be hereby conveyed was owned by the Vendor in full proprietary rights;
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Strike out if not applicable
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And whereas the Vendor has sanctioned the sale
of the site and the building erected thereon to the Transferee
for the sum of Rs. \_\_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_\_) in pursuance
of his application dated \_\_\_\_\_\_\_\_\_\_\_\_ made under Sub-Regulation
(1) of Regulations of the Haryana Urban Development (Disposal of
Land and Buildings) Regulations, 1978 (hereinafter referred to
as the said Regulations), to be used for
commercial/industrial/residential purpose in the urban area of
\_\_\_\_\_\_\_\_\_\_\_\_;
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Strike out if not applicable
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And whereas the Transferee had applied by bid at
public auction to the Vendor for the said site and the building
erected thereon, belonging to the Vendor, has accepted the bid
for the sale of said site and the building erected thereon to the
transferee in the manner hereinafter appearing;
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And whereas the Vendor has fixed the tentative price of the said site and the building erected thereon sold by allotment at Rs. \_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_).
And whereas the Vendor reserves the right to enhance the tentative price in the case of site and the building erected thereon sold by the allotment by the amount of the additional price determined in accordance with the said regulations;
And whereas the transferee, purchasing the site and building erected thereon by allotment, has paid the tentative price and agrees to pay the additional price in the manner hereinafter;
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Applicable in case of sale by allotment at spot
the only.
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Now therefore, this deed witnesseth that for
the purpose of carrying into effect the said sale and in
consideration of the covenants Transferee hereinafter contained
and he said sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_\_\_\_\_)
paid by the Transferee and the undertaking of the transferee to
pay the additional price, if any, determined to be paid by the
transferee, within a period of 30 days of the date of demand
made in this behalf by the Estate Officer without interest or in
such number of instalments with interest as may be determined by
the Chief Administrator, the Vendor hereby grants and conveys up
to the Transferee all that price or parcel of site No., area in
square Meters (Sq Yards\_\_\_\_\_\_) and more particularly described in
the plans filed in the office of the Estate Officer and signed by
the Estate Officer aforesaid and dated the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ day
\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of 19 \_\_\_\_\_\_\_\_\_\_\_\_\_\_ hereinafter called the said
building
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To have and to hold the same upto and to the use of the Transferee subject to the exceptions, reservations, conditions and convenants hereinafter contained and each of them, that is to say :-
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Applicable in case of sale by allotment only
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(1) (a) The Transferee shall enjoy the right of
possession and enjoyment so long as he pays the additional price,
if any, determined by the Vendor, within the period fixed as
aforesaid and the conforms to the terms and conditions of sale.
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(b) The vendor shall have a first and paramount charge over the said buildings for the unpaid portion of the sale price, and the Transferee shall have no right to transfer by way of sale, gift, mortgage or otherwise the said building or the site upon which it has been erected or any right, title or interest therein (except by way of lease on monthly basis), without the previous permission in writing of Estate Officer. The Estate Officer while granting such permission may impose such conditions as may be decided by the Chief Administrator from time to time.
(2) The vendor reserves to himself all mines and minerals whatsoever in or under the said site with all such rights and powers as may be necessary or expedient for the purpose of searching for, workings, obtaining, removing and enjoying the same at all such times and in such manner as the vendor shall think fit, with power to carry out any surface or any underground workings, and to let down the surface of all or any part of the said site and to sink pits, erect buildings, construct lines and generally appropriate and use the surface of the said site for purpose of doing all such things as may be convenient or necessary for the full enjoyment of the exceptions and reservations hereinafter contained :
Provided that the Transferee shall be entitled to receive from the Vendor such payment for the occupation by him of the surface and for the damage done to the surface or building on the said land by such works or workings or letting down as may be agreed upon between the Vendor and the Transferee or failing such agreement as shall be ascertained by reference to arbitration.
(3) The transferee shall pay all and general local taxes, rates or cesses for the time being imposed or assessed on the said building by competent authority.
(4) The transferee shall not re-erect, add to or alter the said building, except in accordance with the Regulations made or orders issued under the Haryana Urban Development Authority Act, 1977 (hereinafter referred "as the Act", without the written permission of the Estate Officer.
(5) The vendor may by his officers and servants at all reasonable times and in a reasonable manner after twenty four hours' notice in writing enter in and upon any part of the said building for the purpose of ascertaining that the Transferee has duly performed and observed the covenants and conditions to be performed by him and observed under these presents.
(6) The vendor shall have full right, power and authority at all times to do, through officers or servants, all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations herein contained and to recover from the transferee as first charge upon the said building the cost of doing all or any such acts and things and all costs incurred in connection therewith or in any way relating thereto.
(7) [ The transferee shall not use the said land for any purpose other than that for which it has been sold nor shall he use the building constructed on it for a purpose other than that for which it has been constructed, except for rendering non-nuisance professional consultancy services in land/building disposed of for residential purpose to the extent of 25% of the built-up covered area of the building or 50 square meters, whichever is less, with the prior permission of the Chief Administrator on payment of fees as mentioned in proviso to Regulation 16.]
[Substituted by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
(8) The transferee shall accept and obey all the rules/regulations and orders made or issued under the Act.
(9) In the event of non-payment of the additional price within the fixed period by the transferee, or in the event of any other condition of sale, the Estate Officer may impose a penalty or resume the building, in accordance with the provisions of the Act and the rules/regulations made thereunder. In the event of resumption, it shall be lawful for the Estate Officer, notwithstanding the waiver of any provisions cause or right for re-entry to enter into and upon the said building or any part thereof, to repossess, retain and enjoy the same as to his former estate and the transferee shall not be entitled to refund of the sale price or any part thereof or to any compensation whatsoever on account of such re-entry except in accordance with the provisions of the Act.
(10) In the event of any dispute or difference at any time arising between the vendor and the transferee as to the true intent and meaning of these presents, and of each and every provisions thereof, the property and rights hereby reserved or any of them, or in any manner identical or relating thereto the said dispute, or difference shall be referred for arbitration to Chief Administrator or any officer appointed by him whose decision thereon shall be final and binding on the parties thereto.
If and so long as the Transferee shall fully perform and comply with and shall continue to so perform and comply with each and all the terms and conditions herein made and provided but not otherwise, the Vendor will secure the Transferee full and peaceful enjoyment of the rights and privileges herein and hereby conveyed and assured.
And it is hereby agreed and declared that unless a different meaning shall appear from the context :-
(a) the expression 'Chief Administrator' shall mean the Chief Administrator or the Authority, as defined in clause (c) of section 2 of the Act.
(b) the expression 'Estate Officer' shall mean a person appointed by the Authority under clause (1) of section 2 of the Act to perform the functions of Estate Officer under the Act in one or more than one urban area.
(c) The expression vendor used in the presents shall include, in addition to the Haryana Urban Development Authority and in relation to any matter or anything contained in or arising out of these presents every person duly authorised to act or to represent the Haryana Urban Development Authority in respect of each matter or thing.
(d) The expression 'Transferee' used in these presents shall include, in addition to the said \_\_\_\_\_ his lawful heirs, successors, representatives, assigns, lessees and nay person or persons in occupations of the said building with the permission of the Estate Officer.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter in each case specified.
Signed by the said \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
at \_\_\_\_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_\_\_ (Transferee) day of \_\_\_\_\_\_\_ 19 \_\_\_\_\_\_.
In the presence of witnesses -
### 1. Name \_\_\_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_\_\_\_\_ [One of these witnesses must be a Magistrate (with his court seal) if the Deed is not executed before the Estate Officer] Occupation \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signatures) ### 2. Name \_\_\_\_\_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_ Signed for and on behalf of the Haryana Urban Development Authority and setting under his authority. at \_\_\_\_\_\_\_\_ the \_\_\_\_\_\_\_ (Estate Officer) day of \_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_.
In the presence of witnesses -
### 1. Name \_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_\_\_\_\_\_ (Signature) 2. Name \_\_\_\_\_\_\_ Residence \_\_\_\_\_\_\_\_ Occupation \_\_\_\_\_\_\_\_\_\_\_
(Signature) Note :- Strike out whichever is not applicable.
Form 'F'
(See Regulation 20)
Deed of Lease of Building Site disposed of by Allotment/Auction
This Deed made this \_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_\_\_\_ (one thousand nine hundred and \_\_\_\_\_\_\_\_\_\_\_\_\_) between the Haryana Urban Development Authority acting through the Estate Officer (hereinafter called 'the lessor') of the one part And Shri \_\_\_\_\_\_\_\_\_\_\_\_ son of Shri \_\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_ in the district of \_\_\_\_\_\_\_ (hereinafter called 'the lessor') of the other part.
Strike out if not applicable. - Whereas the lessee has applied to the lessor, for the grant of lease of the plot of land, belonging to the lessor hereinafter described, and lessor has on the faith of the statement and representations made by the lessee, accepted such application and has agreed to demise the said plot to the lessee in the manner hereinafter appearing.
Strike out if not applicable. - Whereas the lessee has applied by bid at public auction to the lessor for the grant of a lease of the plot of land, belonging to the lessor hereinafter described and the lessor has accepted such application and has agreed to demise the said plot to lessee in the manner hereinafter appearing;
Strike out if not applicable. - And whereas the lessor has fixed the tentative premium of the said land disposed of allotment at \_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_).
Applicable in case of disposal by allotment only - And whereas the lessor reserves the right to enhance the tentative premium in the case of land disposed of by allotment by the amount of the additional premium determined in accordance with the Haryana Urban Development (Disposal of Land and Building) Regulations, 1978 (hereinafter referred to as the said Regulations);
And whereas the lessee of, disposed of land by allotment, has paid the tentative premium and agrees to pay the additional price in the manner hereinafter appearing;
Now This Deed Witnesseth that for the purpose of carrying into effect the said lease and in consideration of the covenants of the lessee hereunder contained and of the said sum of Rs. \_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_) paid by the lessee and the undertaking of the lessee to pay the additional premium, if any, determined to be paid by the lessee, within a period of 30 days of the date of demand made in this behalf by the Estate Officer without interest or in such number of instalments with interest as may be determined by the Chief Administrator, the lessor both hereby demise upto the lessee all that plot of land being the residential/commercial/industrial plot No. \_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_ area \_\_\_\_\_\_\_\_\_ in sq. Meters \_\_\_\_\_\_\_\_\_\_ area Sq. yds. \_\_\_\_\_\_\_\_\_\_\_ situated at \_\_\_\_\_\_\_\_\_ which plot more particularly described in the plans filed in the office of the Estate Officer \_\_\_\_\_\_\_\_\_ signed by the Estate Officer \_\_\_\_\_\_\_\_\_\_\_ on the \_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_.
Together with all rights, easements and appurtenances whatsoever to the said plot belonging or pertaining to hold the premises hereby demised unto the lessee for 99 years from the date of allotment and thereafter to hold the same for such further period and on such terms and conditions as the lessor may decide and YIELDING AND PAYING THEREFORE yearly ground rent at the rate of 2- 1/2% of the premium for the next 33 years of this lease and the rate of 3-3/4% of the premium for the next 33 years and to 5% of the remaining period of the lease. The ground rent shall start accruing from the date of issue of the allotment letter, namely, the \_\_\_\_\_\_\_\_\_\_\_\_\_ day of One thousand nine hundred \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and shall become due on the first anniversary of the date of issue of allotment letter and be payable by the 10th day of the following month.
Subject always to the exceptions, reservations, convenants and conditions hereinafter contained that is to say as follows :-
(1) The lessee shall have no right to transfer by way of sale, gift, mortgage or otherwise the land or any right title or interest therein (except by way of lease on a monthly basis) without the previous permission in writing of the Estate Officer. The Estate Officer while granting such permission may impose such conditions as may be decided by the Chief Administrator from time to time.
(2) The lessor accepts and reserves upto himself all mines, minerals, coals, goldwashing, earth, oils, and quarries in or under the plot and full rights and powers at all times to do all acts and things which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the plot or for any building for the time being standing thereon, provided always that the lessor shall make reasonable compensation to the lessor for all damage directly occasioned by the exercise of the right hereby reserved or any of them.
II. The lessee for himself, heirs, executors and administrators and assigns covenants with the lessor in the manner following, that is to say :-
(1) The lessee shall pay without demand unto the lessor the yearly ground rent hereby reserved within the time herein before appointed and in the manner laid down in the said regulations.
(2) The lessee shall not deviate in any manner from the layout plan not alter the size of the plot whether by sub-divisions, amalgamation or otherwise.
(3) The lessee shall, within a period of two years from the date of offer of possession, after obtaining sanction to the building plan with necessary designs, plans and specifications from the Estate Officer, at his own expense, erect upon the plot and compete in a substantial and workmanlike manner residential/commercial/industrial building with the requisite and proper walls, sewers and drains and other conveniences in accordance with the sanctioned building plans and to the satisfaction of the Estate Officer.
(4) (a)
The lessee shall not sell or otherwise transfer his rights in the land or part thereof except with the previous permission in writing of the Estate Officer. The Estate Officer, while granting such permission may impose such conditions as may be decided by the Chief Administrator from time to time. Such a transfer shall be further subject to the condition that 50% (fifty per cent) of the unearned increase in the value of the land at the time the site is sold or transferred shall be payable to the Authority before registering such sale or transfer. The market value of the property for this purpose shall be assessed by the Estate Officer or any other officer, as may be appointed by the Chief Administrator, whose decision shall be final and binding on the lessee.
(4) (b)
In the event of the sale or foreclosure of the mortgage or charged property, the lessor shall be entitled to claim and recover fifty per cent of unearned increase in the value of the plot as aforesaid and the amount of the lessor's share of the said unearned increase shall be a first charge, having priority over the said mortgage or charge. The decision of the lessor in respect of the market value of the said plot shall be final and binding on all parties concerned :
Provided that the lessor shall have the pre-emptive rights to purchase the mortgage or charged property after deduction 60% of the unearned increase as aforesaid.
(5) The Lessor's right to the recovery of 50% of unearned increase and the pre-emptive right to purchase the property as mentioned hereinabefore shall apply equally to an involuntary sale or transfer whether it be by and through an executing or involuntary sale or transfer whether it be by and through an executing or insolvency court.
(6) Notwithstanding the restrictions, limitations and conditions as mentioned in sub-clause (4) (a) above, the lessee shall be entitled to sublet the whole or any part of the building that may be erected on the plot for purpose of \_\_\_\_\_\_\_ only on a tenancy from month to month.
(7) Whenever the right or interest of the lessee in the plot is transferred in any manner whatsoever, the transferee shall be bound by all the covenants and conditions contained herein and be answerable in all respects therefore.
(8) Whenever the right or interest of the lessee in the plot is transferred in any manner whatsoever the transferer and the transferee shall, within 3 months of the transfer, give notice of such transfer in writing to the lessor. In the event of the death of the lessee, the person on whom the title of the deceased devolved shall within 3 months of the devolution, give notice of such devolution to the lessor. The transferee or the person on whom the title devolves, as the case may be, shall supply the lessor certified copies of the document(s) evidencing the transfer of devolution.
(9) The lessee shall from and at all times pay and discharge all rates, taxes, charges and assessments of every description which may at any time hereafter during the continuance of this lease be assessed, charged or imposed upon the plot hereby demised or any building to be erected thereon or on the landlord or tenant in respect thereof.
(10) All arrears of ground rent and other payments due in respect of the plot thereby demised shall be recoverable in the manner as arrears of Land Revenue.
(11) The lessee shall in all respects comply with and be bound by the Haryana Urban Development Authority Act, 1977 (hereinafter referred to as 'the Act') as amended from time to time and the rules/regulations made thereunder.
(12) The lessee shall not without sanction or permission in writing of the proper authority erect any building or make alteration or addition such building on the plot.
(13) The lessee shall not without the written consent of the lessor, carry on or permit to be carried on, on the plot or in any building thereof any obnoxious trade or business whatsoever or use the same or permit the same to be used for any purpose other than that mentioned in this lease deed or do or suffer to be done therein anything whatsoever which in the opinion of the lessor may be a nuisance, annoyance, or disturbance to the lessor and persons living in the neighbourhood.
(14) The lessee shall at all reasonable times grant access to the plot to the Estate Officer for being satisfied that the covenants and conditions herein contained have been and are complied with.
(15) The lessee shall on the determination of this lease peaceably yield up the said plot and the building thereon upto the lessor.
(16) In the event of default in payment of ground rent, the lessee shall be liable to be proceeded against under sections 16 and 18 of the Act in case the instalment of premium or the additional price is not paid by the lessee by the due date, the lessee shall be proceeded against under section 18 of the Act.
III. If the lessee contravenes any of the terms expressed or implied under this lease deed, he shall be liable to be proceeded against under section 18 of the Act.
IV. No forfeiture or re-entry shall be affected until the lessor has served the lessee a notice in writing -
(a) Specifying the particular breach complained of, and
(b) If the breach is capable of remedy, requiring the lessee to remedy breach, and the lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy, and in the event of forfeiture or re-entry the lessor may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper.
V. All notices, directions, consents or approvals to be given under this lease shall be in writing and shall be signed by such officer as may be authorised by the Chief Administrator, and shall be considered as duly served upon the lessor or any person claiming any right to the plot if the same shall have been affixed to the building or erection whether temporary or otherwise upon the plot or shall have been delivered at present by post to the then residence, office or place of business of the lessee or such person.
VI. All powers exerciseable by the lessor under this lease may be exercised by the Chief Administrator. The lessor may also authorise any other officer to exercise all or any of the powers exercisable by him under this lease.
VII. In this lease the expression "Chief Administrator" shall mean the Chief Administrator of the Authority, as defined in clause (e) of section 2 of the Act.
VIII. The expression "The Lessor" and the "Lessee" hereinbefore used shall where the context so admits, include, in the case of lessor, his successors and assigns and in the case of lessee, his heirs, executors, administrators, or legal representatives and the person or persons in whom the lease hold interest hereby created shall for the time being be vested by assignment or otherwise.
In witness whereof the parties hereto have hereunder respectively subscribed their names at the places and on the dates hereinafter in each case specified.
Signed by the said \_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_ on the \_\_\_\_ day of \_\_\_\_\_\_ 19 \_\_.
Lessor
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One of these
witnesses must be a Magistrate (with his court seal) if the deed
is not executed before the Estate Officer
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In the presence of
witness :-
1. Name \_\_\_\_\_\_\_\_
Residence \_\_\_\_\_ Occupation \_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signatures) 2. Name \_\_\_\_\_\_\_
Residence \_\_\_\_\_\_ Occupation \_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Signatures) Signed by the said \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
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LESSEE
Lessee at \_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_
Note :- Strike out whichever is not applicable.
Form 'G'
(See Regulation 20)
Deed of lease of site and the Building erected thereon disposed of by Allotment/auction.
This Deed made this \_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_ (one thousand nine hundred and \_\_\_\_\_\_\_\_\_\_\_\_) between the Haryana Urban Development Authority acting through the Estate Officer (hereinafter called "the lessor") of the one part AND Shri \_\_\_\_\_\_\_\_\_\_ S/o \_\_\_\_\_\_\_\_\_ r/o \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the district of \_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter called "the lessee") of the other part.
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|
Strike out if not applicable
|
Whereas the lessee has applied to the lessor,
for the grant of a lease of the building, belonging to the
lessor hereinafter described and the lessor has on the faith of
the statements and representations made by the lessee, accepted
such application and has agreed to demise the said building to
the lessee in the manner hereinafter appearing.
|
|
Strike out if not applicable
|
Whereas the lessee has applied by bid at public
auction to the lessor for the grant of a lease of the building,
belonging to the lessor, hereinafter described and the lessor
has accepted such application and has agreed to demise the said
building to the lessee in the manner hereinafter appearing.
|
|
Strike out if not applicable
|
And whereas the lessee has fixed the tentative
premium of the said building disposed of by allotment at
\_\_\_\_\_\_\_\_\_. (Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_ only).
|
|
Applicable in case of disposal by allotment
only.
|
And whereas the lessor reserves the right to
enhance the tentative premium in the case of land disposed of by
allotment by the amount of the additional premium determined in
accordance with the haryana urban development (disposal of land &
building) regulations, 1978 (hereinafter referred to as the said
regulations);
|
|
Applicable in case of disposal by allotment
only.
|
And whereas the lessee, of disposed of building
by allotment, has paid the tentative premium and agrees to pay
the additional price in the manner hereinafter appearing;
|
Now This Deed Witnesseth that for the purpose of carrying into effect the said lease and in consideration of the covenants of lessee hereunder contained and of the said sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ only) paid by the lessee and the undertaking of the lessee to pay the additional premium, if any, determined to be paid by the lessee within a period of 30 days of the date of demand made in this behalf by the Estate Officer without interest or in such number of instalments with interest as may be determined by the Chief Administrator, the lessor both hereby demise unto the lessee all that building being \_\_\_\_\_\_\_\_\_. Building No. \_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_\_ area in Sq. Metres \_\_\_\_\_\_\_\_\_\_ (Sq. Yds. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) situated at \_\_\_\_\_\_\_\_\_\_\_\_\_ which building is more particularly described in the plans filed in the office of the Estate Officer \_\_\_\_\_\_\_\_\_\_ signed by the Estate Officer \_\_\_\_\_\_\_\_\_\_ on the day of \_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_. Together with all rights, easements and appurtenances whatsoever to the said building belonging or pertaining to hold the premises hereby demised unto the lessee for 99 years from the date of allotment and thereafter to hold the same for such further period and on such terms and conditions as the lessor may decide and yielding AND PAYING THEREFORE yearly ground rent at the rate of 2- 1/2 per cent of the premium for the next 33 years of the lease and at the rate of 3-3/4 per cent of the premium for the next 33 years and 5% the premium for the remaining period of the lease. The ground rent shall start accruing from the date of issue of re- allotment letter namely, the \_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ one thousand nine hundred \_\_\_\_\_\_\_\_\_\_\_ and shall become due on the first anniversary of the date of issue of allotment letter and be payable by the 10th day of the following month.
Subject always to the exceptions, reservations, covenants and conditions hereinafter contained that is to say as follows :-
### 1. The lessee shall have no right to transfer by way of sale, gift, mortgage or otherwise the land or any right, title or interest therein (except by way of lease on a monthly basis) without the previous permission in writing of the Estate Officer. The Estate Officer while granting such permission may impose such conditions as may be decided by the Chief Administrator from time to time. ###
2. The lessor accepts and reserves upto himself all mines, minerals coals, gold-washing earth, oils and quarries in or under the plot and full rights and power at all time, to do all acts and things, which may be necessary or expedient for the purpose of searching for, working, obtaining, removing and enjoying the same without providing or leaving any vertical support for the surface of the plot or for any building for the time being standing thereon, provided always that the lessor shall make reasonable compensation to the lessee for all damage directly occasioned by the exercise of the right hereby reserved or any of them.
II. The lessee for himself, heirs, executors and administrators and assigns covenants with the lessor in the manner following that is to say :
(1) The lessee shall pay without demand unto the lessor the yearly ground rent hereby reserved within the time hereinbefore appointed and in the manner laid down in the said Regulations.
(2) The lessee shall not sell or otherwise transfer his rights in the building or part thereof except with the previous permission in writing of the Estate Officer. The Estate Officer while granting such permission may impose such conditions as may be decided by the Chief Administrator from time to time. Such a transfer shall be further subject to the condition that 50% (fifty per cent) of the unearned increase in the value of land at the time the site is sold or transferred shall be payable to the Authority before registering such sale or transfer. The market value of the property for this purpose shall be assessed by the Estate Officer as may be appointed by the Chief Administrator, whose decision shall be final and binding on the lessee.
(3) In the event of the permission being given the lessor shall be entitled to claim and recover fifty per cent of the unearned increase in the value of the lease hold rights of the building at the time of transfer or assignment and decision of the lessor in respect of the market value of the said plot shall be final and building on all parties concerned :
Provided that the lessor shall have the pre-emptive rights to purchase the property after deducting 50% of the unearned increase as aforesaid.
(4) The lessor's right to the recovery of 50% of unearned increased and the pre-emptive right to purchase the property as mentioned hereinbefore shall apply equally to an involuntary sale or transfer whether it be and through an executing or insolvency court.
(5) Notwithstanding the restrictions, limitations and conditions as mentioned in subclause (4) above, the lessee shall be entitled to sublet the whole or any part of the building for the purpose of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ only on a tenancy from month to month.
(6) Whenever the right or interest of the lessee in the building transferred in any manner whatsoever the transferee shall be bound by all the covenants and conditions contained herein and be answerable in all respects therefore.
(7) Whenever the right or interest of the lessee in the building transferred in any manner whatsoever, the transferer and the transferee shall, within 3 months of the transfer, give notice of such transfer in writing to the lessor. In the event of the death of the lessee, the person on whom the title of the deceased devolves shall within 3 months of the devolution, give notice of such devolution to the lessor. The transferee or the person on whom, the title devolves, as the case may be, shall supply the lessor certified copies of the document(s) evidencing the transfer of devolution.
(8) The lessee shall from time to time and at all times pay and discharge all rates, taxes, charges and assessments of every description which may at any time hereafter during the continuance of this lease be assessed, charged or imposed upon the buildings hereby demised or on the landlord or tenant in respect thereof.
(9) All arrears of ground rent and other payments due in respect of the building hereby demised shall be recoverable in the same manner as arrears of Land Revenue.
(10) The lessee shall in all respects comply with and be bound by the Haryana Urban Development Authority Act, 1977 (hereafter referred to as the Act), as amended from time to time and the Rules/Regulations made thereunder.
(11) The lessee shall not without the written consent of the lessor, carry on or permit to be carried on, in the building at obnoxious trade or business whatsoever or use the same or permit the same to be used for any purpose other than that mentioned in this lease deed or so or defer to be done therein anything whatsoever which in the opinion of the lessor may be a nuisance, annoyance, or disturbance to the lessor and persons living in the neighbourhood.
(12) The lessee shall at all reasonable times grant access to the building to the Estate Officer for being satisfied that the covenants and conditions contained herein have been and are being complied with.
(13) The lessee shall on the determination of this lease peaceably yield up the said building unto the lessor.
(14) In the event of default in payment of ground rent, the lessee shall be proceeded against under sections 16 & 18 of the Act. In case the instalment of premium or the additional price is not paid by the lessee by the due date, the lessee shall be proceeded against under section 18 of the Act.
III. If the lessee contravenes any of the terms expressed or implied under this lease deed, he shall be liable to be proceeded against under section 18 of the Act.
IV. No forfeiture or re-entry shall be affected until the lessor has served the lessee a notice in writing -
(a) Specifying the particular breach complained of, and
(b) If the breach is capable of remedy, requiring the lessee to remedy breach, and the lessee fails within such reasonable time as may be mentioned in the notice to remedy the breach if it is capable of remedy, and in the event of forfeiture or re-entry the lessor may in his discretion relieve against forfeiture on such terms and conditions as he thinks proper.
V. All notices, orders, directions, consents or approval to be given under this lease shall be in writing and shall be signed by such officer as may be authorised by the Chief Administrator, and shall be considered as duly served upon the lessor or any person, claiming any right to the building if the same shall have been affixed to the building or shall have been delivered at or sent by post to the then residence, office or place of business of the lessee or such person.
VI. All powers exercisable by the lessor under this lease may be exercised by the Chief Administrator. The lessor may also authorise any other officer to exercise all or any of the powers exerciseable by him under this lease.
VII. In this lease the expressions "Chief Administrator" shall mean the Chief Administrator of the Authority, as defined in clause (e) of section 2 of the Act.
VIII. The expression "The Lessor" and the "Lessee" hereinbefore used shall where the context so admits, include, in the case of lessor, his successors and assigns and in the case of the lease, his heirs, executors, administrators, or legal representatives and the person or persons in whom the lease hold interest hereby created shall for the time being be vested by assignment or otherwise.
[Form 'H']
[Form 'H' added by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
(See Regulation 16-A)
Application for to be made for rendering non-nuisance professional consultancy services
### 1. Name of the Applicant/allottee \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
2. Premises No., size, sector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
### 3. Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
4. Details of built up area \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
### 5. Copy of approved building plan showing duly marked area upon which mixed land use is applicable \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
6. Whether occupation certificate has been issued, if so, attested copy thereof be attached \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
### 7. Detail of profession \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
8. Detail of anticipated visitors \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
### 9. Working hours of consultancy \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ###
10. Detail of fee, equal to 10% D.D. No., Name of Bank, Receipt No . \_\_\_\_\_\_\_.
### 11. Affidavit to the effect that he shall abide by all the terms and conditions, which shall be imposed by HUDA from time to time \_\_\_\_\_\_\_\_\_\_\_\_\_\_. Signature of applicant
Place :
Date :
Note :- In case the applicant makes the total fee in lump sum, 10% rebate will be given.
To
The Estate Officer,
Haryana Urban Development Authority,
[Form 'I']
[Form 'H' added by Haryana Government Notification No. 1019 dated 12.1.1999, see Haryana Gazette Part III dated 2.2.1999.]
(See Regulation 16-B)
From
The Estate Officer
Haryana Urban Development Authority,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
To
M/s/Sh./Smt. \_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Memo No. ED : PCS/\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Dated : \_\_\_\_\_\_\_
Subject : Permission to provide Non-nuisance consultancy services in the residential premises.
This is with reference to your application dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
### 2. Permission is hereby granted to provide \_\_\_\_\_\_\_\_\_\_\_\_\_\_ services, within the premises of your land/house bearing No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sector \_\_\_\_\_\_\_\_\_ Urban Estate \_\_\_\_\_\_\_\_\_\_\_\_\_\_. The above permission shall be subject to the following terms and conditions : (1) You can use the premises of your house upto 25% of the covered area of the premises or 50 square metre whichever is less for the purpose.
(2) Total fee payable for a period of 5 years is Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ which is payable in two instalments; as per detail given below :-
(i) Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ after adjusting Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ paid with the application, within 30 days from the date of issuance of this letter.
(ii) The Second instalment of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ shall be deposited by \_\_\_\_\_\_\_ failing which the permission shall stand cancelled.
(3) Water & Electricity charges for such premises to the extent that is being used for non-residential use would be charged at commercial rates.
(4) The permission given by HUDA would be valid for a period of 5 years which may be renewed thereafter for a further period of 5 years on payment of renewal fee, @ 10% of total fee which will be recorded in the 6th year at the time of renewal.
(5) The owner of a premises where mixed land is used permitted should accept any other condition such as restriction with respect to provision of parking, advertisement etc.
(6) Haryana Urban Development Authority can withdraw the permission given for mixed land use at any point of time if the percentage area permitted under mixed land use is found to exceed the stipulated limit or for any other reason in the public interest.
(7) That the permission shall also be governed by the provisions of Haryana Urban Development Authority Act, rules & regulations framed thereunder.
(8) That the owner of buildings shall not further sublet/lease out the premises for which permission is being granted.
Estate Officer,\_\_\_\_\_\_\_\_\_\_\_\_\_
Haryana Urban Development Authority.]
|
65b9ecd1ab84c7eca86ea40d | acts |
State of West Bengal - Act
----------------------------
The Indian College Of Arts And Draftsmanship (Taking Over Of Management) Act, 1977
------------------------------------------------------------------------------------
WEST BENGAL
India
The Indian College Of Arts And Draftsmanship (Taking Over Of Management) Act, 1977
====================================================================================
Act 35 of 1977
----------------
* Published on 7 March 1978
* Commenced on 7 March 1978
The Indian College Of Arts And Draftsmanship (Taking Over Of Management) Act, 1977
West Bengal Act
35 of 1977
[7th March, 1978.]
Assent of the President was first published in the Calcutta Gazette, Extraordinary, dated the 7th March, 1978.
An Act to provide for the taking over, in the public interest, of the management of the undertaking of the institution known as the Indian College of Arts and Draftsmanship at 139, Dharamtola Street, Calcutta, for a limited period, with a view to ensuring proper management thereof for promotion of art and culture, and for matters connected therewith or incidental thereto;
Whereas it is expedient to provide for the taking over, in the public interest, of the management of the undertaking of the institution known as the Indian College of Arts and Draftsmanship at 139, Dharamtola Street, Calcutta, for a limited period, with a view to ensuring proper management thereof for promotion of art and culture, and for matters connected therewith or incidental thereto;
It is hereby enacted as follows :-
### 1. Short title.
- This Act may be called the Indian College of Arts and Draftsmanship (Taking over of Management) Act, 1977.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "appointed day" means the date of publication of the order made under section 3;
(b) "bank" means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 and includes the State Bank of India constituted under the State Bank of India Act, 1955, a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, a corresponding new bank as defined in clause (d) of section 2 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949 and also includes any other financial institution which may be notified in this behalf by the State Government;
(c) "the institution" means the Indian College of Arts and Draftsmanship at 139, Dharamtola Street, Calcutta, a society registered under the Societies Registration Act, 1860;
(d) "the undertaking of the institution" shall be deemed to include all rights, powers, authorities and privileges of the institution and all properties movable or immovable, cash balances, reserve funds and other assets of the institution including furniture, stores, models, equipments, libraries, art materials, apparatus, tools, instruments, implements or any other property which may be in the ownership, possession, custody or control of the institution in relation to its undertaking immediately before the appointed day and all books of accounts, registers and other documents of whatever nature relating thereto;
(e) "prescribed" means prescribed by rules made under this Act.
### 3. Taking over of management of the undertaking of the institution.
(1) The State Government may, by an order published in the Official Gazette, take over the management of the undertaking of the institution and appoint an officer not below the rank of an Executive Magistrate or any Lecturer of not less than five years' standing of any university, or any college affiliated to any university, in West Bengal (hereinafter referred to as the Administrator) for managing the undertaking of the institution in accordance with the provisions of this Act and the rules made thereunder.
(2) An order made under sub-section (1) shall remain in force for a period of [four years]
[Words substituted for the words 'two years' by W.B. Act 14 of 1980.]
from the date of its publication in the Official Gazette.
### 4. General effect of an order made under section 3.
(1) The State Government may, if it is satisfied that it is necessary or expedient so to do, direct, by notification, that the operation of all contracts, assurances of property, agreements, settlements, awards, standing orders or the instruments in force in relation to the institution immediately before the appointed day, shall remain suspended and all rights, privileges, obligations and liabilities accruing or arising thereunder before the said date shall remain suspended or shall be enforceable with such modifications and in such manner as may be specified in such notification.
(2) A notification issued under sub-section (1) shall have effect notwithstanding anything to the contrary contained in any other law, agreement or instrument or any decree or order of any court, tribunal, officer or other authority.
(3) Any remedy for the enforcement of any right, privilege, obligation or liability referred to in sub-section (1) and suspended or modified by a notification under that sub-section shall, in accordance with the terms of the notification, remain suspended or modified, and all proceedings relating thereto pending before any court, tribunal, officer or other authority shall accordingly be stayed or be continued subject to such modification so, however, that on the notification ceasing to have effect -
(a) any right, privilege, obligation or liability so suspended or modified shall revive and be enforceable as if the notification had never been issued; and
(b) any proceeding so stayed shall be proceeded with subject to the provisions of any law which may then be in force from the stage which had been reached when the proceeding was stayed.
(4) In computing the period of limitation for the enforcement of any right, privilege, obligation or liability referred to in sub-section (1), the period during which it or the remedy for the enforcement thereof was suspended, shall be excluded.
(5) With effect from the appointed day the Administrator shall have all the powers of management in relation to the institution.
(6) All persons in charge of the management of the undertaking of the institution, immediately before the appointed day, shall be deemed to have vacated their offices on the appointed day.
(7) Notwithstanding anything contained in any law for the time being in force, no person in respect of whom any contract of management or other arrangement is terminated by reason of the provisions contained in sub-section (1), or who ceases to hold any office by reason of the provisions contained in sub-section (6), shall be entitled to claim any compensation for the premature termination of the contract of management or other arrangement or for the loss of office, as the case may be.
(8) Every person in whose possession or custody or under whose control the undertaking of the institution or any part of it may be immediately before the appointed day shall, on the appointed day, deliver possession of the said undertaking or part thereof to the Administrator or to such person or authority as may be specified by the Administrator in this behalf.
(9) Any person who, on the appointed day, has in his possession or under his control any books, papers or other documents relating to the undertaking of the institution including minute books, cheque books, letters, memoranda, notes or other communications shall, notwithstanding anything contained in any law for the time being in force, be liable to account for such books papers and other documents or the minute books, cheque books, letters, memoranda, notes or other communications to the Administrator and shall deliver them up to the Administrator or to any such person or authority as may be specified by the Administrator in this behalf.
(10) The State Government may take, or cause to be taken, all necessary steps for securing the possession of the undertaking of the institution the management of which has been taken over by it under section 3.
(11) Every person in charge of the management of the undertaking of the institution immediately before the appointed day shall, within ten days from that day or within such further period as the State Government may allow in this behalf, furnish to the Administrator a complete inventory of all the properties and assets forming part of the undertaking of the institution immediately before the appointed day and of all the liabilities and obligations of the institution in relation to its undertaking subsisting immediately before that day and also of all agreements entered into by such institution in relation to its undertaking and in force immediately before that day.
(12) Notwithstanding anything contained in sub-section (1), every person employed in connection with the undertaking of the institution, who has been in such employment immediately before the appointed day, shall continue to hold office after the appointed day with the same rights as to pay, leave, pension, gratuity and all other matters, unless and until his employment in such undertaking is terminated or the terms and conditions of employment are altered by the State Government in accordance with such rules as may be prescribed.
### 5. Power to appoint persons.
(1) The State Government may appoint one or more persons, to be called Deputy Administrators, to assist the Administrator, and other persons for carrying out the purposes of this Act.
(2) A Deputy Administrator shall exercise such powers and discharge such duties as may be assigned to him by the Administrator.
### 6. Use of properties under the management of the State Government.
- All properties which remain under the management of the State Government under this Act shall be used for the purposes for which they were being used immediately before the appointed day and upon the expiry of the period of [four years]
[Words substituted for the words 'two years' by W.B. Act 14 of 1980.]
the management of such properties shall revert to the institution.
### 7. Penalty.
(1) Any person who -
(a) contravenes any of the provisions of sub-section (8), (9) or (11) of section 4, or
(b) wilfully obtains possession of any property forming part of the undertaking of the institution, or
(c) wilfully withholds or fails to produce to any person authorised under this Act, any register, record or other document which may be in his possession, custody or control, or
(d) fails without any reasonable cause to submit any accounts, books or other documents when required to do so,
shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.
(2) All offences under this section shall be cognizable.
### 8. Power of the Administrator to institute, to defend suits and proceeding.
- The Administrator shall have the power to institute, defend or take part in any suit or proceeding by or against the institution relating to the undertaking of the institution.
### 9. Advances by the State Government.
(1) The State Government may, on the application made by the Administrator in this behalf, advance monies to the institution for the purpose of efficiently managing the affairs of the institution and all such monies shall be repaid by the institution with such interest as may be prescribed.
(2) Any money advanced by the State Government under sub-section (1) shall, subject to the prior payment of monthly rates and any sum due to the Central or State Government or to any bank, on any account whatsoever, be a first charge upon the undertaking of the institution.
### 10. Protection of action taken under the Act.
- No suit, prosecution or other legal proceeding shall lie against the State Government or the Administrator or any other person for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.
### 11. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act the State Government may take such steps or issue such directions not inconsistent with this Act as may be necessary for the removal of such difficulty.
### 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, such rules may provide for -
(a) the management of the undertaking of the institution,
(b) the terms and conditions of service of the Administrator, Deputy Administrators and other persons appointed for carrying out the purposes of this Act, and
(c) any other matter which has to be, or may be, prescribed.
|
65b9a705ab84c7eca86e98d7 | acts |
State of Haryana - Act
------------------------
Maharishi Balmiki Sanskrit University, Kaithal Act, 2018
----------------------------------------------------------
HARYANA
India
Maharishi Balmiki Sanskrit University, Kaithal Act, 2018
==========================================================
Act 20 of 2018
----------------
* Published on 9 May 2018
* Commenced on 9 May 2018
Maharishi Balmiki Sanskrit University, Kaithal Act, 2018
(Haryana Act
No. 20 of 2018
)
[Dated 9.5.2018]
Haryana Government
Law and Legislative Department
No. Leg. 23/2018. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 27th March, 2018 and is hereby published for general information: -
An Act to establish and incorporate a teaching-cum-affiliating University at Kaithal to facilitate and promote higher education with special emphasis in Sanskrit Literature, Vedas, Philosophy, Indian Culture and Indic Languages and also to achieve excellence in these and connected fields.
Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called Maharishi Balmiki Sanskrit University, Kaithal Act, 2018.
(2) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
### 2. Definitions.
- In this Act and in all Statues, Ordinances and Regulations made thereunder, unless the context otherwise requires,-
(a) "college" means a college maintained by, affiliated by or admitted to the privileges of, the University under this Act;
(b) "employee" means any person appointed by the University, and includes teachers and all other staff of the University;
(c) "Government" means the Government of the State of Haryana;
(d) "institution" means an academic institution, not being a college, maintained by, or admitted to the privilege of the University;
(e) "Indic language" means the language from different parts of India such as Dravidian etc.;
(f) "principal" means the head of a college, and includes, when there is no principal, a vice-principal duly appointed as such and in the absence of the principal or the vice-principal the person for the time being duly appointed to act as the principal;
(g) "recognised teachers" mean such persons as are approved by the University for the purpose of imparting instruction in a college or an institution admitted to the privileges of the University;
(h) "Statutes", "Ordinances" and "Regulations" mean respectively the Statutes, Ordinances and Regulations of the University made under this Act;
(i) "University" means Maharishi Balmiki Sanskrit University, Kaithal as incorporated under this Act; and
(j) "University teachers" mean professors, associate professor, assistant professor and such other persons, as may be appointed for imparting instructions or conducting research in the University or in any college or institution maintained by the University and are designated as teachers by the Ordinances.
### 3. Incorporation.
(1) There shall continue to be a body corporate by the name of Maharishi Balmiki Sanskrit University, Kaithal comprising of the Chancellor and the Vice-Chancellor of the University, and the members of the Court, the Executive Council and the Academic Council and all persons, who may hereafter become or be appointed as such officers or members, so long as they continue to hold such office or membership.
(2) The University shall have perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may by the said name sue or be sued.
### 4. Territorial exercise of powers.
(1) The limits of the area within which the university shall exercise its powers shall be such as the Government may, from time to time, by notification, specify.
(2) Notwithstanding anything contained in any other law for the time being in force, any college situated within the limits of the area specified under sub-section (1) shall, with effect from such date as may be notified in this behalf by the Government, be deemed to be associated with, and admitted to, the privileges of the University and shall cease to be associated in any way with, or be admitted to any privileges of any other University, and different dates may be notified for different colleges:
Provided that -
(i) any student of any college associated with, or admitted to, the other university before the said date, who was studying for any degree or diploma examination of that university, shall be permitted to complete his course in preparation thereof and the university shall hold for such students, examinations in accordance with the curricula of study in force in that university for such period, as may be prescribed;
(ii) any such student may, until any such examination is held by the University, be admitted to the examination of the other university and be conferred the degree, diploma or any other privilege of that university for which he qualifies on the result of such examination.
### 5. Bar on conferring, granting or issuing degrees, diplomas or certificates by unauthorized institutions.
(1) Notwithstanding anything contained in this Act or any other law for the time being in force, no person or institution, other than the University, shall confer, grant, issue or hold himself or itself out as entitled to confer, grant or issue any degree, diploma or certificate in the specified areas of knowledge assigned to it within the territorial jurisdiction of the University which is identical with or is a colourable imitation of any degree, diploma or certificate conferred, granted or issued by the University.
(2) Contravention of the provisions of sub-section (1) shall be an offence.
(3) Where an offence under this section has been committed by an institution, every person, incharge of and responsible to the institution 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 as per the University rules.
(4) Notwithstanding anything contained in sub-section (3), where an offence made under this section has been committed by an institution 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 partner, director, manager, secretary or other officer of the institution, such partner, director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purpose of this section "institution" means any body corporate and includes a firm or other association of individuals.
### 6. Powers and functions of University.
- The University shall exercise the following powers and perform the following functions, namely: -
(a) to provide for research and instruction in such branches of learning as the University may think fit and to take such steps, as it considers necessary for the advancement of learning and dissemination of knowledge;
(b) to hold examinations and grant such degrees, diplomas and other academic distinctions or titles to persons as may be laid down in the Statutes, Ordinances or Regulations;
(c) to confer honorary degrees or other distinctions on approved persons in the manner laid down in the Statutes;
(d) to institute prizes, medals, research studentships, exhibitions and fellowships;
(e) to receive gifts, donations or benefactions from the Government and to receive gifts, donations and transfers of movable or immovable property from transferors, donors, testators, as the case may be; and to create such corpus fund with the donations so received for the welfare of the University;
(f) to institute principalship, professorship, associate professorship, assistant professorship and to create other posts of any description required by the University and to appoint persons to such posts;
(g) to co-operate with educational and other institutions in India and abroad having objectives similar to those of the University in such manner, as may be conducive to their common goals;
(h) to provide instructions, including correspondence and such other courses to such persons, as are not members of the University, as it may determine;
(i) to recognize persons for imparting instructions in any college or institution admitted to the privileges of the University;
(j) to maintain colleges located within the limits of the area referred to in Sub-section (1) of section 4 or, subject to the provisions of sub-section (2) of that section, admit to its privileges colleges not maintained by the University but located within the said area and to withdraw the same;
(k) to borrow money with the approval of the Government, on the security of the property of the University, for the purposes of the University;
(l) to supervise, control and regulate the residence, conduct and discipline of the students of the University and of colleges and institutions within the jurisdiction of the University;
(m) to deal with any property belonging to or vested in the University, in such manner, as the University may deem fit for advancing the objects of the University;
(n) to assess the needs of the State and country in terms of subjects, fields of specialization, levels of education and training of manpower both on short and long term basis and to initiate necessary programmes to meet those needs;
(o) to organize advanced studies and research programmes based on a deep understanding of the trends in such branches of learning, as the University may think fit;
(p) to promote training research, design and developmental activities that have a relevance to social needs and the development programmes of the State;
(q) to initiate measures to enlist the co-operation of industries and Government employees to provide complementary facilities;
(r) to provide for continuous experimentation in imparting knowledge, organization of training and preparation of text- books and other instructional materials;
(s) to arrange for progressive introduction of continuous evaluation and re-orientation of the subjects in educational measurement;
(t) to further entrepreneurial ability among its students;
(u) to educate the public with regard to the requirement of, and opportunities for the advancement of learning and dissemination of knowledge;
(v) to make special arrangements for the education of students and the students belonging to such weaker sections of the society, in particular Scheduled Castes and Scheduled Tribes, as the University may consider desirable;
(w) to frame Statutes, Ordinances or Regulations and alter, modify or rescind the same for all or any of the aforesaid purposes;
(x) to do all such things, as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University.
### 7. University open to all races, castes and creeds.
- The University shall be open to all irrespective of sex, race, creed, caste or class and no test or condition shall be imposed as to religion, belief or profession in admitting or appointing members, students, teachers, workers, or in any other connection whatsoever and no benefaction shall be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and objectives of this provisions:
Provided that nothing contained in this section shall be deemed to prevent the University from making any special provisions in respect of weaker sections of the society and in particular Scheduled Castes and Scheduled Tribes.
### 8. Teaching of University.
- All teaching and training in the University shall be conducted in Sanskrit language and in the name of the University, in accordance with the Statutes, Ordinances and Regulations made in this behalf.
### 9. Officers of University.
- The following shall be the officers of the University, namely: -
(i) the Chancellor;
(ii) the Vice-Chancellor;
(iii) the Registrar; and
(iv) such other persons in the service of the University, as may be declared by the Statutes to be Officers of the University.
### 10. Chancellor.
(1) The Governor of Haryana by virtue of his office shall be the Chancellor of the University.
(2) The Chancellor shall be the head of the University.
(3) The Chancellor shall, if present, preside over the convocation of the University for conferring degrees and meetings of the Court.
(4) The Chancellor shall have the right -
(i) to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories and equipment and of any college or institution maintained by the University and also of the examinations, teaching and other work conducted or done by the University; and
(ii) to cause an inquiry to be made in like manner in respect of any matter connected with the administration of finances of the University, colleges or institutions.
(5) The Chancellor shall, in every case, give notice to the University of his intention to cause an inspection or inquiry to be made and on receipt of such notice, the University shall have the right to make such representation to the Chancellor, as it may consider necessary.
(6) After considering the representation, if any, made by the University, the Chancellor may cause to be made such inspection or inquiry, as is referred to in sub-section (4).
(7) Where any inspection or inquiry has been caused to be made by the Chancellor, the University shall be entitled to appoint a representative who shall have the right to be present and to be heard at such inspection or inquiry.
(8) The Chancellor may, if the inspection or inquiry is made in respect of the University or any college or institution maintained by it, address the Vice-Chancellor with reference to the result of such inspection or inquiry, and the Vice-Chancellor shall communicate to the Executive Council the views of the Chancellor and the action to be taken thereon as advised by the Chancellor.
(9) The Executive Council shall communicate through the Vice-Chancellor to the Chancellor such action, if any, as it proposes to take or has taken upon the result of such inspection or inquiry.
(10) Where the Executive Council does not, within a reasonable time, take action to the satisfaction of the Chancellor, the Chancellor may, after considering any explanation furnished or representation made by the Executive Council, issue such directions, as he may think fit and the Executive Council shall comply with such directions.
(11) Without prejudice to the foregoing provisions of this section, the Chancellor may, by order in writing, annul any proceeding of the University, which in his opinion is not in conformity with this Act, the Statutes, the Ordinances or the Regulations:
Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made, and if any cause is shown within a reasonable time, he shall consider the same.
(12) The Chancellor may, at any time require or direct the University to act in conformity with the provisions of this Act and the Statutes, Ordinances and Regulations made thereunder.
(13) The power exercised by the Chancellor under Sub-sections (11) and (12) shall not be called in question in any civil court.
(14) Any employee of the University, who is aggrieved by the decision of the Executive Council or the Vice-Chancellor in respect of any disciplinary action taken against him, may address a memorial to the Chancellor in such manner, as may be prescribed by Statutes and the decision of the Chancellor shall be final.
(15) The Chancellor shall have such other powers, as may be prescribed by the Statutes.
### 11. Vice-Chancellor.
(1) The Vice-Chancellor shall be appointed solely on academic considerations. He shall be a distinguished educationist having commitment to the values for which the University stands and abilities to provide leadership to the University by his academic worth, administrative competence and moral stature and preferably an eminent Sanskrit scholar devoted to deliver for the cause of upliftment of Sanskrit language and literature.
(2) The Government shall constitute a Selection Committee consisting of one nominee of the Chancellor and two nominees of the Executive Council, which shall prepare a panel of at least three names, in alphabetical order, from which the Chancellor shall appoint the Vice-Chancellor, on the advice of the Government. The terms and conditions of the service of the Vice-Chancellor shall be determined by the Chancellor, on the advice of the Government.
(3) The Vice-Chancellor shall hold office for a period of three years which may be renewed for not more than one term:
Provided that no person shall be appointed to, or continue in the office of the Vice-Chancellor, if he has attained the age of sixty-eight years.
(4) The Chancellor may, on the advice of the Government, cause an inquiry to be held in accordance with the principles of natural justice and remove the Vice-Chancellor from office, if he is found on such inquiry, to be a person patently unfit to be continued in such office.
(5) If the Vice-Chancellor is unable to perform his duties owing to his temporary incapacity on account of illness or any other reason or the office of the Vice-Chancellor falls vacant due to death, resignation or otherwise, the Chancellor may make arrangements for the performance of duties of the Vice-Chancellor until the existing Vice-Chancellor is able to resume his office or until a regular Vice-Chancellor is appointed, as the case may be:
Provided that where the arrangement is made on account of death resignation or otherwise, the period shall not exceed six months and regular appointment shall be made within this period.
(6) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(7) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act, except in the matters involving creation or abolition of a Faculty, Department, or post, the matter involving appointment or removal of an employee:
Provided that the Vice-Chancellor before exercising powers under this section shall record in writing the reasons, why the matter cannot wait till the meeting of the authority concerned:
Provided further that if the authority concerned is of the opinion that such action ought not to have been taken, it may refer the matter to the Chancellor, whose decision thereon shall be final:
Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to represent to the Executive Council within one month from the date on which decision on such action is communicated to him and thereupon the Executive Council may confirm, modify or reverse the action taken by the Vice-Chancellor. The employee shall be informed that the action has been taken under emergency powers.
(8) The Vice-Chancellor shall exercise such other powers and perform such other duties, as may be prescribed by the Statutes or Ordinances.
### 12. Registrar.
(1) The Registrar preferably an eminent Sanskrit scholar devoted to deliver for the cause of upliftment of Sanskrit language and literature shall be appointed by the Chancellor on the advice of the Government. The terms and conditions of service of Registrar shall be determined by the Chancellor, on the advice of the Government.
(2) The Registrar shall be the Chief Administrative Officer of the University. He shall work directly under the superintendence, direction and control of the Vice-Chancellor.
### 13. Appointment of first Vice-Chancellor and first Registrar.
- Notwithstanding anything contained in this Act, the first Vice-Chancellor and the first Registrar shall be appointed by the Chancellor on the advice of the Government for such period not exceeding three years, as deemed appropriate by the Government.
### 14. Other officers.
- The manner of appointment and powers and duties of other officers of the University shall be such, as may be prescribed by the Statutes.
### 15. Creation of teaching and non-teaching posts.
- Notwithstanding anything contained in this Act, the University shall not create any teaching and non-teaching post or revise the pay scale of the teaching and non-teaching employees without obtaining the prior approval of the Government.
### 16. Authorities of University.
- The following shall be the authorities of the University, namely: -
(i) the Court;
(ii) the Executive Council;
(iii) the Academic Council;
(iv) the Finance Committee;
(v) the Faculties;
(vi) the Academic Planning Board; and
(vii) such other authorities, as may be declared by the Statutes to be the authorities of the University.
### 17. Court.
(1) The constitution of the Court and the term of office of its members shall be prescribed by the Statutes.
(2) Subject to the provisions of this Act, the Court shall have the following powers and functions, namely:-
(a) to review from time to time, the broad policies and programmes of the University and to suggest measures for the improvement and development of the University;
(b) to consider and pass resolution on the annual report, annual budget and the annual accounts of the University and on the audit report of such accounts;
(c) to advise the Chancellor in respect of any matter which may be referred to it for advice; and
(d) to perform such other functions, as may be prescribed by the Statutes.
### 18. Executive Council.
(1) The Executive Council shall be the principal executive body of the University.
(2) The constitution of the Executive Council, the term of office of its members and its powers and duties shall be such, as may be prescribed by the Statutes.
### 19. Acadmic Council.
(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, co-ordinate and exercise general supervision over all academic policies of the University.
(2) The constitution of the Academic Council, the term of office of its members and its powers and duties shall be such, as may be prescribed by the Statutes.
### 20. Faculties.
- The constitution and functions of the Faculties shall be such, as may be prescribed by the Statutes.
### 21. Finance Committee.
- The constitution of the Finance Committee, the term of office of its members and its powers and duties shall be such, as may be prescribed by the Statutes.
### 22. Academic Planning Board.
- The constitution and functions of the Academic Planning Board shall be such, as may be prescribed by the Statutes.
### 23. Status and their scope.
- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:-
(a) the constitution, powers and functions of the authorities and other bodies of the University, as may be constituted from time to time;
(b) the classification, mode of appointment, powers and duties of the teachers and the officers of the University;
(c) the conditions of the service including, provision for pension or provident fund or insurance schemes for the benefit of the employees of the University;
(d) the conferment of honorary degrees;
(e) the establishment and abolition of Faculties and Departments;
(f) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes;
(g) the maintenance of discipline among the students;
(h) the conditions under which colleges and institutions may be admitted to the privileges of the University and the withdrawal of the same;
(i) the delegation of powers vested in the authorities or officers of the University; and
(j) all other matters which by this Act, are to be or may be provided for, by the Statutes.
### 24. Statutes how made.
(1) On the commencement of this Act, the Statutes of the University shall be those as set out in the Schedule:
Provided that the authorities of the University constituted under the Statutes framed before the commencement of this Act shall continue to exercise all the powers and perform all the functions under this Act till such authorities are constituted in terms of the Statutes set out in the Scheduled referred to above.
(2) The Government of Executive Council may, from time to time, make new or additional statutes or may amend or repeal the Statutes in the manner hereinafter provided in this section:
Provided that the Executive Council shall not make, amend or repeal any Statute, affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Executive Council.
(3) The Academic Council may propose to the Executive Council a draft of any Statute relating to academic matters for consideration by the Executive Council.
(4) Every new Statute or addition to the Statute or any amendment or repeal of a Statute shall require the approval of the Chancellor who may approve, disapprove or remit it for further consideration. A Statute passed by the Executive Council shall have no validity until it has been assented to by the Chancellor.
(5) Notwithstanding anything contained in the foregoing Sub-sections, the Chancellor, either suo moto or on the advice of the Government, may direct the Executive Council, to make, amend or repeal the Statutes in respect of any matter specified by him and if the Executive Council fails to implement such a direction within sixty days of its receipt, the Chancellor may, after considering the reasons, if any, communicated by the Executive Council for its inability to comply with such direction, make, amend or repeal the Statutes suitably.
### 25. Ordinances and their scope.
- Subject to the provisions of this Act and the Statutes, the Ordinances may provide for all or any of the following matters, namely: -
(a) the admission of students to the University and their enrolment as such;
(b) for admission to the examinations, degrees and diplomas of the University and further to make progressively the fee structure so flexible that the courses could become self-financing to the extent possible;
(c) the conditions under which students shall be admitted to the degree, diploma or other courses and to the examinations of the University and the eligibility for such degrees, diplomas and certificates;
(d) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and other courses of the University; and further to make progressively the fee structure so flexible that the courses could become self-financing to the extent possible;
(e) the conditions of the award of fellowships, studentships, exhibitions, medals and prizes;
(f) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(g) the conditions of residence of students of the University; and
(h) all other matters which by this Act or the Statutes are to be made or may be provided for by the Ordinances.
### 26. Ordinance how made.
(1) The Ordinances shall be made, amended, repealed or added to by the Executive Council:
Provided that no Ordinance shall be made -
(i) affecting the admission or enrolment of students or prescribing examinations to be recognized as equivalent to the University examinations; and
(ii) affecting the conditions, mode of appointment or duties of examiners or the conduct or standard of examination or any courses of study,
unless the draft of such Ordinance has been proposed by the Academic Council.
(2) The Executive Council may return to the Academic Council for reconsideration, either in whole or in part, any draft proposed by the Academic Council under sub-section (1) alongwith its suggestions:
Provided that the Executive Council shall not amend the draft proposed by the Academic Council itself. It may, however, reject such draft when submitted to it by the Academic Council for the second time.
(3) All Ordinances made by the Executive Council shall have effect from such date, as it may direct and every Ordinance made shall be communicated, as soon as may be, to the Chancellor.
### 27. Regulations.
(1) The authorities of the University may make Regulations consistent with this Act, the Statutes and the Ordinances -
(a) laying down the procedure to be observed at their meetings; and
(b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by Regulations.
(2) Every authority of the University shall make Regulations providing for giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for keeping the record of the proceedings of the meetings.
### 28. Annual report.
- The annual report of the University giving details of broad programmes, policies and finances, amendments of Statutes and Ordinances made during the year under report, shall be prepared under the directions of the Executive Council and shall be submitted to the Court on or after such date, as may be prescribed by the Statutes and the Court shall consider the report in its annual meeting.
### 29. Annual accounts.
(1) The annual accounts and the balance sheet of the University shall be prepared under the directions of the Executive Council and shall at least once in every year and at intervals of not more than fifteen months be audited by the Director, Local Audit, Haryana or any other auditor that may be appointed by the Government. The annual accounts when audited shall be published in the Haryana Government Gazette and a copy of the annual accounts alongwith the report of the Director, Local Audit, Haryana or the Auditor shall be submitted to the Court and the Chancellor alongwith the observations of the Executive Council. Any observations made by the Chancellor on the annual accounts shall be brought to the notice of the Court and observations of the Court, if any, shall after being considered by the Executive Council, be submitted to the Chancellor.
(2) The annual accounts and the balance sheet of the University shall also be submitted to the Government at the time of its submission to the Chancellor.
### 30. Condition of service of officers and teachers.
(1) Every salaried officer and teacher, except the Vice-Chancellor, shall be appointed under a contract, which shall be lodged with the University and any dispute arising out of a contract between the University and any of the officers or teachers shall, at the request of the teacher or officer concerned or at the instance of the University, be referred to a Tribunal of arbitration consisting of one member appointed by the Executive Council, one member nominated by the officer or teacher concerned and one nominee of the Chancellor. The decision of the majority of the members of the Tribunal shall be final and no suit shall lie in any civil court in respect of the matter decided by the Tribunal.
(2) Every such request shall be deemed to be a submission to arbitration within the meaning of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996).
### 31. Pension, provident fund and insurance fund.
(1) The University shall institute, for the benefit of its officers, teachers and other employees, such pension, provident fund and insurance fund, as it may deem fit.
(2) Where any provident fund and insurance fund have been so constituted, the provisions of the Provident Fund Act, 1925 (Central Act 19 of 1925), shall be applicable to it as if it were a Government Provident Fund.
### 32. Vacancy not to invalidate proceedings.
- No act done or proceeding taken under this Act by any authority or other body of the University shall be invalid merely on the ground-
(a) of any vacancy or defect in the constitution of the authority or body; or
(b) of any defect or irregularity in election, nomination or appointment of a person acting as a member thereof; or
(c) of any defect or irregularity in such act or proceeding, not affecting the merits of case.
### 33. Certain disputes to be referred to Chancellor.
- If any question arises whether any person has been duly elected or appointed as, or is entitled to be, a member of any authority or other body of the University, the matter shall be referred to the Chancellor, whose decision thereon shall be final.
### 34. Power to remove difficulties.
- If any difficulty arises with respect to the establishment of the University or in connection with the first meeting of any authority of the University or otherwise in first giving effect to the provisions of this Act, the Government may, at any time, before any authority of the University has been constituted, by order, make any appointment or do anything consistent, so far as may be, with the provisions of this Act, which appears to it necessary or expedient for the purposes of removing the difficulty and every such order shall have effect as if such appointment or action had been made or taken in the manner provided in this Act.
### 35. Protection of action taken in good faith.
- No suit or other legal proceedings shall lie against any officer or employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or Ordinances.
The Schedule
(Statutes of Maharishi Balmiki Sanskrit University, Kaithal)
(see section 24)
### 1. Powers and duties of Vice-Chancellor. - (i) The Vice-Chancellor shall be ex-officio Chairman of the Executive Council, the Academic Council and the Finance Committee and shall, in the absence of the Chancellor, preside over the convocations of the University held for conferring degrees and over the meetings of the Court. The Vice-Chancellor shall be entitled to be present at, and to address, any meeting of any authority or other body of the University, but shall not be entitled to vote thereat, unless he is the member of such authority or body. (ii)
It shall be the duty of the Vice-Chancellor to see that the provisions of the Act, the Statutes, the Ordinances and the Regulations are duly observed and shall take all necessary steps to ensure such observance.
(iii) The Vice-Chancellor shall have the power to convene or cause to be convened meetings of the Court, the Executive Council, the Academic Council and the Finance Committee and any other authority or body of the University.
(iv) The Vice-Chancellor shall exercise general control over the affairs of the University and shall give effect to the decisions of the authorities of the University.
(v) The decision of the Vice-Chancellor regarding seniority for nomination to the various authorities or bodies of the University shall be final.
### 2. Registrar. - (i) The Registrar shall be ex-officio Secretary of the Executive Council and Faculties but shall not be deemed to be a member of any of these authorities and shall be ex-officio Member-Secretary of the Court and the Academic Council. (ii)
When the office of the Registrar is vacant or when the Registrar is by reason of illness or any other cause is unable to perform the duties of the office, the duties of the office shall be performed by such person, as the Vice-Chancellor may appoint temporarily for the purpose till the regular appointment is made by the Chancellor on the advice of the Government:
Provided that where the temporary arrangement is made against the vacancy, the period for such temporary arrangement shall not exceed six months and the Registrar shall be appointed within this period.
(iii) It shall be the duty of the Registrar-
(a) to be the custodian of the records, common seal and such other property of the University, as the Vice-Chancellor shall commit to his charge;
(b) to issue all notices convening meetings of the Court, the Executive Council, the Academic Council, the Faculties and of any committee appointed by any authority of the University;
(c) to keep the minutes of all meetings of the Court, the Executive Council, the Academic Council, the Faculties and any committee appointed by the authorities of the University;
(d) to conduct the official correspondence of the Court, the Executive Council, the Academic Council and the Faculties;
(e) to supply to the Chancellor, copies of the agenda, the minutes of the meetings of the authorities of the University, as soon as they are issued;
(f) to perform such other duties, as may from time to time be assigned to him the by Vice-Chancellor.
(iv) The Registrar shall have power to administer warning or to impose the penalty of censure or withholding of increments upon such of the employee, excluding teachers of the University and the academic staff, as may be specified in the orders of the Executive Council and to suspend them pending enquiry:
Provided that no such penalty shall be imposed unless the person concervned has been given a reasonable opportunity of showing cause against the action proposed to be taken against him.
(v) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in clause (iv).
(vi) In case the inquiry discloses that a punishment beyond the powers of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry make a report to the Vice-Chancellor alongwith his recommendations:
Provided that an appeal shall lie to the Executive Council against an order of the Vice-Chancellor imposing any penalty.
(vii) The Registrar shall be the authorized officer to enter into agreements, sign documents and authenticate records on behalf of the University and shall act in such capacity when the appropriate authority of the University has taken a decision in the matter. The Registrar shall also exercise such other powers and perform such other duties, as may be prescribed by Statutes or the Ordinances.
### 3. Other officers. - The following persons in the service of the University are also declared to be the officers of the University, namely: - (a) Proctor;
(b) Chief Warden;
(c) Dean of Students' Welfare, if any;
(d) Dean, Academic Affairs;
(e) Dean of Colleges;
(f) Librarian;
(g) Controller of Examination;
(h) Finance Officer.
### 4. Appointment of other officers. - The Proctor, the Chief Warden, the Dean of Students' Welfare, Dean Academic Affairs shall be appointed by the Executive Council on the recommendations of the Vice-Chancellor from amongst the teachers of the University, who shall not be below the rank of Professor, on such terms and conditions, as the Vice-Chancellor may recommend to the Executive Council: Provided that the term of Dean, Academic Affairs shall be two years extendable by another one year, if deemed proper, by the Executive Council, on the recommendations of the Vice-Chancellor.
### 5. Dean of Colleges. - The Dean of Colleges, if any, shall be a whole-time salaried officer of the University and shall be appointed by the Executive Council, on the recommendations of the Vice-Chancellor, on such terms and conditions, as may be prescribed by the Statutes. He shall discharge such duties, as may be assigned to him by the Vice-Chancellor, from time to time. ###
6. Finance Officer. - (1) The Finance Officer shall be a whole-time salaried officer of the University and shall be appointed by the Executive Council on the recommendations of the Selection Committee, on such terms and conditions, as may be prescribed by the Statutes.
(2) The Finance Officer shall be ex-officio Secretary of the Finance Committee but shall not be deemed to be a member of such Committee.
(3) When the office of the Finance Officer is vacant or when the Finance Officer is by reason of illness or any other cause is unable to perform the duties of his office, the duties of the officer shall be performed by such person, as the Vice-Chancellor may appoint for the purpose.
(4) The Finance Officer shall -
(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and
(b) perform such other functions, as may be assigned to him by the Executive Council or as may be prescribed by the Statutes.
(5) Subject to the control of the Executive Council, the Finance Officer shall-
(a) hold and manage the property and investments of the University including trust and endowed property;
(b) ensure that the limits fixed by the Finance Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose, for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Executive Council;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;
(e) watch the progress of the collection of revenue and advise on the method of collection to be employed;
(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock checking of equipment and other connected materials in all offices, special centres, specialized laboratories, colleges and institutions maintained by the University is conducted;
(g) bring to the notice of the Vice-Chancellor any unauthorized expenditure and other financial irregularities and suggest action to be taken against the person responsible for it;
(h) call for from any officer, centre, laboratory, college or institution maintained by the University, any information or returns that he may consider necessary for the performance of his duties.
(6) The receipt of the Finance Officer or of the person duly authorized in this behalf by the Executive Council for any money payable to the University shall be sufficient discharge for payment of such money.
### 7. Controller of examinations. - (1) The Controller of Examinations, shall be whole-time salaried officer of the University and shall be appointed by the Executive Council, on the recommendations of the Establishment Committee, on such terms and conditions, as may be prescribed by Executive Council. (2)
It shall be the duty of the Controller of Examinations -
(a) to conduct examinations in a disciplined and efficient manner;
(b) to arrange for the setting of papers with strict regard of secrecy;
(c) to arrange for the evaluation of answer-sheets in accordance with the planned time schedule for results;
(d) to constantly review the system of examinations in order to enhance the level of impartiality and objectivity with a view to make it better instrument for assessing the attainments of students;
(e) to perform such functions as are connected with the system of examinations which may, from time to time, be assigned to him by the Vice-Chancellor.
### 8. Librarian. - The Librarian shall be whole-time salaried officer of the University and shall be appointed by the Executive Council on the recommendations of the Establishment Committee, on such terms and conditions, as may be prescribed by the Executive Council. ###
9. Court and its constitution. - (1) The Court shall consist of following members, namely:-
(a) Ex-Officio Members -
(i) Chancellor;
(ii) Vice Chancellor;
(iii) The Principal Secretary to Government, Haryana, Finance Department, or a nominee not below the rank of Director/Joint Secretary;
(iv) The Principal Secretary to Government, Haryana, Higher Education Department or a nominee not below the rank of Deputy Director;
(v) Director Higher Education or his absence a nominee not below the rank of Deputy Director;
(vi) Director General Health Services or his nominee not below the rank of Joint Director;
(vii) The Director of Technical Education, Haryana or his nominee not below the rank of Joint Director;
(viii) Dean of Faculties;
(ix) Dean of Colleges;
(x) Registrar;
(xi) Dean of Students' Welfare, if any;
(xii) Controller of Examinations;
(xiii) Dean of Academic Affairs;
(xiv) Librarian;
(xv) Finance Officer;
(b) Other members -
(i) two members to be elected by the Haryana Legislative Assembly from amongst its members;
(ii) professors of the University not exceeding ten on the basis of seniority by rotation;
(iii) five teachers to be elected from amongst the Associate Professors and Assistant Professors of the University of whom at least two shall be Associate Professors;
(iv) one principal from the colleges admitted to the privileges of the University, on the basis of seniority, by rotation;
(v) one principal to be elected from amongst themselves by the principals holding their posts in substantive capacity in Colleges, other than colleges of education, included in each of the four zones to be demarcated by the Vice-Chancellor;
(vi) four teachers other than principals to be elected from amongst themselves by the teachers holding their posts in a substantive capacity in colleges included in each of the four zones to be demarcated by the Vice-Chancellor:
Provided that not more than one teacher under this sub-clause, shall belong to any one college.
(vii) Secretary, Maharishi Balmiki Sanskrit University, Kaithal Students' Union and two secretaries to be elected from amongst themselves by secretaries to be elected from amongst themselves by secretaries of the Students' Union in Colleges in the State for the period from the date of election till the 31st May of the academic year;
(viii) fifteen representatives (ten from amongst eminent academicians and five representatives from Sanskrit Literature and its connected fields;
(ix) one of the principals of colleges maintained by the University, by rotation for a term of three years;
(x) two persons elected from amongst themselves by the representatives of the managements of non-Government colleges. The representatives of the managements shall be from amongst the members of the concerned managements.
(c) (1) The Registrar shall be Member-Secretary of the Court:
Provided that no salaried servant of the University, including its allied institutions, shall be eligible for election or nomination under any of the preceding sub-clauses except sub-clauses (ii) to (vi) and (ix) and that if any person elected or nominated under any of the preceding sub-clauses except sub-clauses (ii) to (vi) and (ix) is subsequently appointed to any salaried post in the University or its allied institutions, he shall cease to be a member of the Court:
Provided further that no person shall be eligible for nomination or election to the Court except under sub-clause (vii) unless he has attained the age of twenty-five years.
(2) Save as otherwise expressly provided, the members of the Court other than ex-officio members, shall hold office for a term of two years.
(3) At all meetings of the Court, two-fifth of the members shall form a quorum.
(4) If the required number of members for purposes of quorum is not present within half-an-hour after the appointed time of the meeting, the meeting shall not be held and the Registrar shall make a record of that fact.
(5) The method of election shall be by simple majority voting by ballot and the election shall be conducted in accordance with the rules framed by the Vice-Chancellor.
### 10. Meeting of court. - (1) The Court shall meet at least once a year on a date to be fixed by the Vice-Chancellor. (2)
A special meeting of the Court may be convened at any time by the Chancellor or the Vice-Chancellor on a written request by one-third of its members.
### 11. Executive council and its constitution. - (1) The Executive Council shall consist of the following persons, namely:- I. Ex-officio-members -
(i) The Vice-Chancellor;
(ii) The Principal Secretary to Government, Haryana, Finance Department, or a nominee not below the rank of Director/Joint Secretary;
(iii) The Principal Secretary to Government, Haryana, Higher Education Department, or a nominee not below the rank of the Deputy Director;
(iv) The Principal Secretary to Government, Haryana, Technical Education Department or a nominee not below the rank of Director/Joint Secretary;
II. Other members -
(a) Five Deans of the Faculties one from each of the following categories;
(i) Dean, Faculty of Sanskrit Literature;
(ii) Four Deans, from Faculties of Indic Languages and others as prescribed by statutes;
(b) Dean Academic Affairs;
(c) two principals (other than the Deans of Faculties) of colleges, out of whom one shall be from a women's college, by rotation, on the basis of seniority of age;
(d) one teacher (other than a principal) of a college to be elected by the members of the Court from amongst themselves;
(e) one out of the professors of the University Teaching Departments other than the Deans under sub-clause (a), by rotation for one year, on the basis of seniority;
(f) two teachers of the University Teaching Departments other than professor to be elected from amongst themselves out of whom at least one shall be Associate Professor;
(g) four persons as the Chancellor's nominee from amongst distinguished educationists of national or international eminence or distinguished serving/retired civil servants.
(2) The Registrar shall be ex-officio Secretary of the Executive Council.
(3) Two-fifths of the members shall form a quorum.
(4) Save as otherwise expressly provided, the members of the Executive Council, other than ex-officio members shall hold office for a term of two years.
(5) Any member who ceases to hold the qualifications by virtue of which he was elected or nominated as member to the Executive Council shall cease to be a member thereof.
### 12. Decision of Executive Council. - Any decision of the Executive Council in the matters involving additional financial liability and those relating to the annual budget of the University shall hold good only if at least one representative of the Government is present at the time of taking such decision and has consented to that decision. ###
13. Power of Executive Council. - The Executive Council shall exercise the following powers, namely:-
(a) to hold, control and administer the revenue, property and funds of the University;
(b) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, associate professors, assistant professors and other academic staff and principals of colleges and institutions maintained by the University:
Provided that in the matters of creation of new posts involving additional financial liability shall hold good only if the representative of the Government. Finance Secretary or in his absence, his representative and Secretary, Education or in his absence his representative is present at the time of taking such decision and has consented to that decision:
Provided further that in case the Government representative from the Finance or Higher Education Department is not present in two consecutive meetings even after the proper notice, then the Executive Council may approve the proposal regarding creation of posts:
Provided further that in respect of the number, qualifications and the emoluments of teachers and academic staff, the Executive Council shall take action after consideration of the recommendations of the Academic Council and the Finance Committee;
(c) to appoint professors, associate professors, assistant professors, other academic staff and principals of colleges and institutions maintained by the University, on the recommendations of the Selection Committee constituted for the purpose and to fill in temporary vacancies therein;
(d) to create administrative, ministerial and other posts and to make appointments thereto, in the manner prescribed by the Statutes;
(e) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University and for that purpose to appoint such agents, as it may think fit;
(f) to invest any money belonging to the University including any unapplied income in such stocks, funds, shares or securities as it shall, from time to time think fit or in the purchase of immovable property in India with like powers of varying such investments from time to time;
(g) to transfer or accept transfer of any movable and immovable property on behalf of the University;
(h) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(i) to select a common seal for the University;
(j) to delegate any of its powers to the Vice-Chancellor, the Registrar or such other employee or authority of the University or to a committee appointed by it, as it may deem fit;
(k) to enter into, vary, carry out, or cancel contracts on behalf of the University;
(l) to make, amend or repeal the Statutes;
(m) to make decisions regarding maintenance of discipline among students;
(n) to exercise all powers of the University not otherwise provided for by the Act, the Statutes, or the Ordinances.
### 14. Academic Council and its Constitution. - (1) The Academic Council shall consist of the following persons, namely:- I. Ex-officio members -
(i) The Vice-Chancellor;
(ii) The Director, Higher Education, Haryana or the Joint Director (Colleges), Haryana or any nominee of the Director, Higher Education not below the rank of Deputy Director;
(iii) The Registrar;
(iv) The Dean of Faculties;
(v) The Dean, Students' Welfare, if any;
(vi) The Dean, Academic Affairs;
(vii) The Dean of Colleges;
(viii) The Chairpersons of the Departments;
(ix) The Chief Warden of University Hostels;
(x) The Proctor;
(xi) The Controller of Examinations, if any;
(xii) The Librarian of the University Library;
(xiii) One out of the principals of colleges affiliated by the University, by rotation, provided that he is not a member of the Executive Council;
(xiv) Professor(s) Emeritus appointed by the University/ Emeritus Fellow appointed by the University Grants Commission (but without having right to vote or seek election).
II. Other members -
(i) one professor appointed by the University from each Department, by rotation, on the basis of seniority;
(ii) one University Associate Professor from each faculty, by rotation, on the basis of seniority;
(iii) one University Assistant Professor from each faculty, by rotation, on the basis of seniority;
(iv) one principal and three teachers to be elected from amongst themselves by the principals and teachers respectively, holding their posts in substantive capacity in the colleges included in each of the constituencies mentioned below:-
(a) Government colleges, other than the colleges of Education;
(b) Non-Government colleges, other than the colleges affiliated to the University, in each of the four zones to be demarcated by the Vice-Chancellor:
Provided that not more than one teacher elected under this clause shall belong to any one college;
(v) five educationists of national or international eminence to be nominated by the Vice-Chancellor, from outside the University:
provided that not more than one of them shall be from the same field;
(vi) three persons elected by the Court from amongst its own members;
(vii) President, Maharishi Balmiki Sanskrit University, Kaithal Students' Union and two presidents to be elected from amongst themselves by the presidents of the Students' Unions in the colleges for the period from the date of election till 31st May of the Academic Year:
Provided that the members coming under this sub- clause shall not participate in the meeting at the time the Academic Council considers the appointment of examiners.
(2) The Registrar shall be the Member-Secretary of Academic Council.
(3) Two-fifths of the members will form a quorum.
(4) Save as otherwise expressly provided, the members of the Academic Council, other than ex-officio members, shall hold office for a term of two years.
(5) The method of election shall be by simple majority voting by ballot and the elections shall be conducted in accordance with the rules framed by the Vice-Chancellor.
### 15. Powers of Academic Council. - (1) The Academic Council shall exercise the following powers, namely :- (a)
to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among colleges and institutions, evaluation of research or improvements in academic standards;
(b) to consider matters of general academic interest either on its own initiatives or on a reference by the Chancellor, the Vice-Chancellor, the Executive Council or a Faculty and to take appropriate action thereon;
(c) to recommend to the Executive Council, the creation and abolition of teaching posts;
(d) to prescribe syllabi and courses of study for various examinations on the recommendations of the faculties;
(e) to frame such regulations consistent with the Statutes and Ordinances regarding the academic functions of the University, discipline, residence, admissions, awards of fellowships, studentships, scholarships, medals and prizes, fee concessions, corporate life and attendance; and
(f) to exercise such other powers and perform such other duties, as may be conferred or assigned to the Academic Council by this Act, the Statutes, or the Ordinances.
(2) All decisions of the Academic Council concerning syllabi, courses of studies and conducting of examinations in so far as they are not provided for by the Statutes and Ordinances shall be final.
### 16. Composition of Finance Committee. - (1) The Finance Committee shall consist of the following persons, namely:- (I)
Ex-officio members -
(a) the Vice- Chancellor (Chairperson);
(b) the Principal Secretary to Government, Haryana, Finance Department or a nominee not below the rank of Director/Joint Secretary;
(c) the Principal Secretary to Government, Haryana, Higher Education Department or a nominee not below the rank of the Deputy Director;
(d) the Principal Secretary to Government, Haryana, Technical Education Department or a nominee not below the rank of the Director/Joint Secretary;
(II) Other members -
(a) one outside member having expertise in finance to be nominated by the Chancellor on the recommendation of the Vice- Chancellor;
(b) two Deans of Faculities to be nominated by the Vice-Chancellor.
(2) The Registrar shall be the Member- Secretary of the Committee.
(3) Nominated members of the Finance Committee shall hold office for a term of two years.
(4) Three members, out of whom at least one member shall be a Government nominee, shall form the quorum.
### 17. Functions and powers of Finance Committee. - (1) The Finance Committee shall examine the accounts and scrutinize the proposals for expenditure and shall submit the annual budget to the Executive Council for approval. No expenditure in the budget shall be incurred by the University without the prior approval of the Finance Committee which shall fix limits for the total recurring and non- recurring expenditure for the year based on the resources and the income of the University. No expenditure shall be incurred by the University in excess of the limits so fixed. (2)
It shall examine and recommend to the Executive Council the creation of teaching and other posts.
(3) The annual accounts and the official estimate of the University shall be laid before the Finance Committee for its consideration and comments thereon and thereafter submitted to the Executive Council for approval.
### 18. Faculties. - There shall be the following Faculties, namely: - (i) Faculty of Sanskrit Language;
(ii) Faculty of Indic Language;
(iii) Faculty of Social Sciences;
(iv) Faculty of Vedveda;
(v) Faculty of Literary culture;
(vi) Faculty of Philosophy;
(vii) Faculty of Ayurveda;
(viii) Faculty of Encyclopedia.
### 19. Constitution of Faculties. - (1) Each Faculty shall consist of - (i)
Dean of the Faculty (Chairperson) ;
(ii) Chairman of the Departments included in that Faculty;
(iii) One professor from each Department on the basis of seniority by rotation;
(iv) One associate professor and one assistant professor appointed or recognized by the University in the Departments included in the Faculty by rotation according to seniority;
(v) Two principals of affiliated colleges admitted to the privileges of the University on the basis of seniority by rotation.
(2) Members nominated shall hold office for a period of two years:
Provided that the Executive Council, at the request of the Academic Council, may increase the number of members of a Faculty.
(3) Branch In-charge of the Academic Branch not below the rank of Assistant Registrar may act as Secretary of the Faculties.
(4) Two-fifths of the members in each Faculty shall form the quorum.
### 20. Deans of Faculties. - (1) There shall be a Dean of each Faculty who shall be appointed by the Vice-Chancellor. The Dean shall be appointed in rotation on the basis of seniority amongst the professors in various Departments comprising the Faculty: Provided that a professor appointed as Dean shall get his next turn after all the professors in the Faculty have been appointed as Dean in order of their seniority:
Provided further that in case there is no professor in the Faculty, the Dean shall be appointed from amongst the Associate Professor in the concerned Departments.
(2) Suitable remuneration shall be attached to the office of the Dean who shall hold office for a term of three years.
(3) The Dean shall convene meetings of the Faculty and shall preside over them.
(4) The Dean shall be responsible for the co-ordination of teaching therein and the execution of the decisions of the Faculty.
(5) The Dean shall have the right to be present and to take part in discussion at any meeting of committee of the Faculty.
### 21. Powers of Faculty. - Subject to control of the Academic Council, the powers of the Faculty shall be- (a) to co-ordinate teaching and research work of the University in the Departments assigned to the Faculty;
(b) to recommend to the Academic Council courses of studies and syllabi for the different examinations after necessary report from the Boards of Studies;
(c) to receive reports from the Departments for the creation and abolition of posts and to forward them to the Academic Council with such recommendations, as it may consider reasonable;
(d) to discuss and suggest to the Academic Council, schemes for the advancement of standards of teaching and examinations; and
(e) to deal with any matter that may be referred to it by the Academic Council or the Vice-Chancellor or the Dean of the Faculty.
### 22. Chairperson of Department. - (1) Each teaching department shall have a Chairperson who shall be appointed by the Vice-Chancellor for a period of three years by rotation: Provided that -
(a) if a Department has two or more professors, the Chairpersonship shall rotate by seniority only among the professors:
Provided that a professor appointed as Chairman shall get his next turn after all the professors in the Department have been appointed as Chairperson in order of their seniority;
(b) if a Department has only one professor, the Chairpersonship shall rotate between the professor and the senior-most Associate Professor;
(c) if a Department has no professor, the Chairpersonship shall rotate between the two senior-most Associate Professor;
(d) the Vice-Chancellor, if he considers it necessary for any administrative reason, may deviate from the principle of seniority, in which case he shall report the matter to the Executive Council at its next meeting .
(2) In the case of a Department where no teacher is eligible for appointment as Chairperson or for such Departments where instruction is imparted only upto the under-graduate level in the colleges, the Dean of the concerned Faculty shall be the Chairperson.
(3) In case a senior person is on long leave, the next eligible person shall be appointed as Chairperson of the Department and he shall continue as such till the completion of his term, even if the senior person returns from leave during that period. However, the senior person shall be eligible for appointment as Chairperson after the expiry of the term of the present incumbent.
(4) In case the Chairperson of the Department by reason of illness, absence or any other cause, is unable to perform the duties of his office, the duties of the office shall be performed by the next eligible person, unless, the Vice- Chancellor orders otherwise.
(5) In case a person refuses to accept the offer of appointment as Chairperson or resigns on his own, he shall not be eligible for appointment as Chairperson of the Department till his turn comes again after the completion of the rotation circle among the eligible teachers.
(6) If the Vice- Chancellor deems it necessary, he may appoint the next eligible person as Chairperson irrespective of the fact that the term of the present Chairperson has not yet expired, in such case, he shall report the matter to the Executive Council at its next meeting.
### 23. Appointments. - (1) All appointments to teaching posts shall be made by the Executive Council on the recommendations of the Selection Committee. (2)
Appointments to Group A posts (non-teaching/technical) shall be made by the Executive Council, on the recommendation of the Establishment/Selection Committee.
(3) (i)
Appointments to posts other than Group A shall be made by the Vice-Chancellor after complying with the due procedure laid down in the rules or orders.
(ii) Appointments on daily wages in respect of Group C and D employees shall be made by the Registrar after complying with the due procedure laid down in the rules or orders;
(4) Notwithstanding anything contained in clauses (1), (2) and (3) above, the Vice-Chancellor may, where he considers necessary, make an adhoc or temporary appointment for a period not exceeding six months, if it is not possible or desirable to make regular appointment. Where the appointing authority is the Executive Council, the decision taken by the Vice-Chancellor shall be reported to the Executive Council in its next meeting.
### 24. Selection Committee. - (1) A Selection Committee for any appointment of Professor/ Associate Professor/Assistant Professor specified below shall consist of - (i)
The Vice-Chancellor;
(ii) The Dean of the Faculty;
(iii) The Chairperson of the Department concerned, if he is a Professor ;
(iv) The senior-most Professor in the Department except where otherwise decided by the Vice-Chancellor;
(v) Three persons not connected with the University, nominated by the Vice- Chancellor from a panel of names drawn up by the Academic Council on the basis of their special knowledge of , or interest in the subject with which the person is concerned :
Provided that the Vice-Chancellor may add more names to the panel in special circumstances and report these to the Academic Council at its next meeting.
(vi) An Academician, who is nominee of the Chancellor.
(2) The panel of names drawn up by the Academic Council and the additions, if any, made thereto by the Vice-Chancellor, as provided in the Statutes, shall be subject to approval of the Chancellor:
Provided that in case one of the experts fails to turn up at Selection Committee, after accepting the invitation to attend the same, the proceedings of the meeting shall not be invalidated:
Provided further that the proceedings of the meetings of a Selection Committee shall not be invalidated in case of any of the ex-officio members of the Selection Committee fails to attend the meeting.
(3) The Vice-Chancellor shall preside over at the meetings of a Selection Committee and the Registrar shall act as its Secretary. The meeting of a Selection Committee shall be convened by or under the directions of the Vice-Chancellor.
(4) The Selection Committee shall consider and submit to the Executive Council the recommendations as to the appointment referred to it. If the Executive Council is unable to accept the recommendations made by the Committee, it shall record its reasons and submit the case to the Chancellor for final orders.
(5) Notwithstanding anything contained in Statutes, the Executive Council may invite a person of high academic distinction and professional attainments to accept a post of Professor in the University, on such terms & conditions as it deems fit and on the person agreeing to do so, appoint him to the post.
### 25. Establishment Committee. - The constitution of the Establishment Committee shall be such as determined by the Ordinances. ###
26. Constitution and functions of Academic Planning Board. - (1) The Academic Planning Board shall consist of -
(a) the Vice-Chancellor;
(b) not more than seven persons of high standing in education who shall be appointed by the Chancellor on the recommendations of the Vice-Chancellor for a term of two years;
(c) the Registrar, who shall be the Secretary to the Board.
(2) The recommendations of the Board shall be implemented after they are approved by appropriate authorities of the University.
(3) It shall advise on the planning and development of the University particularly in respect of the standards of education and research in the University.
### 27. Convocation. - Convocation of the University for conferring of degrees and for other purposes shall be held in such manner, as may be laid down by the Executive Council from time to time, by means of an Ordinance: Provided that every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.
### 28. Departments. - There shall be University Teaching Departments duly created by the Academic Council on the recommendation of the Vice-Chancellor in the various Faculties of the University. ###
29. Assignment of Department of Studies to Faculities. - The Departments of Studies shall be assigned to various Faculties by the Academic Council on the recommendation of the Vice-Chancellor.
### 30. Board of Studies. - (1) Every Department included in a Faculty, shall have two Boards of Studies, one for under- graduate studies and the other for post-graduate studies and research. (2)
The Board of under-graduate studies shall consists of-
(i) the Chairperson of the Department;
(ii) one professor appointed or recognized by the University in the Department, to be nominated by the Vice-Chancellor, by rotation, according to seniority;
(iii) one associate professor and one assistant professor appointed or recognized by the University in the Department, to be nominated by the Vice-Chancellor, according to seniority:
Provided that no such teacher shall be nominated for two consecutive terms:
Provided further that a teacher who has been nominated as a member of the faculty shall not be nominated under this sub-clause.
(iv) six teachers (including principals) from the affiliated colleges in the subject concerned, to be nominated by the Vice-Chancellor, by rotation, according to seniority, to be determined by the length of teaching experience ensuring that there is not more than one such member from any one college;
(v) two outside experts to be nominated by the Vice-Chancellor on the recommendation of the Chairperson of the Department:
Provided that the Executive Council at the request of the Academic Council may increase the number of members of a Board of under-graduate studies, under sub-clause (iv) above.
(3) The Board of post-graduate studies and research shall consist of -
(i) the Chairperson of the Department;
(ii) all the professors appointed or recognized by the University in the Department;
(iii) two Associate Professors and two Assistant Professors appointed or recognized by the University in the Department to be nominated by the Vice-Chancellor by rotation according to seniority;
(iv) two teachers including the Heads of the Post- Graduate Departments in affiliated colleges admitted to the privileges of the University in the subject concerned with at least ten years teaching experience, out of which five years shall be as a post-graduate degree teacher, to be nominated by the Vice-Chancellor, by rotation according to seniority to be determined by the length of post-graduate teaching experience:
Provided that if the number of affiliated colleges having Post-Graduate Department is more than six, then one more teacher of the subject concerned shall be nominated but not more than one such member shall be from the same college.
(v) two outside experts to be nominated by the Vice-Chancellor, on the recommendation of the Chairman of the Department:
Provided that the Executive Council at the request of the Academic Council, may increase the number of members of a Board of post-graduate studies under sub-clause (iv) above.
(4) (i)
The Board of under-graduate studies shall recommend to the Academic Council, through the Faculty concerned, courses and syllabi of studies and text books for the various subjects for under-graduate courses and the Board of post-graduate studies shall make such recommendations in respect of the courses for post-graduate classes and research degrees.
(ii) The Boards of Studies shall also make recommendations to the Academic Council, regarding the appointments of paper setters and examiners for the under-graduate or the post-graduate courses, as the case may be.
(iii) The Board of Studies shall deal with any other matter that may be referred to them by the Faculty. The Chairperson of the Department shall be the Chairperson of the Board. Members, other than ex-officio members, shall hold office for a term of two years:
Provided that a person whose book or any other publication is to be the subject of consideration before the Board, shall not be attached to the Board:
Provided further that a person who, in one way or the other, is involved in publication of cheap notes, guides or help books shall not be eligible to be a member of a Board of Studies.
### 31. Withdrawal of degree/diploma etc. - A degree, diploma, certificate and other academic distinctions may be withdrawn by the University- (a) if the candidature of the person concerned has been cancelled or result quashed in accordance with the manner laid down by the Ordinance; or
(b) if the candidate has misbehaved at a convocation of the University:
Provided that the question whether a person has misbehaved in terms of this Statute shall be finally decided by the Vice-Chancellor; or
(c) when sufficient evidence is laid before the Academic Council showing that any person on whom a degree or diploma etc. was conferred by the University has been convicted of what is in their opinion a serious offence, the Academic Council may recommend to the Executive Council that such a degree or diploma be cancelled.
### 32. Withdrawal of approval, recognition of teachers. - Approval, recognition to a teacher may be withdrawn by the University- (a) if the teacher fails to perform duties in accordance with the manner laid drawn by the Ordinances;
(b) if sufficient evidence is laid before the Executive Council that the teacher has committed an act which in their opinion is a serious offence, the Executive Council may withdraw approval, recognition of the teacher.
### 33. Gratuity, ex-gratia grant etc. - The University shall provide for the benefits of its officers, teachers and other employees, gratuity, ex- gratia grant etc. on the pattern of the Government. ###
34. Fellowship, scholarship, medals and prizes. - The number and value of fellowships, scholarships, medals and prizes to be awarded shall be determined by the Executive Council either on its own initiative or on the recommendations of the Academic Council or the Finance Committee.
### 35. Limitation of terms of membership. - (1) Notwithstanding anything contained in these Statutes, a person, who is a member of any authority or body of the University in his capacity as a member of a particular authority or body or as a holder of particular appointment, shall hold office so long only as he continues to be a member of that particular authority or body of the holder of that particular appointment, as the case may be: Provided that teacher-member of any authority or body of the University who resigns his services or proceeds on leave for six months or more shall cease to be a member of the respective body and a substitute shall be appointed. If the period of his leave is less than six months, his membership shall be held in abeyance till his return or the expiry of the period of six months, whichever is later. No substitute member shall be appointed or elected, where the membership is held in abeyance.
(2) If a teacher is on leave for a period of six months or more, he shall not be eligible for nomination or re-election for that particular vacancy. He shall, however, be eligible for nomination or election in a vacancy which may arise after his return from leave.
### 36. Termination of membership etc. - Notwithstanding anything contained in these Statutes or the Ordinances of the University, no person, who has been convicted of any offence involving moral turpitude or has been dismissed for misconduct from a Government or Semi-Government institution or from a university or an educational institution of any kind, shall be eligible to become, or to continue as a member of any authority of the University or of any committee appointed by the University. A person under suspension shall not be allowed to sit in any meeting of the above authorities or committees during the period of his suspension.
### 37. Disqualification of membership. - If a person is debarred by the Academic Council from any work of the University on account of any kind of malpractice on his part in connection with a University examination, such a person shall be disqualified to become, or to continue as a member of any body or authority of the University so long as the bar lasts.
### 38. Delegation of administrative and financial powers. - (1) The officers, teachers and other employees of the University may exercise, subject to the control of the Vice-Chancellor and the superior officers concerned, such administrative and/ or financial powers, as the Executive Council may delegate through Ordinances or Rules or Regulations or by resolutions adopted by it.
(2) The Vice-Chancellor or the Registrar with the approval of the Vice-Chancellor may delegate to an officer, teacher or any other employee of the University such powers, as he considers necessary, which have been vested in them by the Statutes, Ordinances and Regulations.
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65ba9325ab84c7eca86ec249 | acts |
State of Tripura - Act
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Tripura Plant Diseases and Pests Act, 1969
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TRIPURA
India
Tripura Plant Diseases and Pests Act, 1969
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Act 1 of 1969
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* Published on 1 January 1969
* Commenced on 1 January 1969
Tripura Plant Diseases and Pests Act, 1969
(Act
No. 1 of 1969
)
Last Updated 11th March, 2020
An Act to provide for the prevention of the introduction into, or spread or re-appearance in, the Union Territory of Tripura of plant diseases, plant pests, plant parasites and noxious weeds and for matters connected therewith
Be it enacted by the Legislative Assembly of Tripura in the Twentieth Year of the Republic of India as follows :
### 1. Short title, extent and commencement.
(1) This Act may be called the Tripura Plant Diseases and Pests Act, 1969.
(2) It extends to the whole of the Union Territory of Tripura.
(3) It shall come into force on such date as the Administrator may, by notification in the Tripura Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Administrator" means the Administrator of the Union Territory of Tripura ;
(b) "affected area" means any area declared as such under section 3 ;
(c) "competent authority" means the officer appointed by the Administrator to exercise the powers and perform the functions of the competent authority under this Act ;
(d) "Inspecting Officer" means an Inspecting Officer appointed under section 4 ;
(e) "noxious weed" means any weed declared as such under section 3;
(f) "occupier" means the person having for the time being the right of occupation of any land, water or premises, or his authorised agent, or any person in actual occupation of the land, water or premises ;
(g) "plant" includes all horticultural or agricultural crops, trees, bushes, or herbs and also includes the seeds, fruits, leaves, roots, barks or cutting or any other part of a plant;
(h) "plant disease" means any disease caused to a plant by fungoid, bacteria, virus, parasite or any other organism, declared as such under section 3 ;
(i) "plant parasite" means any plant or animal carrying on its existence wholly or in part, on any agricultural crop, plant, tree, bush or herb and declared as such under section 3 ;
(j) "plant pest" means any insect or animal, whether vertebrate or invertebrate, declared as such under section 3 and includes any animal organism ;
(k) "prescribed" means prescribed by rules made under this Act.
### 3. Power to declare affected area, plant diseases, plant pests, plant parasites and noxious weeds.
- Where it appears to the Administrator that any disease, pest, parasite or weed in any area is injurious to plants or is likely to contaminate water or is obstructive to water-ways, and that it is necessary to take measures to eradicate such disease, pest, parasite or weed, or to prevent its introduction into, or spread or re-appearance in, any area in the Union Territory of Tripura (hereafter referred to as the "territory"), the Administrator of Tripura may, by notification in the Tripura Gazette, declare that area to be an affected area for such period as may be specified therein and may, with reference to such area, also-
(a) declare that such disease, pest, parasite or weed is a plant disease, plant pest, plant parasite or noxious weed ;
(b) prohibit or restrict the movement or removal of any plant, soil or manure from one place to another ;
(c) prohibit the plantation or growing of any plant which is, or is likely to be, injurious to other plants ; and
(d) direct that such other preventive or remedial measures, as the competent authority may consider necessary, to eradicate, destroy or prevent the introduction into, or spread or re-appearance in, the territory of, any plant disease, plant pest, plant parasite or noxious weed, shall be carried out.
### 4. Appointment of Inspecting Officers.
- The Administrator may, by notification in the Tripura Gazette, appoint such persons as he thinks fit to be Inspecting Officers for the purposes of this Act and specify the areas in respect of which each Inspecting Officer shall exercise jurisdiction.
### 5. Power to issue directions.
(1) On or after the issue of a notification under section 3, the competent authority may, by notice,-
(a) direct every occupier within the affected area to carry out such preventive or remedial measures (including the removal or destruction of plants which are, or are likely to be, infested) as may be specified in the notice, to eradicate, destroy or prevent the introduction into, or spread or re-appearance in, the territory of, any plant disease, plant pest, plant parasite or noxious weed ;
(b) call upon any male person, not below the age of eighteen years and residing within the said area, to render such assistance as may be specified in the notice, in carrying out the measures referred to in Clause (a) Provided that-
(i) no person shall be called upon to render whole-time service for a period exceeding seven days at a time, and, where he has rendered such service, there shall be an interval of not less than ninety days, computed from the day when the previous whole-time service ended, before he is again called upon to render whole-time service ; and
(ii) no person who is, by reason of old age physical disability or any other reasonable cause incapable of rendering assistance, or who resides at a distance of more than eight kilometers from the place where his presence is required for the purpose of rendering assistance, shall be called upon to reader such assistance ; and
(c) specify the area within which and the period during which the measures referred to in Clause (a) are to be carried out.
(2) It shall not be necessary to serve notices on every occupier under Clause (a) of sub-section (1) or every other person whose assistance is required under Clause (b) of the said sub section, and a proclamation in this behalf made, by beat of drum or other customary mode of publication, in the concerned area, village or locality shall be deemed sufficient notice to all persons residing in that area, village or locality.
### 6. Duties of occupier on the issue of notice under section 5.
- On the issue of a notice under section 5,-
(a) it shall be the duty of every occupier within the affected area to carry out such preventive or remedial measures as may be specified in the notice ; and
(b) it shall be the duty of every male -person residing within the affected area to render assistance in the manner specified in the notice.
### 7. Power of Inspecting Officer to enter in or upon any land, water or premises.
- An Inspecting Officer may, after giving reasonable notice to the occupier, enter in or upon any land, water or premises situated in the affected area for the purpose of ascertaining-
(i) whether there is any plant disease, plant pest, plant parasite or noxious weed in or on such land, water or premises ; and
(ii) whether any preventive or remedial measures as specified in the notice issued under Clause (a) of sub-section (1) of section 5 have been carried out.
### 8. Power to carry out measures.
(1) If, on inspection of any land, water or premises, an Inspecting Officer finds that there is any plant disease, plant pest, plant parasite or noxious weed in or on such land, water or premises and that the preventive or remedial measures specified in the notice issued under Clause (a) of sub-section (1) of section 5 have not been carried out, he may, subject to any general or special orders of the competent authority and without prejudice to any action that may be taken against the defaulter under section 11, carry out such preventive or remedial measures (including the removal or destruction of plant which are, or are likely to be, infested with pests).
(2) The Inspecting Officer may, by order, direct an occupier to pay such sum as may be specified in the order, towards the cost of any preventive or remedial measures carried out under sub-section (I) and the occupier shall pay the said sum on demand, and if he fails or omits to pay the sum within such time as may-be specified by the Inspecting Officer, the said sum shall be recoverable from him as if it were an arrear of land revenue.
(3) The order referred to in sub-section (2) shall be served on the occupier in such manner as may be prescribed.
### 9. Power to carry out measures in emergent situations.
(1) Notwithstanding anything contained in section 3 and Ss. 5 to 8, if the Administrator is satisfied that the plants in any affected area are in danger of being damaged or destroyed by any plant disease, plant pest, plant parasite or noxious weed prevalent or existing in that area and that it is necessary to take immediate preventive or remedial measures, he may, by notification in the Tripura Gazette,-
(a) declare that it shall be competent for any Inspecting Officer to carry out such preventive or remedial measures in the affected area or any part thereof or to take such other steps (including the removal or destruction of plants which are, or are likely to be infested) as he may deem fit;
(b) direct that every occupier in respect of whose land, water or premises such preventive or remedial measures or other steps have been taken shall be liable to pay the cost thereof at such rate and within such time as the Inspecting Officer may, by order from time to time, determine having regard to the following namely :
(i) the reasonable charges incurred for labour, material or use of implements ; and
(ii) any other reasonable charges incurred for the purposes aforesaid.
(2) Subject to any general or special order of the Administrator, any Inspecting Officer may, upon the issue of a notification under sub-section (1), enter in or upon any land, water or premises within the affected area and carry out such preventive or remedial measures or take such other steps referred to in Clause (a) of sub-section (1), as he may deem fit.
(3) The Inspecting Officer shall assess the amount payable by an occupier in respect of the preventive or remedial measures carried out or other steps taken under sub-section (2) and he may, by an order in writing, direct the occupier to pay the sum so assessed.
(4) If the occupier fails to pay the amount so assessed within the time fixed under Clause (b) of sub-section (1), or within such further time as may be granted by the Inspecting Officer, the amount shall be recoverable from him as if it were an arrear of land revenue.
(5) Any order referred to in sub-section (1) or sub-section (3) shall be served on the occupier in such manner as may be prescribed.
### 10. Appeal.
(1) Any occupier aggrieved by an order made under sub-section (2) of section 8 may, within thirty days from the date of service on him of the order, prefer an appeal to the competent authority, on the ground that the charges for labour, material or use of implements as included in the cost, are unreasonably high.
(2) Any occupier aggrieved by an order made by the Inspecting Officer under sub-section (1) or sub-section (3) of section 9 may, within thirty days from the date of service on him of the order, prefer an appeal to the competent authority on the ground,-
(a) that the assessment or determination of the amount payable has not been made in accordance with the rates fixed by the Inspecting Officer ; or
(b) that the amount assessed includes charges other than the charges mentioned in sub-clause (i) and (ii) of clause (b) of sub-section (l)of section 9; or
(c) that the charges for labour, material or use of implements, as included in the cost, are unreasonably high.
(3) On receipt of an appeal under sub-section (1) or sub-section (2), the competent authority shall, after making such enquiry as it may deem fit and after giving the occupier a reasonable opportunity of being heard, pass such order thereon as it may deem fit.
(4) Every order passed under sub-section (3) shall be final.
### 11. Penalties.
(1) If any person-
(a) acts in contravention of the prohibition or restriction contained in any notification issued under section 3 ; or
(b) acts in contravention of the direction contained in a notice issued under sub-section (1) of section 5 or fails to render assistance, having been called upon to do so by notice issued under the said sub-section ; or
(c) obstructs the entry of the Inspecting Officer under section 7 or sub-section (2) of section 9; or
(d) obstructs the carrying out of the preventive or remedial measures under sub-section (1) of section 7 or sub-section (2) of section 9 ; or
(e) acts in contravention of the declaration or direction contained in any notification issued under sub-section (1) of section 9,
he shall be punishable for the first offence with fine which may extend to fifty rupees and for the second or subsequent offence, with fine which may extend to two hundred and fifty rupees.
(2) If a person is convicted under this section for the contravention of the prohibition or restriction contained in any notification issued under section 3, the plant or soil or manure in respect of which such contravention has been made may be forfeited to the Government of Tripura.
### 12. Cognizance of offence.
- No magistrate shall take cognizance of an offence under this Act except upon a complaint made by an Inspecting Officer.
### 13. Obligation of village officers to report plant diseases, plant pests, etc.
- Ail village officers and such other officers, as may be specified in the rules made under this Act, of the village or villages adjoining an affected area, shall forthwith report the existence within the village or villages of any plant disease, plant pest, plant parasite or noxious weed of the nature specified in the notification issued under section 3 in respect of the said area, to the competent authority, which shall, after making such inquiry as it may deem fit, make a further report to the Administrator.
### 14. Bar of suits or other legal proceedings.
- No suit, prosecution or other legal proceedings shall lie against the Administrator, the competent authority or any other officer of the Government of Tripura in respect of anything done or intended to be done in good faith under this Act, or for any damage caused by any action taken in good faith in carrying out the provisions of this Act.
### 15. Delegation of powers.
- The Administrator may, by notification in the Tripura Gazette, delegate to any officer all or any of the powers conferred on him by this Act, except the power to make rules under section 16, and any power so delegated shall be exercised by that officer subject to such restrictions and conditions as may be specified in the notification.
### 16. Power to make rules.
(1) The Administrator may, after previous publication, by notification in the Tripura, Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(a) the manner in which any notice or order issued or made under this Act is to be served or the conditions under which such notice or order shall be deemed to have been served ;
(b) the form in which an appeal under sub-section (1) or sub-section (2) of section 10 shall be filed ;
(c) the class of officers other than village officers who are bound to make a report as required by section 13, and
(d) such other matters as are required to be, or may be, prescribed.
(3) Any rule made under this Act may provide that a contravention of any such rule shall be punishable with fine which may extend to fifty rupees.
(4) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly of Tripura while it is in session for a total period of 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 sessions immediately following, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case 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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65b9139aab84c7eca86e843e | acts |
Constitution and Amendments
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THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) ACT, 2012
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India
THE CONSTITUTION (NINETY-EIGHTH AMENDMENT) ACT, 2012
======================================================
Act 98 of 2012
----------------
* Published in Gazette of India on 1 January 2013
* Commenced on 2 January 2013
An Act further to amend the Constitution of India
Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows-
Prefatory Note-Statement of Object and Reasons.-The Legislative Assembly of Karnataka passed a resolution on 17-3-2010 and the Legislative Council of the State also passed a similar resolution on 18-3-2010, to make special provisions for the Hyderabad-Karnataka areas of the State of Karnataka. The Government of Karnataka has also endorsed the need for special provisions for the region. The resolutions seek to accelerate development of the most backward region of the State and promote inclusive growth with a view to reducing inter-district and inter-regional disparities in the State.
### 2. The special provisions aim to establish an institutional mechanism for equitable allocation of funds to meet the development needs over the said region, as well as to enhance human resources and promote employment from the region by providing for local cadres in service and reservation in educational and vocational training institutions by an amendment to the Constitution of India.
### 3. It is accordingly proposed to insert a new Article 371-J in the Constitution to provide for special provisions for the erstwhile Hyderabad-Karnataka areas of the State of Karnataka which consist of the districts of Gulbarga, Bidar, Raichur, Koppal and Yadgir and additionally include the Bellary District. The article in the form of a special provision seeks to provide for-
(a) establishment of a separate Development Board for the aforesaid region mentioned above;
(b) provide for equitable allocation of funds for development over the said region subject to the requirements of the State as a whole;
(c) provide reservation in public employment through the constitution of local cadres for domiciles of the region; and
(d) provide for reservation in education and vocational training institutions for domiciles of the region.
### 4. The Bill seeks to achieve the above objectives.
### 1. Short title and commencement.-
(1) This Act may be called the Constitution (Ninety-eighth Amendment) Act, 2012.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Insertion of new Article 371-J.- After Article 371-I of the Constitution, the following article shall be inserted, namely-
"371-J. Special provisions with respect to State of Karnataka.-
(1) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for-
(a) establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;
(b) equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole; and
(c) equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole.
(2) An order made under sub-clause (c) of clause (1) may provide for-
(a) reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and
(b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order.".
The Constitution (Ninety-eighth Amendment) Act, 2012, was an important step towards providing a separate administration for the Hyderabad-Karnataka region of the State of Karnataka. Article 371-J provided special provisions for the people of the said region. Provisions were put in place under Article 317-J for reservations of a certain proportion of seats in educational institutions, vocational training institutions, public employment, etc. A separate Development Board was also established to prioritize the progress of the region under this amendment act.
[Also Refer
]
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65baddcdab84c7eca86ec9dd | acts |
Central Provinces And Berar - Act
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The Central Provinces and Berar Finance (Bombay Repeal) Act, 1958
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CENTRAL PROVINCES AND BERAR
India
The Central Provinces and Berar Finance (Bombay Repeal) Act, 1958
===================================================================
Act 47 of 1958
----------------
* Published on 13 May 1958
* Commenced on 13 May 1958
The Central Provinces and Berar Finance (Bombay Repeal) Act, 1958
Bombay Act
No. 47 of 1958
[Dated 13th May, 1958]
For Statements of Objects and Reasons, see Bombay Government Gazette, 1958, Extraordinary Part 5, page 313.
An act to repeal the Central Provinces and Berar Finance Act, 1938
Whereas it is expedient to repeal the Central Provinces and Berar Finance Act, 1938, which provides for the imposition of a tax on profession, trade, calling or employment; It is hereby enacted in the Ninth Year of the Republic of India as follows, namely
### 1. Short title.
- This Act may be called the Central Provinces and Berar Finance (Bombay Repeal) Act, 1958
### 2. Repeal of C.P. and Berar Act 13 of 1938.
- The Central Provinces and Berar Finance Act, 1938 (hereinafter referred to as "the said Act") is hereby repealed.
### 3. Savings.
(1) Notwithstanding the repeal of the said Act, that Act and the rules and orders made thereunder or in pursuance thereof shall continue to have effect for the purposes of the levy, assessment and recovery of the tax referred to in section 3 of the said Act, in respect of the financial year ending on the 31st day of March, 1958, or for any period prior thereto, and for any purpose connected with or incidental to any of the purposes aforesaid.
(2) Without prejudice to the provisions contained in sub-section (1) and subject thereto, section 7 of the Bombay General Clauses Act, 1904, shall apply in relation to the repeal of the said Act as if the said Act were an enactment repealed by a Bombay Act.
### 4. Removal of difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the Official Gazette make such provision or give such direction as appears to it to be necessary for removing the difficulty.
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65b9b46fab84c7eca86e9aa0 | acts |
State of Rajasthan - Act
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Rajasthan Control of Industrial Major Accident Hazards Rules, 1991
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RAJASTHAN
India
Rajasthan Control of Industrial Major Accident Hazards Rules, 1991
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Rule RAJASTHAN-CONTROL-OF-INDUSTRIAL-MAJOR-ACCIDENT-HAZARDS-RULES-1991 of 1991
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* Published on 14 November 1992
* Commenced on 14 November 1992
Rajasthan Control of Industrial Major Accident Hazards Rules, 1991
G.S.R. 13. - In exercise of the powers conferred by Section 112 of the Factories Act, 1948 ( Central Act 63 of 1948 ) the State Government hereby makes the following Rules, the same have been previously published in Rajasthan Gazette Part 3(kha) dated 14 November, 1992 as required by section 115 of the said Act, namely:
### 1. Short title and commencement.
- (i) These rules may be called the Rajasthan Control of Industrial Major Accident Hazards Rules, 1991.
(ii) They shall come into force from the date of publication.
(iii) These rules supplement the rules already notified under the Factories Act , 1948.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Hazardous Chemical " means,-
(i) any chemical which satisfies any of the criteria laid down in Part I of [Schedule 1 or]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
is listed in Column 2 of Part II of this Schedule ; or
(ii) any chemical listed in Column 2 of Schedule 2; or
(iii) any chemical listed in Column 2 of Schedule 3;
(b) [ "industrial activity" means an operation or process carried out in a factory referred to in Schedule 4 involving or likely to involve one or more hazardous chemicals and includes on-site storage or on-site transport which is associated with that operation or process, as the case may be.]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
(c) "isolated storage" means storage where no other manufacturing process other than pumping of hazardous chemical is carried out and that storage involves at least a quantity of that chemical set out Schedule 2, but does not include storage associated with [a factory]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
specified in Schedule 4 on the same site.
(d) [ "major accident" means an incident involving loss of life inside or outside the site, or ten or more injuries inside and/or one or more injuries outside or release of toxic chemicals or explosion or fire or spillage of hazardous chemicals resulting in on-site or off-site emergencies or damage to equipment leading to stoppage of process or adverse affects to the environment]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(e) "pipeline" means a pipe (together with any apparatus and works associated therewith) or system of pipes (together with any apparatus and work associated therewith) for the conveyance of a hazardous chemical, other than a flammable gas as set out in Column 2 of Part II of Schedule 3 at a pressure of less than 8 bars absolute.
(f) "Schedule" means Schedule appended to these rules.
(g) "site" means any location where hazardous chemicals are manufactured or processed, stored, handled, used, disposed of and includes the whole of an area under the control of an occupier .
(h) Words and expressions not defined in these Rules but defined or used in the Factories Act, 1948 and the Rules made thereunder have the same meaning as assigned therein.
### 3. Collection, development and dissemination of information.
(1) This rule shall apply to an industrial activity [or isolated storage]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
in which a hazardous chemical which satisfies any of the criteria laid down in part I of Schedule 1 [or]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
is listed in Column 2 of Part II of this Schedule is or may be involved.
(2) [ An occupier of an industrial activity or isolated storage in term of sub-rule 1 of this rule, shall arrange to obtain or develop information in the form of safety data sheet as specified in Schedule 5. The information shall be made accessible to workers upon request for reference]
[Substituted by No. G,S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(3) The occupier while obtaining or developing a [safety data sheet as specified]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
in Schedule 5 in respect of a hazardous chemical handled by him shall ensure that the information is recorded accurately and reflects the scientific evidence used in making the hazard determination. In case, any significant information regarding hazard of a chemical is available, it shall be added to the [safety data sheet as specified]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
in Schedule 5 as soon as practicable.
(4) Every container of a hazardous chemical shall be clearly labelled or marked to identify,-
(a) the contents of the container;
(b) the name and address of manufacturer or importer of the hazardous chemical; and
(c) the physical, chemical and toxicological data of the hazardous chemical .
(5) In terms of sub rule 4 of this rule where it is impracticable to label a chemical in view of the size of the container or the nature of the package, provision should be made for other effective means like tagging or accompanying documents.
### 3A. [ Duties of Inspector.
[Inserted by No. G.S.R. 4, dated 16.4.2002 (18.4.2002).]
(1) The Inspector shall,-
(a) inspect the industrial activity or isolated storage at least once in a calendar year;
(b) send annually status report on the compliance with the rules by the occupiers to the Ministry of Environment and Forests through the Directorate General Factory Advice Service and Labour Institute and Ministry of Labour, Government of India;
(c) enforce directions and procedures in respect of industrial activities or isolated storage's covered under the Factories Act, 1948 and in respect of pipelines up to a distance of 500m from the outside of the perimeter of the factory, regarding
(i) Notice of the major accidents as per rule 5(1) and 5(2).
(ii) Notification of sites as per rule 7 and 8.
(iii) Safety Reports and Safety Audits as per Rules 10 and 12.
(iv) Preparation of on-site emergency plans as per Rule 13.]
### 4. General responsibility of the [occupier]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(1) This rule shall apply to,-
(a) an industrial activity [xxx]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
in which a hazardous chemical, which satisfies any of the criteria laid down in Part I of Schedule 1 [or]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
is listed in Column 2 of Part II of this Schedule is, or may be, involved; and
(b) isolated storage in which there is involved a quantity of a hazardous chemical listed in Column 2 of Schedule 2 which is equal to or more than the [threshold quantity]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
specified in the Schedule for that chemical in Column 3, thereof.
(2) [An occupier in terms of sub-rule (1) shall provide information on demand to show that he has,-]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
(a) identified the major accident hazards; and
(b) taken adequate steps to-
(i) prevent such major accidents and to limit their consequences to persons and the environment; and
(ii) provide the persons working on the site with the information, training and equipment including antidotes necessary to ensure their [safety and health]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 5. [Notice of major accident]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(1) Where a major accident occurs on a site, the occupier shall [within 48 hours notify]
[Substituted by No G.S.R. 4, dated 16.4,2002 [18.4.2002].]
the Inspector and the Chief Inspector of that accident, and furnish thereafter to the [Inspector and the Chief Inspector]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
a report relating to the accidents in instalments, if necessary, in Schedule 6.
(2) [ The Inspector and the Chief Inspector shall, on receipt of the report in accordance with sub-rule (1) of this rule undertake a full analysis of the major accident and send the requisite information to the Ministry of Environment and Forests through the Directorate General Factory Advice Service & Labour Institutes and Ministry of Labour, Government of India]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
(3) An occupier shall notify to the Inspector steps taken to avoid any repetition of such occurrence on a site.
[(4) The Inspector and the Chief Inspector shall compile information regarding major accidents and make available a copy of the same to the Ministry of Environment & Forests through the Directorate General Factory Advice Service & Labour Institutes and Ministry of Labour, Government of India.
(5) The Inspector and the Chief Inspector shall inform the occupier in writing of any lacunae which in their opinion need to be rectified to avoid major accidents.]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 6. Industrial activity or isolated storage to which [Rules 7, 8, 10 to 13 and 15]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
apply.
(1) (a)
[Rules 7, 8, 13 and 15]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
shall apply to an industrial activity other than isolated storage, in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than the [threshold quantity]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
specified in the entry for that chemical in Column 3 ;
(b) Rule 10 to 12 shall apply to an industrial activity other than isolated storage, in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than the [threshold quantity]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
specified in the entry for that chemical in Column 4 ;
(c) Rule 7 and 8 shall apply to an isolated storage, in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 3 which is equal to or more than the [threshold quantity]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
specified in the entry for that chemical in Column 3 ; and
(d) [Rules 10 to 13 and 15]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
shall apply to an isolated storage in which there is involved a quantity of hazardous chemical listed in Column 2 of Schedule 2 which is equal to or more than the [threshold quantity]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
specified in the entry for that chemical in Column 4 ;
(2) [x x x]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 7. [Notification of sites]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(1) An occupier shall not undertake any industrial activity [or isolated storage]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
unless he has submitted a written report to the Chief Inspector containing the particulars specified in Schedule 7 at least [90 days]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
before commencing that activity or before such shorter time as the Chief Inspector may agree and for the purpose of this sub-rule, an activity in which subsequently there is or is liable to be a [threshold quantity]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
given in column 3 of Schedules 2 and 3 or more of an additional hazardous chemical shall be deemed to be a different activity and shall be notified accordingly.
(2) [ The Chief Inspector within 60 days from the date of receipt of the report in accordance with sub-rule (1) of this rule, shall examine and on examination of the report if he is of the opinion that contravention of the provisions of the Act or the rules made thereunder has taken place, he may issue notice for obtaining compliance]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
### 8. [Updating of the site notification]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
- Where an activity has been reported in accordance with rule 7(1) and the occupier makes a change in it (including an increase or decrease in the maximum quantity of a hazardous chemical to which this rule applies which is or is liable to be at the site or in the pipeline or [at the]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
] cessation of the activity) which affects the particulars specified in that report or any subsequent report made under this rule, the occupier shall forthwith furnish a further report to the [Inspector and the Chief Inspector]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
### 9. [x x x]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 10. [Safety Reports and Safety Audit Reports]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(1) Subject to the following sub-rules of this rule, an occupier shall not undertake any industrial activity [or isolated storage]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
to which this rule applies, unless he has prepared a safety report on that industrial activity [or isolated storage]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
containing the information specified in Schedule 8 and has sent a copy of that report to the Chief Inspector at least [90 days]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
before commencing that activity.
(2) After the commencement of these Rules, the occupier of both the new and the existing industrial activities or isolated storage shall arrange to carry out safety audit by a competent agency to be accredited by an accreditation Board to be constituted by the Ministry of Labour, Government of India in this behalf.
Further, such auditing shall be carried out as under, -
[(a) Internally once in a year by a team of suitable plant personnel.
(b) Externally once in two years by a competent agency accredited in this behalf.
(c) In the year when an external audit is carried out, internal audit need not be carried out.
(3) The occupier within 30 days of the completion of the audit, shall send a report to the Chief Inspector with respect to the implementation of the audit recommendations.]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 11. [Updating of safety reports under rule 10]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
(1) Where an occupier has made a safety report in accordance with sub-rule (1) of rule 10, he shall not make any modification to the industrial activity [or isolated storage]
[Inserted by N3. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
to which that safety report relates which could materially affect the particulars in that report, unless he has made a further report to take account of those modifications and has sent a copy of that report to the [Inspector and the Chief Inspector at least 90 days]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
before making those modifications.
(2) Where an occupier has made a report in accordance with rule 10 and sub-rule (1) of this rule and that industrial activity [or isolated storage]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
is continuing, the occupier shall within three years of the date of the last such report, make a further report which shall have regard in particular to new technical knowledge which has affected the particulars in the pervious report relating to safety and hazard assessment, and shall within [30 days]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
or in such longer time as the Chief Inspector may agree in writing, send a copy of the report to the [Inspector and the Chief Inspector.]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
[12. Requirement for further information to be sent to the inspector and the Chief Inspector. - Where, in accordance with rules 10 and 11 an occupier has sent a safety report and the safety audit report relating to an industrial activity or isolated storage to the Inspector and the Chief Inspector, the Inspector and the Chief Inspector may, by a notice served on the occupier require him to provide such additional information as may be specified in the notice and the occupier shall send that information to the Inspector and the Chief Inspector within 90 days]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
.
13. Preparation of on-site emergency plan by the occupier. - (1) The occupier shall prepare, keep up-to-date and furnish to the Inspector and the Chief Inspector an on-site emergency plan containing details specified in Schedule 8A and detailing how major accidents will be dealt with on the site on which the industrial activity or isolated storage is carried on and that plan shall include the name of the person who is responsible for safety on the site and the names of those who are authorized to take action in accordance with the plan in case of an emergency.
(2) The occupier shall ensure that the emergency plan prepared in accordance with sub-rule (1) of this rule, takes into account any modification made in the industrial activity or isolated storage and that every person on the site who is concerned with the plan is informed of its relevant provisions.
[(3) The occupier shall prepare the emergency plan required under sub-rule (1) of this rule:-
(a) Before the commencement of industrial activity or isolated storage;
(b) within 90 days of coming into operation of these rules in case of an existing industrial activity or isolated storage.
(4) The occupier shall ensure that a mock drill of the on-site emergency is conducted at least once in every six months;
(5) A detailed report of the mock drill conducted under sub-rule (4) shall be made immediately available to the Inspector and the Chief Inspector.]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 14. [xxx]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 15. Information to be given to persons liable to be affected by a major accident.
- 1) The occupier shall take appropriate steps to inform persons outside the site who are likely to be in an area which may be affected by a major accident about,-
(a) the nature of the major accident hazard; and
(b) the safety measures and the "Do's' and 'Don'ts" which should be adopted in the event of a major accident.
[(2) The occupier shall take steps required under sub-rule (1) of this rule to inform persons about an industrial activity or isolated storage before that activity is commenced, except that in respect of an existing industrial activity or isolated storage, the occupier shall comply with the requirements of sub-rule (1) of this rule within 90 days of coming into operation of these rules.]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 16. Disclosures of information notified under these rules.
- Where for the purpose of evaluating information notified under Rule 5 or Rules 7 to 15, the Inspector or the Chief Inspector [xxx]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
discloses that information to some other person, that other person shall not use that information for any purpose except a purpose of the Inspector or the Chief Inspector [xxx]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
disclosing it, as the case may be, and before disclosing that information the Inspector or the Chief Inspector [xxx]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
, as the case may, be shall inform that other person of his obligations under this Rule.
### 17. [x x x]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
### 18. Power of the State Government to notify the Schedules.
- The State Government may at any time, by notification in the Official Gazette make suitable changes in the Schedules
[Schedule 1
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
[See rule 2a (i) , 3 (1), 4(1) (a)]
Part-I
(a) Toxic Chemicals. - Chemicals having the following values of acute toxicity and which owing to their physical and chemical properties, are capable of producing major accident hazards:
| | | | | |
| --- | --- | --- | --- | --- |
|
S.No.
|
Toxicity
|
Oral toxicity LD50(mg/kg)
|
Dermal toxicity LD50 (mg/kg)
|
Inhalation toxicity LC50(mg/l)
|
|
1.
|
Extremely toxic
|
>5
|
<40
|
<0.5
|
|
2.
|
Highly toxic
|
>5-50
|
>40-200
|
<0.5-2.0
|
|
3.
|
Toxic
|
>50-200
|
>200-1000
|
>2-10
|
(b) Flammable Chemicals. -
(i) flammable gases: Gases which at 20°C and at standard pressure of 101.3KPa are:-
(a) ignitable when in a mixture of 13 percent or less by volume with air; or
(b) have a flammable range with air of at least 12 percentage points regardless of the lower flammable limits.
Note : The flammability shall be determined by tests or by calculation in accordance with methods adopted by International Standards Organization ISO No. 10156 of 1990 or by Bureau of Indian Standards ISI No. 1446 of 1985.
(ii) extremely flammable liquids.- chemicals which have flash point lower than or equal to 23°C and boiling point less than 35°C.
(iii) very highly flammable liquids.- chemicals which have a flash point lower than or equal to 23°C and initial boiling point higher than 35°C.
(iv) highly flammable liquids.- chemicals which have a flash point lower than or equal to 60°C but higher than 23°C.
(v) flammable liquids.- chemicals which have a flash point higher than 60°C but lower than 90°C.
(c) Explosives. - Explosives mean a solid or liquid or pyrotechnic substance (or a mixture of substances) or an article:-
(a) which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings ;
(b) which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-denotative self sustaining exothermic chemical reaction.
Part II
---------
List of Hazardous and Toxic Chemicals
| | |
| --- | --- |
|
S. No.
|
Name of Hazardous Chemicals
|
|
1.
|
Acetaldehyde
|
|
2.
|
Acetic acid
|
|
3.
|
Acetic anhydride
|
|
4.
|
Acetone
|
|
5.
|
Acetone cyanohydrin
|
|
6.
|
Acetone thiosemicarbazide
|
|
7.
|
Acetonitrile
|
|
8.
|
Acetylene
|
|
9.
|
Acetylene tetra chloride
|
|
10.
|
Acrolein
|
|
11.
|
Acrylamide
|
|
12.
|
Acrylonitrile
|
|
13.
|
Adiponitrile
|
|
14.
|
Aldicarb
|
|
15.
|
Aldrin
|
|
16.
|
Allyl alcohol
|
|
17.
|
Allyl amine
|
|
18.
|
Allyl chloride
|
|
19.
|
Aluminium (powder) |
|
20.
|
Aluminium azide
|
|
21.
|
Aluminium borohydride
|
|
22.
|
Aluminium chloride
|
|
23.
|
Aluminium fluoride
|
|
24.
|
Aluminium phosphide
|
|
25.
|
Amino diphenyl
|
|
26.
|
Amino pyridine
|
|
27.
|
Aminophenol-2
|
|
28.
|
Aminopterin
|
|
29.
|
Amiton
|
|
30.
|
Amiton dialate
|
|
31.
|
Ammonia
|
|
32.
|
Ammonium chloro platinate
|
|
33.
|
Ammonium nitrate
|
|
34.
|
Ammonium nitrite
|
|
35.
|
Ammonium picrate
|
|
36.
|
Anabasine
|
|
37.
|
Aniline
|
|
38.
|
Aniline 2, 4, 6-Trimethyl
|
|
39.
|
Anthraquinone
|
|
40.
|
Antimony pentafluoride
|
|
41.
|
Antimycin A
|
|
42.
|
ANTU
|
|
43.
|
Arsenic peritcodde
|
|
44.
|
Arsenic trioxide
|
|
45.
|
Arsenous trichloride
|
|
46.
|
Arsine
|
|
47.
|
Asphalt
|
|
48.
|
Azinphos-ethyl
|
|
49.
|
Azinphos-methyl
|
|
50.
|
Bacitracin
|
|
51.
|
Barium azide
|
|
52.
|
Barium nitrate
|
|
53.
|
Barium nitride
|
|
54.
|
Benzal chloride
|
|
55.
|
Benzenamine, 3-Trifluoromethyl
|
|
56.
|
Benzene
|
|
57.
|
Benzene sulfonyl chloride
|
|
58.
|
Benzene, 1-(Chloromethyl) -4 Nitro
|
|
59.
|
Benzene arsenic acid
|
|
60.
|
Benzidine
|
|
61.
|
Benzidine salts
|
|
62.
|
Benzimidazole, 4, 5-Dichloro-2 (Trifluoromethyl) |
|
63.
|
Benzoquinone-P
|
|
64.
|
Benzotrichloride
|
|
65.
|
Benzoyl chloride
|
|
66.
|
Benzoyl peroxide
|
|
67.
|
Benzyl chloride
|
|
68.
|
Beryllium (Powder) |
|
69.
|
Bicyclo (2, 2, 1) Heptane -2- carbonitrile
|
|
70.
|
Biphenyl
|
|
71.
|
Bis (2-Chloroethyl) sulphide
|
|
72.
|
Bis (Chloromethyl) Ketone
|
|
73.
|
Bis (Tert-butyl peroxy) cyclohexane
|
|
74.
|
Bis (Terbutylperoxy) butane
|
|
75.
|
Bis(2, 4, 6-Trinitrophenylamine)
|
|
76.
|
Bis (Chloromethyl) Ether
|
|
77.
|
Bismuth and compounds
|
|
78.
|
Bisphenol-A
|
|
79.
|
Bitoscanate
|
|
80.
|
Boron Powder
|
|
81.
|
Boron triclaloride
|
|
82.
|
Boron trifluoride
|
|
83.
|
Boron trifluoride comp. with methyl ether, 1, 1
|
|
84.
|
Bromine
|
|
85.
|
Bromine pentafluoride
|
|
86.
|
Bromo chloro methane
|
|
87.
|
Bromodialone
|
|
88.
|
Butadine
|
|
89.
|
Butane
|
|
90.
|
Butanone-2
|
|
91.
|
Butyl amine tart
|
|
92.
|
Butyl glycidal ether
|
|
93.
|
Butyl isovalarate
|
|
94.
|
Butyl peroxymaleate tert
|
|
95.
|
Butyl vinyl ether
|
|
96.
|
Butyl-n-mercaptan
|
|
97.
|
C.I. Basic green
|
|
98.
|
Cadmium oxide
|
|
99.
|
Cadmium stearate
|
|
100.
|
Calcium arsenate
|
|
101.
|
Calcium carbide
|
|
102.
|
Calcium cyanide
|
|
103.
|
Camphechlor (Toxaphenol) |
|
104.
|
Cantharidin
|
|
105.
|
Captan
|
|
106.
|
Carbachol chloride
|
|
107.
|
Carbaryl
|
|
108.
|
Carbofuran (Furadan) |
|
109.
|
Carbon tetrachloride
|
|
110.
|
Carbon disulphide
|
|
111.
|
Carbon monoxide
|
|
112.
|
Carbonphenothion
|
|
113.
|
Carvone
|
|
114.
|
Cellulose nitrate
|
|
115.
|
Chloroacetic acid
|
|
116.
|
Chlordane
|
|
117.
|
Chlorofenvinphos
|
|
118.
|
Chlorinated benzene
|
|
119.
|
Chlorine
|
|
120.
|
Chlorine oxide
|
|
121.
|
Chlorine trifluoride
|
|
122.
|
Chlormephos
|
|
123.
|
Chlormequat chloride
|
|
124.
|
Chloroacetal chloride
|
|
125.
|
Chloroacetaldehyde
|
|
126.
|
Chloroaniline-2
|
|
127.
|
Chloroaniline-4
|
|
128.
|
Chlorobenzene
|
|
129.
|
Chloroethyl chloroformate
|
|
130.
|
Chloroform
|
|
131.
|
Chloroformyl morpholine
|
|
132.
|
Chloromethane
|
|
133.
|
Chloromethyl methyl ether
|
|
134.
|
Chloronitrobenzene
|
|
135.
|
Chlorophacinone
|
|
136.
|
Chlorosulphonic acid
|
|
137.
|
Chlorothiophos
|
|
143.
|
Chloroxuron
|
|
139.
|
Chromic acid
|
|
140.
|
Chromic chloride
|
|
141.
|
Chromium powder
|
|
142.
|
Cobalt carbonyl
|
|
143.
|
Cobalt Nitrilmethylidyne compound
|
|
144.
|
Cobalt (Powder) |
|
145.
|
Colchicine
|
|
146.
|
Copper and Compounds
|
|
147.
|
Copperoxychloride
|
|
148.
|
Coumafuryl
|
|
149.
|
Coumaphos
|
|
150.
|
Coumatertralyl
|
|
151.
|
Crimidine
|
|
152.
|
Crotenaldehyde
|
|
153.
|
Crotonaldehyde
|
|
154.
|
Cumene
|
|
155.
|
Cyanogen bromide
|
|
156.
|
Cyanongen iodide
|
|
157.
|
Cyanophos
|
|
158.
|
Cyanothoate
|
|
159.
|
Cyanuric fluoride
|
|
160.
|
Cyclo hexylamine
|
|
161.
|
Cyclohexane
|
|
162.
|
Cyclohexanone
|
|
163.
|
Cycloheximide
|
|
164.
|
Cyclopentadiene
|
|
165.
|
Cyclopentane
|
|
166.
|
Cyclotetramethyl enctetranitramine
|
|
167.
|
Cyclotrimethyl eterinnitranine
|
|
168.
|
Cypermethrin
|
|
169.
|
DDT
|
|
170.
|
Decaborane (1, 4)
|
|
171.
|
Demeton
|
|
172.
|
Demeton S-Methyl
|
|
173.
|
Di-n-propyl peroxydicarbonate (Conc = 80%)
|
|
174.
|
Dialifos
|
|
175.
|
Diazodinitrophenol
|
|
176.
|
Dibenzyl peroxydicarbonate (Conc>= 90%)
|
|
177.
|
Diborane
|
|
178.
|
Dichloroacetylene
|
|
179.
|
Dichlorobenzalkonium chloride
|
|
180.
|
Dichloroethyl ether
|
|
181.
|
Dichloromethyl phenylsilane
|
|
182.
|
Dichlorophenol - 2, 6
|
|
183.
|
Dichlorophenol - 1, 2, 4
|
|
184.
|
Dichlorophenoxy acetic acid
|
|
185.
|
Dichloropropane - 2, 2
|
|
186.
|
Dichlorosalicylic acid-3, 5
|
|
187.
|
Dichlorvos (DDVP) |
|
188.
|
Dicrotophos
|
|
189.
|
Dieldrin
|
|
190.
|
Diepoxy butane
|
|
191.
|
Diethyl carbamazine citrate
|
|
192.
|
Diethyl chlorophosphate
|
|
193.
|
Diethyl ethtanolamine
|
|
194.
|
Diethyl peroxydicarbonate (Conc=30%)
|
|
195.
|
Diethyl phenylene diamine
|
|
196.
|
Diethylamine
|
|
197.
|
Diethylene glycol
|
|
198.
|
Diethylene glycol dinitrate
|
|
199.
|
Diethylene triamine
|
|
200.
|
Diethylglycol butyl ether
|
|
201.
|
Diglcycidyl ether
|
|
202.
|
Digitoxin
|
|
203.
|
Dihydroperoxypropane (Conc >=30%)
|
|
204.
|
Diisobutyl peroxide
|
|
205.
|
Dimefox
|
|
206.
|
Dimethoate
|
|
207.
|
Dimethyl dichlorosilane
|
|
208.
|
Dimethyl hydrazine
|
|
209.
|
Dimethyl nitrosoamine
|
|
210.
|
Dimethyl P phenylene diamine
|
|
211.
|
Dimethyl phosphoramidi cyanidic acid (TABUM) |
|
212.
|
Dimethyl phosphorochloridothioate
|
|
213.
|
Dimethyl sufolane (DMS) |
|
214.
|
Dimethyl sulphide
|
|
215.
|
Dimethylamine
|
|
216.
|
Dimethylaniline
|
|
217.
|
Dimethylcarbonyl chloride
|
|
218.
|
Dimetilan
|
|
219.
|
Dinitro 0-cresol
|
|
220.
|
Dinitrophenol
|
|
221.
|
Dinitrotoluene
|
|
222.
|
Dinoseb
|
|
223.
|
Dinoterb
|
|
224.
|
Dioxane-p
|
|
225.
|
Dioxathion
|
|
226.
|
Dioxine N
|
|
227.
|
Diphacinone
|
|
228.
|
Diphosphoramide octamethyl
|
|
229.
|
Diphenyl methane di-isocynate (MDI) |
|
230.
|
Dipropylene Glycol Butyl ether
|
|
231.
|
Dipropylene glycolmethyl ether
|
|
232.
|
Disec-butyl peroxydicarbonate (Conc. = 80%)
|
|
233.
|
Disufoton
|
|
234.
|
Dithiazamine iodide
|
|
235.
|
Dithiobiurate
|
|
236.
|
Endosulfan
|
|
237.
|
Endothion
|
|
238.
|
Endrin
|
|
239.
|
Epichlorohydrine
|
|
240.
|
EPN
|
|
241.
|
Ergocalciferol
|
|
242.
|
Ergotamine tartarate
|
|
243.
|
Ethanesulfenyl chloride, 2 chloro
|
|
244.
|
Ethanol 1-2 dichloracetate
|
|
245.
|
Ethion
|
|
246.
|
Ethoprophos
|
|
247.
|
Ethyl acetate
|
|
248.
|
Ethyl alcohol
|
|
249.
|
Ethyl benzene
|
|
250.
|
Ethyl bis amine
|
|
251.
|
Ethyl bromide
|
|
252.
|
Ethyl carbamate
|
|
253.
|
Ethyl ether
|
|
254.
|
Ethyl hexanol-2
|
|
255.
|
Ethyl mercaptan
|
|
256.
|
Ethyl mercuric phosphate
|
|
257.
|
Ethyl methacrylate
|
|
258.
|
Ethyl nitrate
|
|
259.
|
Ethyl thiocyanate
|
|
260.
|
Ethylamine
|
|
261.
|
Ethylene
|
|
262.
|
Ethylene chlorohydrine
|
|
263.
|
Ethylene dibromide
|
|
264.
|
Ethylene diamine
|
|
265.
|
Ethylene diamine hydrochloride
|
|
266.
|
Ethylene flourohydrine
|
|
267.
|
Ethylene glycol
|
|
268.
|
Ethylene glycol dinitrate
|
|
269.
|
Ethylene oxide
|
|
270.
|
Ethylenimine
|
|
271.
|
Ethylene di chloride
|
|
272.
|
Femamiphos
|
|
273.
|
Femitrothion
|
|
274.
|
Fensulphothion
|
|
275.
|
Fluemetil
|
|
276.
|
Fluorine
|
|
277.
|
Fluoro2-hyrdoxy butyric acid amid salt ester
|
|
278.
|
Fluoroacetamide
|
|
279.
|
Fluoroacetic acid amide salts and esters
|
|
280.
|
Fluoroacetylchloride
|
|
281.
|
Fluorobutyric acid amide salt esters
|
|
282.
|
Fluorocrotonic acid amides salts esters
|
|
283.
|
Fluorouracil
|
|
284.
|
Fonofos
|
|
285.
|
Formaldehyde
|
|
286.
|
Formetanate hydrochloride
|
|
287.
|
Formic acid
|
|
288.
|
Formoparanate
|
|
289.
|
Formothion
|
|
290.
|
Fosthiotan
|
|
291.
|
Fuberidazole
|
|
292.
|
Furan
|
|
293.
|
Gallium 'rrichloride
|
|
294.
|
Glyconitrile (Hydroxyacetonitrile) |
|
295.
|
Guanyl-4-nitrosaminoguynyl-1-tetrazene
|
|
296.
|
Heptachlor
|
|
297.
|
Hexamethyl terta-oxyacyclononate (Cone 75%)
|
|
298.
|
Hexachlorobenzene
|
|
299.
|
Hexachlorocyclohexan (Lindane) |
|
300.
|
Hexachlorocyclopentadiene
|
|
301.
|
Hexachlorodibenzo-p-dioxin
|
|
302.
|
Hexachloronapthalene
|
|
303.
|
Hexafluoropropanone sesquihydrate
|
|
304.
|
Hexamethyl phosphoramide
|
|
305.
|
Hexamethylene diamine N N dibutyl
|
|
306.
|
Hexane
|
|
307.
|
Hexanitrostilbene 2, 2, 4, 4, 6, 6
|
|
308.
|
Hexene
|
|
309.
|
Hydrogen selenide
|
|
310.
|
Hydrogen sulphide
|
|
311.
|
Hydrazine
|
|
312.
|
Hydrazine nitrate
|
|
313.
|
Hydrochloric acid (Gas) |
|
314.
|
Hydrogen
|
|
315.
|
Hydrogen bromide
|
|
316.
|
Hydrogen cyanide
|
|
317.
|
Hydrogen fluoride
|
|
318.
|
Hydrogen peroxide
|
|
319.
|
Hydroquinone
|
|
320.
|
Indene
|
|
321.
|
Indium powder
|
|
322.
|
Indomethacin
|
|
323.
|
Iodine
|
|
324.
|
Iridium tetrachloride
|
|
325.
|
Ironpentacarbonyl
|
|
326.
|
Iso benzan
|
|
327.
|
Isoamyl alcohol
|
|
328.
|
Isobutyl alcohol
|
|
329.
|
Isobutyro nitrile
|
|
330.
|
Isocyanic acid 3, 4-dichlorophenyl ester
|
|
331.
|
Isodrin
|
|
332.
|
Isofluorophosphate
|
|
333.
|
Isophorone dlisocyanate
|
|
334.
|
Isopropyl alcohol
|
|
335.
|
Isopropyl chlorocarbonate
|
|
336.
|
Isopropyl formate
|
|
337.
|
Isopropyl methyl pyrazolyl dimethyl carbamate
|
|
338.
|
Juglone (5-11ydroxy Naphthalene-1,4 dione)
|
|
339.
|
Ketene
|
|
340.
|
Lactonitrile
|
|
341.
|
Lead arsenite
|
|
342.
|
Lead at high temp (molten) |
|
343.
|
Lead azide
|
|
344.
|
Lead styphanate
|
|
345.
|
Leptophos
|
|
346.
|
Lenisite
|
|
347.
|
Liquified petroleum gas
|
|
348.
|
Liithium hydride
|
|
349.
|
N-Dinitrobenzene
|
|
350.
|
Magnesium powder or ribbon
|
|
351.
|
Malathion
|
|
352.
|
Maleic anhydride
|
|
353.
|
Malononitrile
|
|
354.
|
Manganese Tricarbonyl cyclopentadiene
|
|
355.
|
Mechlor ethamine
|
|
356.
|
Mephospholan
|
|
357.
|
Mercuric chloride
|
|
358.
|
Mercuric oxide
|
|
359.
|
Mercury acetate
|
|
360.
|
Mercury fulminate
|
|
361.
|
Mercury methyl chloride
|
|
362.
|
Mesitylene
|
|
363.
|
Methaacrolein diacetate
|
|
364.
|
Methacrylic anhydride
|
|
365.
|
Methacrylonitrile
|
|
366.
|
Methacryloyl oxyethyl isocyanate
|
|
367.
|
Methanidophos
|
|
368.
|
Methane
|
|
369.
|
Methanesulphonyl fluoride
|
|
370.
|
Methidathion
|
|
371.
|
Methiocarb
|
|
372.
|
Methonyl
|
|
373.
|
Methoxy ethanol (2-methyl cellosolve)
|
|
374.
|
Methoxyethyl mercuric acetate
|
|
375.
|
Methyacrylol chloride
|
|
376.
|
Methyl 2-chloroacrylate
|
|
377.
|
Methyl alcohol
|
|
378.
|
Methyl amine
|
|
379.
|
Methyl bromide (Bromomethane) |
|
380.
|
Methyl chloride
|
|
381.
|
Methyl chloroform
|
|
382.
|
Methyl chloroformate
|
|
383.
|
Methyl cyclohexene
|
|
384.
|
Methyl disulphide
|
|
385.
|
Methyl ethyl ketone peroxide (Conc. 60%)
|
|
386.
|
Methyl formate
|
|
387.
|
Methyl hydrazine
|
|
388.
|
Methyl isobutyl ketone
|
|
389.
|
Methyl isocyanate
|
|
390.
|
Methyl isothiocyanate
|
|
391.
|
Methyl mercuric dicyanamide
|
|
392.
|
Methyl Mercaptan
|
|
393.
|
Methyl Methacrylate
|
|
394.
|
Methyl phencapton
|
|
395.
|
Methyl phosphonic dichloride
|
|
396.
|
Methyl thiocyanate
|
|
397.
|
Methyl trichlorosilane
|
|
398.
|
Methyl vinyl ketone
|
|
399.
|
Methylene bis (2-chloroaniline)
|
|
400.
|
Methylene chloride
|
|
401.
|
Methylenebis-4,4(2-chloroaniline)
|
|
402.
|
Metolcarb
|
|
403.
|
Mevinphos
|
|
404.
|
Mezacarbate
|
|
405.
|
Mitomycin C
|
|
406.
|
Molybdenum powder
|
|
407.
|
Monocrotophos
|
|
408.
|
Morpholine
|
|
409.
|
Muscinol
|
|
410.
|
Mustard gas
|
|
411.
|
N-Butyl acetate
|
|
412.
|
N-Butyl alcohol
|
|
413.
|
N-Hexane
|
|
414.
|
N- Methyl-N, 2, 4, 6-Tetranitroaniline
|
|
415.
|
Naphtha
|
|
416.
|
Nephtha solvent
|
|
417.
|
Naphthalene
|
|
418.
|
Naphthyl amine
|
|
419.
|
Nickel carbonyl/nickel tetracarbonyl
|
|
420.
|
Nickel powder</p>
|
|
421.
|
Nicotine
|
|
422.
|
Nicotine sulphate
|
|
423.
|
Nitric acid
|
|
424.
|
Nitric oxide
|
|
425.
|
Nitrobenzene
|
|
426.
|
Nitrocellulose (dry) |
|
427.
|
Nitrochlorobenzene
|
|
428.
|
Nitrocyclohexane
|
|
429.
|
Nitrogen
|
|
430.
|
Nitrogen dioxide
|
|
431.
|
Nitrogen oxide
|
|
432.
|
Nitrogen trifluouide
|
|
433.
|
Nitroglycerine
|
|
434.
|
Nitropropane-1
|
|
435.
|
Nitropropane-2
|
|
436.
|
Nitroso dimethyl amine</p>
|
|
437.
|
Nonane
|
|
438.
|
Norbormide
|
|
439.
|
O-Cresol
|
|
440.
|
O-Nitro Toluene
|
|
441.
|
O-Toludine
|
|
442.
|
O-Xylene
|
|
443.
|
O/P Nitroaniline
|
|
444.
|
Oleum
|
|
445.
|
OO Diethyl S ethyl suph. methyl phos
|
|
446.
|
OO Diethyl S propythio methyl phosdithioate
|
|
447.
|
OO Diethyl S ethtylsulphinyl methylphosphorothioate
|
|
448.
|
OO Diethyl S ethylsulphonyl methylphosphorothioate
|
|
449.
|
OO Diethyls ethylthiomethylphospho-rothioate
|
|
450.
|
Organo rhodium complex
|
|
451.
|
Orotic acid
|
|
452.
|
Osmium tetroxide
|
|
453.
|
Oxabain
|
|
454.
|
Oxamyl
|
|
455.
|
Oxetane, 3, 3-bis(chloromethyl) |
|
456.
|
Oxidiphenoxarsine
|
|
457.
|
Oxy disulfoton
|
|
458.
|
Oxygen (liquid) |
|
459.
|
Oxygen difluoride
|
|
460.
|
Ozone
|
|
461.
|
P-nitrophenol
|
|
462.
|
Paraffin
|
|
463.
|
Paraoxon (Diethyl 4 Nitrophenyl phosphate)
|
|
464.
|
Paraquat
|
|
465.
|
Paraquat methosulphate
|
|
466.
|
Parathion
|
|
467.
|
Parathion methyl
|
|
468.
|
Paris green
|
|
469.
|
Penta borane
|
|
470.
|
Penta chloro ethane
|
|
471.
|
Penta chlorophenol
|
|
472.
|
Pentabromophenol
|
|
473.
|
Pentachloro naphthalene
|
|
474.
|
Pentadecyl-amine
|
|
475.
|
Pentaerythaiotol tetranitrate
|
|
476.
|
Pentane
|
|
477.
|
Pentanone
|
|
478.
|
Perchloric acid
|
|
479.
|
Perchloroethylene
|
|
480.
|
Peroxyacetic acid
|
|
481.
|
Phenol
|
|
482.
|
Phenol, 2, 2-thiobis (4, 6-Dichloro)
|
|
483.
|
Phenol, 2, 2-thiobis (4 chloro 6 methyl phenol)
|
|
484.
|
Phenol, 3-(1-methyl ethyl)-methylcarbamate
|
|
485.
|
Phenyl hydrazine hydrochloride
|
|
486.
|
Phenyl mercury acetate
|
|
487.
|
Phenyl silatrane
|
|
488.
|
Phenyl thiourea
|
|
489.
|
Phenylene P-diamine
|
|
490.
|
Phorate
|
|
491.
|
Phosazetin
|
|
492.
|
Phosfolan
|
|
493.
|
Phosgene
|
|
494.
|
Phosmet
|
|
495.
|
Phosphamidon
|
|
496.
|
Phosphine
|
|
497.
|
Phosphoric acid
|
|
498.
|
Phosphoric acid dimethyl (4-methyl thio)phenyl
|
|
499.
|
Phosphorthioic acid dimethyl S(2-Bis) Ester
|
|
500.
|
Phosphorothioic acid methyl (ester) |
|
501.
|
Phosphorothioic acid, 00 Dimethyl S-(2-methyl)
|
|
502.
|
Phosphorothioic, methyl-ethyl ester
|
|
503.
|
Phosphorous
|
|
504.
|
Phosphorous oxychloride
|
|
505.
|
Phosphorous pentaoxide
|
|
506.
|
Phosphorous trichloride
|
|
507.
|
Phosphorous penta chloride
|
|
508.
|
Phthalic anhydride
|
|
509.
|
Phylloquinone
|
|
510.
|
Physostignine
|
|
511.
|
Physostignine salicylate (1, 1)
|
|
512.
|
Picric acid (2, 4, 6- trinitrophenol)
|
|
513.
|
Picrotoxin
|
|
514.
|
Piperdine
|
|
515.
|
Piprotal
|
|
516.
|
Pirinifos-ethyl
|
|
517.
|
Platinous chloride
|
|
518.
|
Platinum tetrachloride
|
|
519.
|
Potassium arsenite
|
|
520.
|
Potassium chlorate
|
|
521.
|
Potassium cyanide
|
|
522.
|
Potassium hydroxide
|
|
523.
|
Potassium nitride
|
|
524.
|
Potiassium nitrite
|
|
525.
|
Potassium peroxide
|
|
526.
|
Potassium silver cyanide
|
|
527.
|
Powdered metals and mixtures
|
|
528.
|
Promecarb
|
|
529.
|
Promurit
|
|
530.
|
Propanesultone
|
|
531.
|
Propargyl alcohol
|
|
532.
|
Propargyl bromide
|
|
533.
|
Propen-2-chloro-1 ,3-diou diacetate
|
|
534.
|
Propiolactone beta
|
|
535.
|
Propionitrile
|
|
536.
|
Propionitrile, 3-chloro
|
|
537.
|
Propiophenfone, 4-amino
|
|
538.
|
Propyl chloroformate
|
|
539.
|
Propylene dichloride
|
|
540.
|
Propylene glycol, allylether
|
|
541.
|
Propylene imine
|
|
542.
|
Propylene oxide
|
|
543.
|
Prothoate
|
|
544.
|
Pseudocumene
|
|
545.
|
Pyrazoxon
|
|
546.
|
yrene
|
|
547.
|
Pyridine
|
|
548.
|
Pyridine, 2-methyl-3-vinyl
|
|
549.
|
Pyridine, 4-nitro-1-oxide
|
|
550.
|
Pyridine, 4-nitro-1-oxide
|
|
551.
|
Pyriminil
|
|
552.
|
Quinaliphos
|
|
553.
|
Quinone
|
|
554.
|
Rhodium trichloride
|
|
555.
|
Salcomine
|
|
556.
|
Sarin
|
|
557.
|
Selenious acid
|
|
558.
|
Selenium Hexafluoride
|
|
559.
|
Selenium oxychloride
|
|
560.
|
Semicarbazide hydrochloride
|
|
561.
|
Silane (4-amino butyl) diethoxy-meth
|
|
562.
|
Sodium
|
|
563.
|
Sodium anthra-quinone-1-sulphonate
|
|
564.
|
Sodium arsenate
|
|
565.
|
Sodium arsenite
|
|
566.
|
Sodium azide
|
|
567.
|
Sodium cacodylate
|
|
568.
|
Sodium chlorate
|
|
569.
|
Sodium cyanide
|
|
570.
|
Sodium fluoro-acetate
|
|
571.
|
Sodium hydroxide
|
|
572.
|
Sodium pentachloro-phenate
|
|
573.
|
Sodium picramate
|
|
574.
|
Sodium selenate
|
|
575.
|
Sodium selenite
|
|
576.
|
Sodium sulphide
|
|
577.
|
Sodium tellorite
|
|
578.
|
Stannane acetoxy triphenyl
|
|
579.
|
Stibine (Antimony hydride)
|
|
580.
|
Strychnine
|
|
581.
|
Strychnine sulphate
|
|
582.
|
Styphinic acid (2, 4,6-trinitroresorcinol)
|
|
583.
|
Styrene
|
|
584.
|
Sulphotec
|
|
585.
|
Sulphoxide, 3-chloropropyl octyl
|
|
586.
|
Sulphur dichloride
|
|
587.
|
Sulphur dioxide
|
|
588.
|
Sulphur monochloride
|
|
589.
|
Sulphur tetrafluoride
|
|
590.
|
Stilphur trioxide
|
|
591.
|
Sulphuric acid
|
|
592.
|
Tellurim (powder) |
|
593.
|
Tellurium hexafluoride
|
|
594.
|
TEPP (Tetraethyl pyrophosphate)
|
|
595.
|
Terbufos
|
|
596.
|
Tert-Butyl alcohol
|
|
597.
|
Tert-Butyl peroxy carbonate
|
|
598.
|
Tert-Butyl peroxy isopropyl
|
|
599.
|
Tert-Butyl peroxyacetate (Conc >=70%)
|
|
600.
|
Tert-Butyl peroxypivalate (Cone >=77%)
|
|
601.
|
Tert-Butyl peroxyiso-butyrate
|
|
603.
|
Terta methyl lead
|
|
604.
|
Tetra nitromethane
|
|
605.
|
Tetra-chlorodibenzo-p-dioxin, 1, 2, 3, 7, 8(TCDD) |
|
606.
|
Tetraethyl lead
|
|
607.
|
Tetrafluoriethyne
|
|
608.
|
Tetramethylene disulphotetramine
|
|
609.
|
Thallic oxide
|
|
610.
|
Thallium carbonate
|
|
611.
|
Thallium sulphate
|
|
612.
|
Thallous chloride
|
|
613.
|
Thallous malonate
|
|
614.
|
Thallous sulphate
|
|
615.
|
Thiocarbazide
|
|
616.
|
Thiocynamicacid, 2(Benzothiazolyethio) methyl
|
|
617.
|
Thiofamox
|
|
618.
|
Thiometon
|
|
619.
|
Thionazin
|
|
620.
|
Thionyl chloride
|
|
621.
|
Thiophenol
|
|
622.
|
Thiosemicarbazide
|
|
623.
|
Thiourea (2 chloro-phenyl)
|
|
624.
|
Thiourea (2-methyl phenyl)
|
|
625.
|
Tirpate (2,4-dimethyl-1,3-di-thiolane)
|
|
626.
|
Titanium powder
|
|
627.
|
Titanium tetra-chloride
|
|
628.
|
Toluene
|
|
629.
|
Toluene-2, 4-di-isocyanate
|
|
630.
|
Toluene 2, 6-di-isocyanate
|
|
631.
|
Trans-1, 4-di-chloro-butene
|
|
632.
|
Tri nitro anisole
|
|
633.
|
Tri (Cyclohexyl) methylstannyl 1,2,4 triazole
|
|
634.
|
Tri (Cyclohexyl) stannyl-1H-1, 2, 3-triazole
|
|
635.
|
Triaminotrinitrobenzene
|
|
636.
|
Triamphos
|
|
637.
|
Triazophos
|
|
638.
|
Tribromophenol 2, 4, 6
|
|
639.
|
Trichloro napthalene
|
|
640.
|
Trichloro chloromethyl silane
|
|
641.
|
Trichloroacetyl chloride
|
|
642.
|
Trichlorodichlorophenyl silane
|
|
643.
|
Trichloroethyl silane
|
|
644.
|
Trichloroethylene
|
|
645.
|
Trichloromethane sulphenyl chloride
|
|
646.
|
Trichloronate
|
|
647.
|
Trichlorophenol 2, 3, 6
|
|
648.
|
Trichlorophenol 2, 4, 5
|
|
649.
|
Trichlorophenyl silane
|
|
650.
|
Trichlorophon
|
|
651.
|
Triethoxy silane
|
|
652.
|
Triethylamine
|
|
653.
|
Triethylene melamine
|
|
654.
|
Trimethyl chlorosilane
|
|
655.
|
Trimethyl propane phosphite
|
|
656.
|
Trimethyl tin chloride
|
|
657.
|
Trinitro aniline
|
|
658.
|
Trinitro benzene
|
|
659.
|
Trinitro benzoic acid
|
|
660.
|
Trinitro phenetole
|
|
661.
|
Trinitro-m-cresol
|
|
662.
|
Trinitrotoluene
|
|
663.
|
Tri-orthocreysyl phosphate
|
|
664.
|
Triphenyl tin chloride
|
|
665.
|
Tris(2-chloroethyl)amine
|
|
666.
|
Turpentine
|
|
667.
|
Uranium and its compounds
|
|
668.
|
Valino mycin
|
|
669.
|
Vanadium pentaoxide
|
|
670.
|
Vinyl acetate mononer
|
|
671.
|
Vinyl bromide
|
|
672.
|
Vinyl chloride
|
|
673.
|
Vinyl cyclohexane dioxide
|
|
674.
|
Vinyl fluoride
|
|
675.
|
Vinyl norbornene
|
|
676.
|
Vinyl toluene
|
|
677.
|
Vinyledene chloride
|
|
678.
|
Warfarin
|
|
679.
|
Warfarin Sodium
|
|
680.
|
Xylene dichloride
|
|
681.
|
Xylidine
|
|
682.
|
Zinc dichloropentanitrile
|
|
683.
|
Zink phosphide
|
|
684.
|
Zirconium & compounds]
|
[Schedule 2]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
[See rule 2(a) (ii),4(1)(b), 4(2) (1) and 6 (1) (c) and (d)]
Isolated storage at installations other than those covered by Schedule 4
(a) The threshold quantities set out below relate to each installation or group of installations belonging to the same occupier where the distance between installation is not sufficient to avoid in foreseeable circumstances, any aggravation of major accident hazards. These threshold quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.
(b) For the purpose of determining the threshold quantity of a hazardous chemical at an isolated storage, account shall also be taken of any hazardous chemical which is:-
(i) in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;
(ii) at any other site under the control of the same occupier any part of the boundary of which is within 500 meters of the said site; and
(iii) in any vehicle, vessel, aircraft or hovercraft, under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;
but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or a hovercraft used for transporting it.
| | | |
| --- | --- | --- |
|
S. No.
|
Chemicals
|
Threshold quantity
|
|
For application of Rules 4, 5, 7, 8, 13 and 15
|
For application of Rules 10 to12
|
|
1.
|
Acrylonitrile
|
350
|
5,000
|
|
2.
|
Ammonia
|
60
|
600
|
|
3.
|
Ammonium nitrate (a) |
350
|
2,500
|
|
4.
|
Ammonium nitrate fertilizers (b) |
1,250
|
10,000
|
|
5.
|
Chlorine
|
10
|
25
|
|
6.
|
Flammable gases as defined in Schedule 1, paragraph (b) (i)
|
50
|
3000
|
|
7. [
[Substituted by No. G.S.R. 4, dated 16.4.2002[18.4.2002.]
]
|
Extremely flammable liquids as defined in Schedule 1,
paragraph (b) (ii)
|
5000
|
50,000]
|
|
8.
|
Liquid oxygen
|
200
|
2000
|
|
9.
|
Sodium chlorate
|
25
|
250
|
|
10.
|
Sulphur dioxide
|
20
|
500
|
|
11.
|
Sulphur trioxide
|
15
|
100
|
|
12. [
[Substituted by No. G.S.R. 4, dated. 16.4.2002 [18.4.2002]
]
|
Carbonyl chloride
|
0.750
|
0.750
|
|
13.
|
Hydrogen Sulphide
|
5
|
50
|
|
14.
|
Hydrogen Fluoride
|
5
|
50
|
|
15.
|
Hydrogen Cyanide
|
5
|
20
|
|
16.
|
Carbon disulphide
|
20
|
200
|
|
17.
|
Bromine
|
50
|
500
|
|
18.
|
Ethylene oxide
|
5
|
501
|
|
19.
|
Propylene oxide
|
5
|
50
|
|
20.
|
2-Propenal (Acrolein) |
20
|
200
|
|
21.
|
Bromomethane (Methyl bromide)
|
20
|
200
|
|
22.
|
Methyl isocyanate
|
0.150
|
0.150
|
|
23.
|
Tetraethyl lead or tetramethyl lead
|
5
|
50
|
|
24.
|
1,2 Dibromoethane (Ethylene dibromide)
|
5
|
50
|
|
25.
|
Hydrogen chloride (liquefied gas)
|
25
|
250
|
|
26.
|
Diphenyl methane di-isocyanate (MDI) |
20
|
200
|
|
27.
|
Toluene di-isocyanate (TDI) |
10
|
100
|
|
28.
|
Very highly flammable liquids as defined in Schedule 1,
paragraph (b) (iii)
|
7,000
|
7,000
|
|
29.
|
Highly flammable liquids as defined in Schedule 1, paragraph
(b) (iv)
|
10,000
|
10,000
|
|
30.
|
Flammable liquids as defined in Schedule-1, paragraph (b) (v)
|
15,000
|
1,00,000]
|
[Schedule 3
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
[See Rule 2(a) (iii), 5 and 6(1) (a) and (b)]
List of Hazardous Chemicals for application of Rules 5 and 7 to 15
(a) The quantities set-out-below relate to each installation or group of installations belonging to the same occupier where the distance between the installations is not sufficient to avoid in foreseeable circumstances, any aggravation of major accident hazards. These quantities apply in any case to each group of installations belonging to the same occupier where the distance between the installations is less than 500 metres.
(b) For the purpose of determining the threshold quantity of a hazardous chemical in an industrial installation, account shall also be taken of any hazardous chemical which is:-
(i) in that part of any pipeline under the control of the occupier having control of the site, which is within 500 metres of that site and connected to it;
(ii) at any other site under the control of the same occupier any part of the boundary of which is within 500 metres of the said site ; and
(iii) in any vehicle, vessel, aircraft or hovercraft under the control of the same occupier which is used for storage purpose either at the site or within 500 metres of it;
but no account shall be taken of any hazardous chemical which is in a vehicle, vessel, aircraft or hovercraft used for transporting it.
Part - I Named Chemicals
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Chemicals
|
Threshold quantity
|
CAS
[CAS Number (Chemical Abstracts Service Number) means the number assigned to the chemical by the Chemical Abstracts Service.]
Number
|
|
For application of R 5,7,8,13 & 15
|
For application of R 10-12
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
|
Group 1-Toxic chemicals
|
|
1.
|
Aldicarb
|
100kg
|
|
116-06-3
|
|
2.
|
4-Aminodiphenyl
|
1 kg
|
|
96-67-1
|
|
3.
|
Amiton
|
1 kg
|
|
78.53-5
|
|
4.
|
Anabasine
|
100 kg
|
|
494-52-0
|
|
5.
|
Arseinc pentoxide, Arsenic (V) acid & salts
|
500 kg
|
|
|
|
6.
|
Arsenic trioxide, Arsenic (III) acid & salts
|
100 kg
|
|
|
|
7.
|
Arsine (Arsenic hydride)
|
10kg
|
|
7784-42-1
|
|
8.
|
Azinphos-ethyl
|
100kg
|
|
2642-71-9
|
|
9.
|
Azinphos-methyl
|
100 kg
|
|
86-50-0
|
|
10.
|
Benzidine
|
1kg
|
|
92-87-5
|
|
11.
|
Benzidine salts
|
1kg
|
|
|
|
12.
|
Beryllium (powders, compounds)
|
10 kg
|
|
|
|
13.
|
Bis (2-chloroethyl) sulphide
|
1kg
|
|
505-60-2
|
|
14.
|
Bis (chloromethyl) ether
|
1 kg
|
|
542-88-1
|
|
15.
|
Carbophuran
|
100 kg
|
|
1563-66.2
|
|
16.
|
Carbophenothion
|
100kg
|
|
786-19-6
|
|
17.
|
Chlorefenvinphos
|
100 kg
|
|
470-90-6
|
|
18.
|
4-(Chloroformyl) morpholine
|
1 kg
|
|
15159-40-7
|
|
19.
|
Chloromethyl methyl ether
|
1 kg
|
|
107-30-2
|
|
20.
|
Cobalt (metal, oxides, carbonates, sulphides, as
powders)
|
1 kg
|
|
|
|
21.
|
Crimidine
|
100 kg
|
|
535-89-7
|
|
22.
|
Cynthoate
|
100 kg
|
|
3734-95-0
|
|
23.
|
Cycloheximide
|
100 kg
|
|
66-81-9
|
|
24.
|
Demeton
|
100 kg
|
|
8065-48-3
|
|
25.
|
Dialifos
|
100 kg
|
|
10311-84-9
|
|
26.
|
00-Diethyl S-ethylsulphinylmethyl phosphorothiate
|
100 kg
|
|
2588-05-8
|
|
27.
|
00-Diethyl S-ethylsulphonylmethyl phosphorothiate
|
100 kg
|
|
2588-06-9
|
|
28.
|
00-Diethyl S-ethylthiomethyl Phosphorodithioate
|
100 kg
|
|
2600-69-3
|
|
29.
|
00-Diethyl S-prophylthiomethyl phosphorothiate
|
100 kg
|
|
78-52-4
|
|
30.
|
00-Diethyl S-isopropylthiomethyl phosphorodithioate
|
100 kg
|
|
3309-68-0
|
|
31.
|
Dimefox
|
100 kg
|
|
115-26-4
|
|
32.
|
Dimethylcarbameyl chloride
|
1 kg
|
|
79-44-7
|
|
33.
|
Dimethylnitrosamine
|
1 kg
|
|
62-75-9
|
|
34.
|
Dimethyl phosphoromidocynicidic acid
|
1t
|
|
63917-41-9
|
|
35.
|
Diphacinone
|
100 kg
|
|
82-66-6
|
|
36.
|
Disulfoton
|
100 kg
|
|
298-04-4
|
|
37.
|
EPN
|
100 kg
|
|
2104-54-5
|
|
38.
|
Ethion
|
100 kg
|
|
563-12-2
|
|
39
|
Fensulfothion
|
100kg
|
|
115-90-2
|
|
40.
|
Fluenetil
|
100 g
|
|
4301-50-2
|
|
41.
|
Fluoroacetic acid
|
1 kg
|
|
144-49-0
|
|
42.
|
Fluoroacetic acid, salts
|
1 kg
|
|
|
|
43.
|
Fluoroacetic acid, esters
|
1 kg
|
|
|
|
44.
|
Fluoroacetic acid, amides
|
1 kg
|
|
|
|
45.
|
4-Fluorobutyric acid
|
1 kg
|
|
462-23-7
|
|
46.
|
4-Fluorobutyric acid, salts
|
1 kg
|
|
|
|
47.
|
4-Fluorobutyric acid, esters
|
1 kg
|
|
|
|
48.
|
4-Fluorobutyric acid, amides
|
1 kg
|
|
|
|
49.
|
4-Fluorocrotonic acid
|
1 kg
|
|
37759-72-1
|
|
50.
|
4-Fluorocrotonic acid, salts
|
1 kg
|
|
|
|
51.
|
4-Fluorocrotonic acid, esters
|
1 kg
|
|
|
|
52.
|
4-Fluorocrotonic acid, amides
|
1 kg
|
|
|
|
53.
|
4-Fluoro-2-hydroxybutyric acid, amides
|
1 kg
|
|
|
|
54.
|
4-Fluoro-2-hydroxybutyric acid, salts
|
1 kg
|
|
|
|
55.
|
4-Fluoro-2-hydroxybutyric acid, esters
|
1 kg
|
|
|
|
56.
|
4-Fluoro-2-hydroxybutyric acid, amides
|
1 kg
|
|
|
|
57.
|
Glycolonitrile (Hydroxyacetonitrile) |
100 kg
|
|
107-16-4
|
|
58.
|
1,2,3,7,8,9, Hexachlorodibenzo- p-dioxin
|
100 kg
|
|
19408-74-3
|
|
59.
|
Hexmathylphosphoramide
|
1 kg
|
|
680-31-9
|
|
60.
|
Hydrogen selenide
|
10 kg
|
|
7783-07-5
|
|
61.
|
Isobenzan
|
100 kg
|
|
297-78-9
|
|
62.
|
Isodrin
|
100kg
|
|
465-73-6
|
|
63.
|
Juglone (5-Hydroxypaphithalene 1.4 dione)
|
100 kg
|
|
481-39-0
|
|
64.
|
4,4-Methylenebis (2-chloroniline)
|
10 kg
|
|
101-14-4
|
|
65.
|
Mthyl isocynate
|
150 kg
|
150kg
|
624-83-9
|
|
66.
|
Mevinphos
|
100 kg
|
|
7786-34-7
|
|
67.
|
2-Naphthylamine
|
1 kg
|
|
91-59-9
|
|
68.
|
2-Nickel metal, oxides, carbonates, sulphides, as
powders
|
1 t
|
|
|
|
69.
|
Nickel tetracarbonyl
|
10 kg
|
|
13463-39-3
|
|
70.
|
Oxygendisulfoton
|
100 kg
|
|
2497-07-6
|
|
71.
|
Oxygen difluoride
|
10 kg
|
|
7782-41-7
|
|
72.
|
Paraxon (Diethyl 4-nitrophenyl phosphate)
|
100 kg
|
|
311-45-5
|
|
73.
|
Parathion
|
100 kg
|
|
56-38-2
|
|
74.
|
Parathion-methyl
|
100 kg
|
|
298-60-0
|
|
75.
|
Pentaborane
|
100 kg
|
|
19624-22-7
|
|
76.
|
Phorate
|
100 kg
|
|
298-02-2
|
|
77.
|
Phosacetim
|
100 kg
|
|
4104-14-7
|
|
78.
|
Phosgene (carbonyl chloride)
|
750 kg
|
|
75-44-5
|
|
79.
|
Phosphamidon
|
100 kg
|
|
13171-21-6
|
|
80.
|
Phosphine (Hydrogen phosphide)
|
100 kg
|
|
7803-51-2
|
|
81.
|
Promurit (1-(3,4-dichloropheny1)- 3-
triazenthiocarboxamide)
|
100 kg
|
|
5836-73-7
|
|
82.
|
1,3 Propanesultone
|
1 kg
|
|
1120-71-4
|
|
83.
|
1-Propen-2-chloro-1,3diol diacetate
|
10 kg
|
|
10118-72-6
|
|
84.
|
Pyrazoxon
|
100 kg
|
|
108-34-9
|
|
85.
|
Selenium hexafluoride
|
10 kg
|
|
7783-79-1
|
|
86.
|
Sodium selenite
|
100 kg
|
|
10102-18-8
|
|
87.
|
Stibine (Antimony hydride)
|
100 kg
|
|
7803-52-3
|
|
88.
|
Sulfotop
|
100 kg
|
|
3689-24-5
|
|
89.
|
Sulphur dichloride
|
1 t
|
|
10545-99-0
|
|
90.
|
Tellurium
|
100 kg
|
|
7783-80-4
|
|
91.
|
TEPP hexafluoride
|
100 kg
|
|
107-49-3
|
|
92.
|
2,3,7,8,-Tetrachlorodibenzo- p-dioxin (TCDD) |
1 kg
|
|
1746-01-6
|
|
93.
|
Tetramethylenedisulphotetra mine
|
1 kg
|
|
80-12-6
|
|
94.
|
Thionazin
|
100 kg
|
|
297-97-2
|
|
95.
|
Tirpate
(2,4-Dimethyl-1,3-dithiolane-2-carboxaldehyde
0-methylcarbamoyloxime)
|
100 kg
|
|
26419-73-8
|
|
96.
|
Trichloromethane sulphonyl chloride
|
100 kg
|
|
594-42-3
|
|
97.
|
1-Tri (cyclohexyl) stannyl-1 H-1,2,4-Triazole
|
100 kg
|
|
41083-11-8
|
|
98.
|
Triethylenemelamine
|
10 kg
|
|
51-18-3
|
|
99.
|
Warfarin
|
100 kg
|
|
81-81-2
|
|
Group-2 Toxic chemicals
|
|
|
(Quantity : 1 tonne)
|
|
100
|
Acetone cyanohydrin (2-Cyanopropan-2-01)
|
200 t
|
|
75-86-5
|
|
101.
|
Acrolein (2-Propenal)
|
20 t
|
[200t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
|
107-02-8
|
|
102.
|
Acrylonitrile
|
20 t
|
200t
|
107-13-1
|
|
103.
|
Ally! alcohol (2-Propen-1-01)
|
200 t
|
|
107-18-6
|
|
104.
|
Alylamine
|
200 t
|
|
107-11-9
|
|
105.
|
Ammonia
|
50 t
|
500t
|
7664-41-7
|
|
106.
|
Bromine
|
40 t
|
[500t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
|
7726-95-6
|
|
107
|
Carbon disulphide
|
20 t
|
|
75-15-0
|
|
108
|
Chlorine
|
10 t
|
25t
|
7782-50-5
|
|
109
|
Diphneyl ethane di-isocynate (MDI) |
20 t
|
[200t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
|
101-68-8
|
|
110
|
Ethylene dibromide (1,2-Dibromoethane)
|
5 t
|
[50t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
|
106-93-4
|
|
111
|
Ethyleneimine
|
50 t
|
|
151-56-4
|
|
112
|
Formaldehyde (concentration = 90%)
|
5 t
|
[50t]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
50-00-0
|
|
113
|
Hydrogen chloride (liquefied gas)
|
25 t
|
250t
|
7646-01-0
|
|
114
|
Hydrogen cyanide
|
5 t
|
20t
|
74-90-8
|
|
115
|
Hydrogen fluoride
|
5 t
|
50t
|
7664-39-3
|
|
116
|
Hydrogen sulphide
|
5 t
|
50 t
|
7783-06-4
|
|
117
|
Methyl bromide (Bromomethane) |
20 t
|
[200 t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
74-83-9
|
|
118
|
Nitrogen oxides
|
50 t
|
|
11104-93-1
|
|
119
|
Propylineimine
|
50 t
|
|
75-55-8
|
|
120
|
Sulphur dioxide
|
20 t
|
250t
|
7446-09-5
|
|
121
|
Sulphur trioxide
|
15 t
|
75t
|
7446-11-9
|
|
122
|
Tetraethyl lead
|
5t
|
|
78-00-2
|
|
123
|
Tetra methyl lead
|
5t
|
[200t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
75-74-1
|
|
124
|
Toluene di-isocynate (TDI) |
10t
|
[100t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
584-84-9
|
|
Group 3-Highly Reactive Substances
|
|
125
|
Acetylene (ethylene) |
5t
|
|
74-86-2
|
|
126
|
a.Ammonium nitrate (1) b. Ammonium nitrate in form
of fertilizer (2) |
350t 1250t
|
2500t
|
6484-52-2
|
|
127
|
2,2 Bis (tert-butylperoxy butane (concentration >
70%)
|
5t
|
|
2167-23-9
|
|
128
|
1, 1-Bis (tert-butyl peroxy
cyclohexane((concentration = 80%)
|
5t
|
|
3006-86-8
|
|
129
|
Tert-Butyl peroxyacetate (concentration =70%)
|
5t
|
|
107-71-1
|
|
130
|
Tert-Butyl Isobutyrate (concentration=80%)
|
5t
|
|
109-13-7
|
|
131
|
Tert-Butyl peroxy isopropyl carbonate
(concentration =80%)
|
5t
|
|
2372-21-6
|
|
132
|
Tert-Butyl peroxymaletate (concentration=70%)
|
5t
|
|
1931-62-0
|
|
133
|
Tert-Butyl peroxypivalte (concentration=80%)
|
50t
|
|
927-07-1
|
|
134
|
Dibenzyl peroxydicarbonate (concentration=80%)
|
5t
|
|
2144-45-8
|
|
135
|
Di-sec-butyl peroxy dicarbonate (concentration=80%)
|
5t
|
|
19910-65-7
|
|
136
|
Diethyl peroxydicarbonate (concentration = 80%)
|
50t
|
|
14666-78-5
|
|
137
|
2-dihydroperoxypropane(concentration=30%)
|
5t
|
|
2614-76-08
|
|
138
|
di-isobutyl peroxide(concentration=50%)
|
50t
|
|
3437-84-1
|
|
139
|
di-n-propyl peroxydicarbonate
|
5t
|
|
16066-38-9
|
|
140
|
Ethylene oxide
|
5t
|
50t
|
75-21-8
|
|
141
|
Ethyl nitrate
|
50t
|
|
625-58-1
|
|
142
|
3,3,6,6,9,9, Hexamethyl - 1,2,4,5-tert
oxacyclononane (concentration = 75%)
|
50t
|
|
22397-33-7
|
|
143
|
Hydrogen
|
2t
|
50t
|
133-74-0
|
|
144
|
Liquid Oxygen
|
200t
|
[2000t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
7782-41-7
|
|
145
|
Methyl ethyl ketone peroxide (concentration =60%)
|
5t
|
|
1338-23-4
|
|
146
|
Methyl isobutyl ketone peroxide (concentration =
60%)
|
50 t
|
|
37206-20-5
|
|
147
|
Peracetic acid (concentration = 60%)
|
50 t
|
|
79-21-0
|
|
148
|
Propylene oxide
|
5 t
|
[50t]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
75-56-9
|
|
149
|
Sodium chlorate
|
25 t
|
|
7775-09-9
|
|
Group 4-Explosive chemicals
|
|
150
|
Barium azide
|
[100]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]kg
|
|
18810-58-7
|
|
151
|
Bis (2, 4, 6 - trinitrophenyl) amine
|
50 t
|
|
131-073-7
|
|
152
|
Chlorotrinitro benzene
|
50 t
|
|
28260-61-9
|
|
153
|
Cellulose nitrate (containing less = 12.6%
Nitrogen)
|
50 t
|
|
9004-70-0
|
|
154
|
Cyclotetramethylene teranitramine
|
50 t
|
|
2691-41-0
|
|
155
|
Cyclotrimethylene teranitramine
|
50 t
|
|
121-82-4
|
|
156
|
Diazodinitrophenol
|
10 t
|
|
7008-81-3
|
|
157
|
Diethylene glycol dinitrate
|
10 t
|
|
693-21-0
|
|
158
|
Dinitrophenol, salts
|
50 t
|
|
|
|
159
|
Enthylene glycol dinitrate
|
10 t
|
|
628-96-6
|
|
160
|
1-Gyanyl-4-nitrosaminoguany1-1-tetrazene
|
[100 kg]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
|
109-27-3
|
|
161
|
2, 2, 4, 4, 6, 6,-Hexanitositibene
|
50 t
|
|
20062-22-0
|
|
162
|
Hydrazine nitrate
|
50 t
|
|
13464-97-6
|
|
163
|
Lead azide
|
[100 kg]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
|
13424-46-9
|
|
164
|
Lead Styphnate ( Lead 2,4,6-trinitroresorcinoxide)
|
[100 kg]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
|
15245-44-0
|
|
165
|
Mercury fuliminate
|
[100 kg]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
|
|
20820-45-5
|
|
166
|
N-Methyl-N,2,4,6-tetranitroaniline
|
50 t
|
|
497-45-8
|
|
167
|
167 Nitroglycerine
|
10 t
|
10 t
|
55-63-0
|
|
168
|
Pentaerythritol tetra nitrate
|
50 t
|
|
78-11-5
|
|
169
|
Picric acid, (2,3,6-Trinitrophenol)
|
50 t
|
|
88-89-1
|
|
170
|
Sodium picramate
|
50 t
|
|
831-52-7
|
|
171
|
Styphnic acid (2,4,6-Trinitroresoreinol)
|
50 t
|
|
82-71-3
|
|
172
|
1,3,5-Triamino-2,4,6-Trinitrobezene
|
50 t
|
|
3058-38-6
|
|
173
|
Trinitroaniline-
|
50 t
|
|
26952-42-1
|
|
174
|
2,4,6-Trinitroanisole
|
50 t
|
|
606-35-9
|
|
175
|
Trinitrobenze
|
50 t
|
|
25377-32-6
|
|
176
|
Trinitrobenzoic acid
|
50 t
|
|
35860-50-5
|
|
177
|
Trinitrocresol
|
50 t
|
|
28905-71-7
|
|
178
|
2,4,6-Trinitrophenitole
|
50 t
|
|
4732-14-3
|
|
179
|
2,4,6-Trinitrotoluene
|
50 t
|
|
118-96-7]
|
[Part II
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
Classes of Substances as Defined in Part-I, Schedule-1 and not Specifically Named in Part - I of this Schedule
| | | |
| --- | --- | --- |
|
S. No.
|
Chemical
|
Thresshold quantity
|
|
For application of Rules 5, 7, 8,
13, and 15
|
For application of Rules 10 to 12
|
|
1
|
2
|
3
|
4
|
|
Group 5 – Flammable
substances
|
|
1.
|
Flammabel
Gases
|
15t
|
200t
|
|
2.
|
Extremely
flammble liquids
|
1000t
|
5000t
|
|
3.
|
Very
highly flammable liquids
|
1500t
|
10000t
|
|
4.
|
Highly
Flammable liquids which remains liquid under pressure
|
25t
|
200t
|
|
5.
|
Highly
Flammable liquids
|
2500t
|
20000t
|
|
6.
|
Flammble
liquids
|
5000t
|
50000t]
|
Foot Notes
(1) This applies to ammonium nitrate and mixtures of ammonium nitrate where the nitrogen content derived from the ammonium nitrate is greater than 28% by weight and aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is greater than 90% by weight.
(2) This applies to straight ammonium nitrate fertilizers and to compound fertilizers where the nitrogen content derived from the ammonium nitrate is greater than 28% by weight (a compound fertilizer contains ammonium nitrate together with phosphate and/or potash).
\*CAS Number ( Chemical Abstracts Service numbers ) means the number assigned to the chemical by the Chemical Abstracts Service]
Schedule 4
------------
[See Rule 2(b) (i)]
[Factory]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
within the meaning of Rule 2 (b ) (i) ### 1. [Factories] [Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
for the production, processing or treatment of organic or inorganic chemicals using for this purpose, among others;
(a) alkylation
(b) Amination by ammonolysis
(c) carbonylation
(c) condensation
(e) dehydrogenation
(f) esterification
(g) halogenation and manufacture of halogens
(h) hydrogenation
(i) hydrolysis
(j) Oxidation
(k) Polymerziation
(l) Sulphonation
(m) desulphurization, manufacture and transformation of sulphur containing compounds
(n) nitration and manufacture of nitrogen containing compounds
(o) manufacture of phosphorous-containing compounds
(p) formulation of pesticides and of pharmaceutical products
(q) distillation
(r) extraction
(s) solvation
(t) mixing
### 2. [Factories] [Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
for distillation, refining or other processing of petroleum or petroleum products.
### 3. [Factories] [Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
for the total or partial disposal of solid or liquid substances by incineration or chemical decomposition.
### 4. [Factories] [Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
for production, processing, [use]
[Substituted by No. G.S.R. 4, dated 16.4.2002 [18A.2002].]
or treatment of energy gases, for example, LPG, LNG, SNG.
### 5. [Factories] [Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
for the dry distillation of coal or lignite.
### 6. [Factories] [Substituted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002].]
for the production of metals or non-metals by a wet process or by means of electrical energy.
Schedule 5
------------
[(See Rule 3( 2) and (3) ]
Safety Data Sheet
| |
| --- |
|
1. Chemical Identity
|
|
Chemical Name
|
Chemical Classification
|
|
Synonyms
|
Trade Name
|
|
Formula
|
C.A.S.No
|
U.N. No.:
|
|
Regulated
Identification......................................Shipping
NameCodes/Lable
|
Hazchem No.
|
|
Hazardous WasteI.D. No.:
|
|
Hazardous Ingredients
|
C.A.S. No.
|
Hazardous Ingredients
|
C.A.S No.:
|
|
1.
|
3.
|
|
2.
|
4.
|
|
2. Physical and Chemical Data
|
|
Boiling Range/Point °C
|
Physical State
|
Appearance
|
|
Melting/Freezing Point °C
|
Vapour Pressure@ 35 °C mm/Hg
|
Odour
|
|
Vapour Density (Air=1)
|
Solubility in Water at 30°C
|
Others
|
|
Specific GravityWater =1
|
pH
|
|
|
3. Fire and Explosion Hazard Data
|
|
Flammability ignition
|
Yes/No
|
LEL %
|
Flash
|
Auto
|
|
|
|
|
Point °C
|
Temperature °C
|
|
TDG Flammability
|
UEL %
|
Flash Point °C
|
|
Hazardous
|
|
Explosion Sensitivity
|
Explosion Sensitivity
|
|
Combustion
|
|
to Impact Products
|
to Static Electricity
|
|
Hazardous Polymerisation
|
|
|
Combustible Liquid
|
ExplosiveMaterial
|
CorrosiveMaterial
|
|
Flammable Material
|
Oxidiser
|
Others
|
|
Pyrophoric Material
|
Organic Peroxide
|
|
4. Reactivity Data
|
|
Chemical Stability
|
|
Incompatibility With other Material
|
|
Reactivity
|
|
Hazardous Reaction Products
|
|
5. Health Hazard Data
|
|
Routes of Entry
|
|
Effects of Exposure/Symptoms
|
|
Emergency Treatment
|
|
TLV(ACGIH) |
ppm
|
mg/m3
|
STEL
|
ppm
|
mg/m3
|
|
Permissible Exposure LimitsLD50
|
|
ppm
|
mg/m3
|
Odour
|
Threshold
LD5O
|
ppm
|
mg/m3
|
|
NEPA Hazard Signals
|
|
Health
|
Flammability
|
Stability Special
|
|
6. Preventive Measures
|
|
Personnel
|
|
Protective
|
|
Equipment
|
|
Handling andStorage Precautions
|
|
7. Emergency and First aid Measure
|
|
Fire Extinguishing Media
|
|
FIRE
|
Special ProceduresUnusual
Hazards
|
|
EXPOSURE
|
First Aid
MeasuresAntidotes/Dosages
|
|
SPILLS
|
Steps to be
takenWaste
Disposal Method
|
|
8. Additional Information/References
|
|
9. Manufacturer/Supplier Data
|
|
Name of Firm
|
Contact Person in Emergency
|
|
Mailing Address
|
Local Bodies Involved
|
|
Telephone/Telex
|
Nos. Standard Packing
|
|
Telegraphic Address Other
|
Tremcard Details/Ref
|
|
10. Disclaimer
|
|
Information contained in this
material data sheet is believed to be reliable but no
representation, guarantee or warranties of any kind are made as
to its accuracy, suitability for a particular application or
results to be obtained from them. It is up to the
manufacturer/seller to ensure that the information contained in
the material safety data sheet is relevant to the product
manufactured/handled or sold by him as the case may be. The
Government makes no warranties expressed or implied in respect of
the adequacy of this document for any particular purpose.
|
Schedule 6
------------
[See Rule 5(1) ]
Information to be Furnished Regarding Notification of a Major Accident
Report number....................
of the particular accident
| | |
| --- | --- |
|
1.
|
General data
|
|
|
(a) Name of the site
|
|
|
(b) Name and address of the occupier
|
|
|
(Also state telephone/telex
number)
|
|
|
(c) (i) Registration number
|
|
|
(ii) Licence number(as may
have been allotted under any status applicable to the site,
e.g.the Factories Act)
|
|
|
(d) (i) Nature of industrial activity(Mention what is
actually manufactured, stored etc.)
|
|
|
(ii) National Industrial
Classification, 1987 at the four digit level.
|
{|
|
|
|
|
|
|
|-
| 2.
| Type of major accident
|-
| Explosion
| {|
|-
|
|}
| Fire
| {|
|-
|
|}
| Emission of
dangerous substance
| {|
|-
|
|}
|-
| Substance(s) emitted.............................................................................................................................
|-
| 3.
| Description of the major
accident
|-
| (a) Date, shift and hour of the
accident
|-
| (b) Department/Section and exact
place where the accident took place
|-
| (c) The process/operation
undertaken in the Department/section where the accident took
place.(Attach a flow chart if necessary)
|-
| (d) The circumstances of the
accident and the dangerous substance involved
|-
| 4.
| Emergency Measures taken and
measures envisaged to be taken to alleviate short term effects of
the accident.
|-
| 5.
| Causes of the major accident.
|-
| Known(to be specified)Not
known
| {|
|-
|
|}
|-
| {|
|-
|
|}
|-
| Information will be supplied as
soon as possible
| {|
|-
|
|}
|-
| 6.
| Nature and extent of damage
|-
| (a) Within the establishment —
casualties
| ….................Killed....................Injured.................Poisoned
|-
| — Persons exposed to the
major accident
..............................................................
|-
| — material damaged
| {|
|-
|
|}
|-
| — danger is still present
| {|
|-
|
|}
|-
| — danger no longer exists.
| {|
|-
|
|}
|-
| (b) Outside the establishment —
casualties
| ….................Killed....................Injured.................Poisoned
|-
| — Persons exposed to the
major accident
|
|-
| — material damaged
| {|
|-
|
|}
|-
| — damage to environment
| {|
|-
|
|}
|-
| — danger is still present
| {|
|-
|
|}
|-
| — danger no longer exists.
| {|
|-
|
|}
|-
| 7.
| Data available for assessing
the effects of the accident on persons and environment.
|-
| 8.
| Steps already taken or
envisaged
|
|-
| (a) to alleviate medium or long
term effects of the accident(b) to prevent recurrence of
similar major accident(c) Any other relevant information.
|
|}
Signature..................
Name and Designation of Authorised Signatory/Occupier Or Manager
Schedule 7
------------
[See Rule 7(1) ]
Information to be Furnished for the Notification of [XXX]
[Deleted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
] Sites
Particulars to be included in a notification of a site
### 1. The name and address of the occupier making the notification. ###
2. The full postal address of the site where the notifiable industrial activity will be carried on.
### 3. The area of the site covered by the notification and of any adjacent site which is required to be taken into account by virtue of b(ii) of schedule 2 and 3. ###
4. The date on which it is anticipated that the notifiable industrial activity will commence or if it has already commenced a statement to that effect.
### 5. The name and maximum quantity liable to be on the site of each dangerous substance for which notification is being made. ###
6. Organisation structure namely organisation diagram for the proposed industrial activity and set up for ensuring safety and health.
### 7. Information relating to the potential for major accidents, namely- (a) identification of major accident hazards ;
(b) the conditions or the events which could be significant in brining one about;
(c) a brief description of the measures taken.
### 8. Information relating to the site namel. - (a) a map of the site and its surrounding area to a scale large enough to show any features that may be significant in the assessment of the hazards or risk associated with the site;
(i) area likely to be affected by the major accident;
(ii) Population distribution in the vicinity.
(b) a scale plan of the site showing the location and quantity of all significant inventories of the hazardous chemicals;
(c) a description of the processes or storages involving the hazardous chemicals, and an indication of the conditions under which it is normally held;
(d) the maximum number of persons likely to be present on site.
### 9. The arrangement for training of workers and equipment necessary to ensure safety of such workers. Schedule 8
------------
[See Rule 10(1) ]
Information to be Furnished in a Safety Report
### 1. The name and address of the person furnishing the information. ###
2. Description of the industrial activity, namely-
(a) site,
(b) construction design,
(c) protection zones (explosion protection), separation distances,
(d) accessibility of plant,
(e) maximum number of persons working on the site and particularly of those persons exposed to be hazard.
### 3. Description of the processes, namel. - (a) technical purpose of the industrial activity,
(b) basic principles of the technological process,
(c) process and safety -related data for the individual process stages,
(d) process description,
(e) Safety-related types of utilities.
### 4. Description of the hazardous chemicals, namel. - (a) chemicals (quantities, substance data, safety-related data, toxicological data and threshold values),
(b) the form in which the chemical may occur on or into which they may be transformed in the event of abnormal conditions,
(c) the degree of purity of the hazardous chemical.
### 5. Information on the preliminary hazard analysis, namel. - (a) types of accident
(b) system elements or events that can lead to a major accident,
(c) hazards,
(d) safety-relevant components.
### 6. Description of safety -relevant units, among other. - (a) special design criteria,
(b) controls and alarms,
(c) special relief systems,
(d) quick-acting valves,
(e) collecting tanks/dump tank,
(f) sprinkler system,
(g) fire protection, etc.
### 7. Information on the hazards assessment, namel. - (a) identification of hazards ,
(b) the cause of major accidents,
(c) assessment of hazards according to their occurrence frequency,
(d) assessment of accident consequences,
(e) safety systems,
(f) known accident history.
### 8. Description of information or organizational systems used to carry on the industrial activity safety, namel. - (a) maintenance and inspection schedules,
(b) guidelines for the training of personnel,
(c) allocation and delegation of responsibility for plant safety,
(d) implementation of safety procedure.
### 9. Information on assessment of the consequences of major accidents, namel. - (a) assessment of the possible release of hazardous chemicals or of energy,
(b) possible dispersion of released chemical,
(c) assessment of the effects of the releases (size of the affected area, health effects, property damage).
### 10. Information on the mitigation of major accidents, namel. - (a) fire brigade,
(b) alarm systems,
(c) emergency plan containing system of organisation used to fight the emergency, the alarm and the communication rules guidelines for fighting the emergency, information about hazardous chemicals, examples of possible accident sequences,
(d) coordination with the District Collector or the District Emergency authority and its off-site emergency plan,
(e) notification of the nature and scope of the hazard in the event of an accident,
(f) antidotes in the event of a release of a hazardous chemical.
[Schedule -8A]
[Inserted by No. G.S.R. 4, dated 16.4.2002 [18.4.2002]
]
[See Rule 13(1) ]
Details to be Furnished in the On-Site Emergency Plan
### 1. Name and address of the person furnishing the information. ###
2. Key personnel of the organization and responsibilities assigned to them in case of an emergency
### 3. Outside organization if involved in assisting during on-site emergency:- (a) Type of accidents;
(b) Responsibility assigned.
### 4. Details of liaison arrangement between the organizations. ###
5. Information on the preliminary hazard analysis:-
(a) Type of accidents;
(b) System elements or events that can lead to a major accident;
(c) Hazards;
(d) Safety relevant components
### 6. Details about the site:- (a) Location of dangerous substances;
(b) Seat of key personnel;
(c) Emergency control room.
### 7. Description of hazardous chemicals at plant site:- (a) Chemicals (Quantities and toxicological data) ;
(b) Transformation if any, which could occur;
(c) Purity of hazardous chemicals.
### 8. Likely dangers to the plant. ###
9. Enumerate effects of:-
(i) Stress and strain caused during normal operation;
(ii) Fire and explosion inside the plant and effect if any, of fire and explosion out side.
### 10. Details regarding:- (i) warning, alarm and safety and security systems;
(ii) alarm and hazard control plans in line with disaster control and hazard control planning, ensuring the necessary technical and organizational precautions;
(iii) reliable measuring instruments, control units and servicing of such equipments;
(iv) precautions in designing of the foundation and load bearing parts of the building;
(v) continuous surveillance of operations;
(vi) maintenance and repair work according to the generally recognized rules of good engineering practices.
### 11. Details of communication facilities available during emergency and those required for an off-site emergency. ###
12.
Details of fire fighting and other facilities available and those required for an off-site emergency.
### 13. Details of first aid and hospital services available and its adequacy.
Notifications
[Notification No. F. 15(4) Lab./52. dated 16-6-1953: Published in R.G.G. Part I. dated 276-53. p. 303].- In exercise of the powers conferred under Section 8(5) of Factories Act. 1948, the Government of Rajasthan is pleased to appoint the Lady Labour Welfare Officer, Rajasthan, as an Additional Inspector for the enforcement of the provisions of the Act in Rajasthan so far they relate to female and child labour.
[Notification No. F. 15(4) Lab./53. dated 14-1-1953: Published in Rajasthan Rajpatra. Part I. dated 22-8-53. p. 636].- In exercise of the powers conferred under subsection (5) of section 8 of the Factories Act, 1948, the Government of Rajasthan is pleased to appoint the Labour Officer, Bhilwara an Additional Inspector of Factories for Udaipur Division for all the provisions of the Act.
The Notification No. F. 15(4) Lab./53, dated the 20th July, 1953, is hereby cancelled.
[Notification No. F. 15(9) Lab./50. dated 21-4-1950: Published in Rajasthan Rajpatra.Part I. dated 29-4-50. p. 65].- In exercise of the powers conferred by Section 8(1) of the Indian Factories Act, 1947, Government of Rajasthan are pleased to appoint the Chief Advisor, Factories, and the Deputy Chief Advisors, Factories, to the Government of India, as Inspector for Rajasthan. In pursuance of Section 8(1) of the same Act the Government is further pleased to order that the visits of these officers to factories would essentially be with a view to carry out technical investigations and surveys of working conditions only and will not in any way affect the executive authority of the State in the matter. No instructions will be issued by these officers to the factories direct and in all cases reports of their bindings will be sent either to Government of Rajasthan or to the Chief Inspector of Factories, Rajasthan, for such action as they may consider necessary.
[Notification No. F. 1(60) L&E/79, dated 20-5-1981: Published in Rajasthan Gazette Part I-A. dated 18-6-81. p. 24-25]- In exercise of the powers conferred by sub-section (2-A) of Section 8 of the Factories Act, 1948 (Central Act 63 of 1948) and in supersession of this department notification No. F. 1(60) L&E/79, dated 29.12.79, the State Government hereby appoints the following persons to be the Deputy Chief Inspector of Factories for the purpose of the said Act, for the areas specified against each in column 4 with Headquarters as specified in column 3 or any other areas in which they may hereafter be posted or asked to hold additional charge namely:-
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Name and Designation
|
Head quarters
|
Area
|
|
1
|
2
|
3
|
4
|
|
1.
|
Shri B.L. Agarwal, Dy. Chief Inspector of Jaipur
|
Jaipur
|
Jaipur, Alwar & Tonk Districts.
|
|
2.
|
Shri R.N. Sharma. Deputy Chief Inspector of Factories, Kota
|
Kota
|
Kota, Bundi, Jhalawar, Sawai-Madhopur, Bharatpur & Tehsil
Bhainsroadgarh (Chittorgarh Distt).
|
|
3.
|
Shri R.C. Paliwal, Deputy Chief inspector of Factories.
Udaipur
|
Udaipur
|
Udaipur Banswara, Bhilwara & Udaipur Chittorgarh Distt.
except Bhainsroadgarh Tehsil.
|
They shall exercise the powers vested in the Chief Inspector of Factories for the renewal of licences of the registered factories registered in their respective areas.
[Notification No. F. 14(10) L & E/84. dated 18-2-1987: Published in Rajasthan Gazette Part 4(Ga)(II). dated 19-3-87. p. 225].
S.O. 280. - In exercise of the powers conferred by sub-section (1) of Section 8 of the Factories Act, 1948 (Central Act No. LXIII of 1948), The State Government hereby appoints the Inspector of Factories (Medical) for the purpose of said Act, fol- the area specified in column 4 with headquarter as specified in column 3, namely:-
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Name of officer/post
|
Head quarters
|
Area
|
|
1
|
2
|
3
|
4
|
|
1.
|
Inspector of Factories(Medical) |
Jaipur
|
Whole of Rajasthan
|
[Notification No. 14(10) L&E 184, dated 6.11.1996: Published in Rajasthan Rajpatra, Part IV(Ga). dated 12.2.97, p. 327].
S.O. 269. - In exercise of the powers conferred by sub-section 2-A of Section 8 of the Factories Act, 1948 (Central Act 63 of 1948) and in supersession of the department Notification No. F. 14(10) L&E/84 dated 21.1.1986, the State Government hereby appoints the following persons to be the Dy. Chief Inspector of Factories & Boilers for the purpose of this Act, for the area specified against each in column 4 with head-quarters as specified in column 3 or any other areas in which they may hereafter be posted or asked to hold additional charge, namely
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Name & Designation
|
Head quarter
|
Area
|
|
1
|
2
|
3
|
4
|
|
1.
|
Shri N.L. Salecha, Dy. Chief Inspector of Factories &
Boilers (Hq) |
Jaipur
|
Whole of Rajasthan
|
|
2.
|
Shri R.C. Paliwal, Dy. Chief Inspector of Factories &
Boilers(IHL) |
Jaipur
|
Whole of Rajasthan
|
|
3.
|
Shri D.C. Singhal, Dy. Chief Inspector of Factories &
Boilers (IHL) |
Jaipur
|
Whole of Rajasthan
|
|
4.
|
Shri H.S. Chittoria, Dy. Chief of Inspector, Factories &
Boilers, Jaipur Region
|
Jaipur
|
Jaipur, Tonk & Dausa
|
|
5.
|
Shri R.N. Verma, Dy. Chief Inspector of Factories &
Boilers, Kota
|
Kota
|
Kota, Baran, Bundi& Jhalawar Distt.
|
|
6.
|
Shri S.K. Goswaini. Dy. Chief Inspector of Factories &
Boilers, Udaipur
|
Udaipur
|
Udaipur, Rajasthan Distt.
|
|
7.
|
Shri L.L. Arya, Dy. Chief Inspector of Factories &
Boilers, Alwar
|
Alwar
|
Alwar Distt. Except Tijara Tehsil
|
|
8.
|
Shri R.P. Kayal, Dy. Chief & Inspector of Factories &
Boilers, Jodhpur
|
Jodhpur
|
Jodhpur Jaisalmer Distt.
|
The State Government also hereby authorises the following Dy. Chief Inspector of Factories & Boilers to exercise the following powers of Chief Inspector of Factories & Boilers, Rajasthan, Jaipur for the area specified against each, in column No. 4:
(i) Renewal of licences of the registered factories.
(ii) Approval of the factory Building and machinery layout plan for all factories except:
(a) Factories employing 150 or more workers.
(b) Factories involving in hazardous process.
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
Name & Designation
|
Head quarter
|
Area
|
|
1
|
2
|
3
|
4
|
|
1.
|
Dy. Chief Inspector of Factories & Boilers (Hq.) Jaipur
|
Jaipur
|
Whole of Rajasthan.
|
|
2.
|
Dy. Chief Inspector of Factories & Boilers, Jaipur Region.
|
Jaipur
|
Jaipur, Tonk Dausa Distt.
|
|
3.
|
Dy. Chief Inspector of Factories & Boilers. Kota
|
Kota
|
Kota, Baran, Bundi & Jhalawar Distt.
|
|
4.
|
Dy. Chief Inspector of Factories & Boilers, Udaipur
|
Udaipur
|
Udaipur, Rajasthan distt.
|
|
5.
|
Dy. Chief Inspector of Factories & Boilers, Jodhpur
|
Jodhpur
|
Jodhpur, Distt. Jaisalmer
|
|
6.
|
Dy. Chief Inspector of Factories & Boilers, Alwar
|
Alwar
|
Alwar Distt. except Tijara Tehsil.
|
[Notification No. 372/Lab. dated 22.2.1952: Published in Rajasthan Rajpatra, Part I dated 223-52, p. 1165].- In exercise of the powers conferred under Sub-section (1) of Section 10 of the Indian Factories Act, 1948 (LXIII of 1948) the Government of Rajasthan is pleased to appoint the Principal Medical Officers of Rajasthan as Certifying Surgeons within their respective areas for the purposes of the said Act in respect of those places where there are no Principal Medical Officers, the Government is further pleased to appoint the District Medical and Health Officers as Certifying Surgeons within their respective area for the purposes of the said Act.
[Notification No. F. 1 (28) Lab./52, dated 8.9.1955: in Rajasthan Rajpatra. Part I(a). dated 7.4.56, p. 12].-In exercise of the powers conferred under sub-section (1) of Section 10 of the Indian Factories Act, 1948 (LXIII of 1948), the Government of Rajasthan is pleased to appoint all Railway doctors as indicated in the list below as Certifying Surgeons for each of the Railway factories mentioned in the list against them.
List of Factories on Western Railway in the State of Rajasthan
| | | | |
| --- | --- | --- | --- |
|
No.
|
Name of the Factories
|
Designation of Railway Doctors appointed as
the Certifying surgeons
|
Place
|
|
1
|
2
|
3
|
4
|
|
1.
|
Loco and Carriage Workshops, Jaipur
|
Assistant Medical
|
Bandikui
|
|
2.
|
Wagon Repair Depot, Gangapur
|
-do-
|
Gangapur City
|
|
3.
|
Power House, Gangapur city
|
-do-
|
-do-
|
|
4.
|
Loco. Carriage & Wagon workshops, Udaipur
|
-do-
|
Udaipur
|
[Notification No. F. 1 (28) Lab./52. dated 9.9.1955: Published in Rajasthan Rajpatra Part I(a), dated 14.4.56, p. 19].- In exercise of the powers conferred by sub-sec. (1) of Section 10 of the Factories Act, 1948 (LXIII of 1948) the Government of Rajasthan is pleased to appoint the Assistant Medical Officer, Northern Railway, Jodhpur as Certifying Surgeon for the Northern Railways Workshops, Jodhpur.
[Notification No. F. 1(18) Lab./52. dated 26.12.1955: Published in Rajasthan Rajpatra part I(b), dated 4.2.66, p. 1000]. - In exercise of the power conferred by subsection (1) of Sec. 10 Of the Factories Act, 1948 (LXIII of 1948), the Government of Rajasthan hereby appoints the following as ex-officio Certifying Surgeons for the areas mentioned against each-
| | |
| --- | --- |
|
Officer appointed as Certifying Surgeon
|
Area for which appointed
|
|
1
|
2
|
|
1.
|
All Principal Medical & Health Officers
|
Within the Jurisdiction Area
|
|
2.
|
All District Medical & Health Officers
|
-do-
|
|
3.
|
Superintendent, Sawai Man Singh Hospital
|
Within the Municipal board of Jaipur City.
|
This is in supersession of Notification No. 372/Lab./dated the 22nd February. 1952.
[Notification No. 41/ F. 1(43) Lab. /56, dated 22-5-1959].- In continuation of the Notification No. F. 1(28) Lab./53, dated the 29th December, 1955 and in exercise of the powers conferred by sub-Section (1) of Section 10 of the Factories Act, 1948 (LXIII of 1948), Government of Rajasthan hereby appoints the District Medical Officer, Western Railway, Ajmer as the ex-officio Certifying Surgeon for the purposes of the act of the following factories:
### 1. Locomotive Workshop, Ajmer. ###
2. Carriage and Wagon Workshop, Ajmer.
### 3. Divisional Signal and Telecommunication Engineering Workshop, Ajmer. ###
4. Ticket Printing and Railway Press, Ajmer.
### 5. Electrical Workshop, & Power House, Ajmer. ###
6. Inspector of Works Workshop, Ajmer.
[Notification No. D. 7689/F. 3 (58) Ind./(C)159, dated 13-10-1959].- In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby appoints the Medical Officer, Government Dispensary, Sambhar Lake as ex-officio Certifying Surgeon for the Hindustan Salt Co., Sambhar Lake.
[Notification No. F. 3(96) /Lab./60-13-49, dated 28-10-1960].- In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act No. 63 of 1948), the State Government hereby appoints the following Medical Practitioners as ex-officio Certifying Surgeons for the purposes of this Act for the factories mentioned against each, namely:
| | |
| --- | --- |
|
Officer appointed as Certifying Surgeon
|
Factory for which appointed
|
|
1.
|
Assistant Medical Officer, Western Railway, Bandikui.
|
Power house, Bnadikui.
|
|
2.
|
Assistant Surgeon. Western Railway, Phulera.
|
Power House, Phulera.
|
Notification No. F. 3(55) / Lab./61, dated 17.7.1961].- In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act No. LXIII of 1948), the State Government hereby appoints the following Medical Practitioners as ex-officio Certifying Surgeons for the purposes of this Act for the factory mentioned against each, namely:
| | |
| --- | --- |
|
Officer appointed as Certifying Surgeon
|
Area for which appointed
|
|
1.
|
Assistant Medical Officer, Western Railway, Gangapur City.
|
Power House, Gangapur City.
|
[Notification No. F. 4(10) Shram/82, dated 27.10.1986; Published in Rajasthan Rajpatra, Pt IV(Ga)(II), dated 27.11.86, p. 151].
S.O. 180. - In exercise of the powers conferred by sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act 63 of 1948) the State Government hereby appoints the Inspector of Factories (Medical) as ex-officio Certifying Surgeon for the purpose of this Act for the factories situated in Rajasthan.
[Notification No. F. 4(1) Shram/97, dated 21.3.1997: Published in Rajasthan Rajpatra (Extraordinary), dated 25.3.97, p. 487].
S.O. 354. - In exercise of the powers conferred by Sub-section (1) of Section 10 of the Factories Act, 1948 (Central Act LXIII of 1948) the State Government hereby appoints the following Medical Officers as ex-officio Certifying Surgeons for the purpose of said Act for the areas mentioned against them:-
| | | |
| --- | --- | --- |
|
S. No.
|
Officers appointed as Certifying Surgeon
|
Area
|
|
1
|
2
|
3
|
|
1.
|
Medical Officer In-charge All Government Dispensaries and
Hospitals
|
Within their Jurisdiction.
|
Section 40-B
[Notification No. F. 4(10) Shram/82, dated 13.1.1984: Published in Rajasthan Rajpatra, Part 5 (Gh), dated 26.1.84, p. 409].- In pursuance of Section 40 (B)(ii) of Indian Factories Act, 1948 the State Government directs the occupiers of the following factories in which the manufacturing process or operation is carried on, which in the opinion of the Government involves the risk of bodily injury, poisoning or disease or any other hazard to health to the persons employed in the factory, shall employ at least one Safety Officer in their factories:-
| | | |
| --- | --- | --- |
|
S.No.
|
RJ/No.
|
Name of the Factory
|
|
1
|
RJ/4337
|
M/s J.K. Cement Works, Nimbahera. Chittorgarh.
|
|
2
|
RJ/2223
|
M/s Birla Cement Works, Chittorgarh.
|
|
3
|
RJ/7997
|
M/s Mangalam Cement Ltd., Modak.
|
|
4
|
RJ/3006
|
M/s Udaipur Cement Works, Udaipur.
|
|
5
|
RJ/7425
|
MA J.K. Acrylics, J.K. Nagar, Kota.
|
|
6
|
RJ/3392
|
M/s J.K. Tyre Cord, J. K. Nagar, Kota.
|
|
7
|
RJ/2686
|
M/s Shriram Fertilisers & Chemicals Ltd. Industries Shri
Ramnagar, Kota.
|
|
8
|
RJ/3800
|
M/s J.K. Steple & Tows Proprietor M/s J.K. Synthetics
Ltd., Kota.
|
|
9. [
[Added by Notification No. F. 4(10) Shram/82. dated 6.2.1996; Published in Rajasthan Gazette Extraordinary Part IV(C)(ii), dated 8.2.1996.]
|
RJ/8240
|
M/s. Bharat Chemical & Fertilisers Ltd., Alwar (Sulphuric
Acid).
|
|
10
|
RJ/11011
|
M/s. Hindustan Agro Chemicals Ltd., Bichadi, Udaipur.
|
|
11
|
RJ/9987
|
M/s. Modi Alkalies and Chemicals Ltd., Alwar.
|
|
12
|
RJ/1252
|
M/s. Pesticides India, Udaipur.
|
|
13
|
RJ/10334
|
M/s. Udaipur Phosphate & Fertilizers Ltd., Khemli,
Udaipur.
|
|
14
|
RJ/10334
|
Chambal Fertilizers & Chemicals, Kota.
|
|
15
|
RJ/12653
|
M/s. Shree Cement Ltd., Beawar.
|
|
16
|
RJ/10642
|
M/s. Laxmi Cement, J.K. Puram, Sirohi.
|
|
17
|
RJ/13343
|
M/s. Shriram Cement Works, Kota.
|
|
18
|
RJ/17425
|
M/s. Hindustan Zinc Ltd., Putholi, Chittorgarh.
|
|
19
|
RJ/14926
|
M/s. Shriram Fibres Ltd., Jhiwana, Alwar.]
|
[Notification No. F. 4(10) Shram/82. dated 13.1.1984: Published in Rajasthan Gazette Part 5(Gh) dated 26.1.84, p. 409].- In pursuance of Section 40(B)(i) of Indian Factories Act, 1948 the State Government directs the occupier of the following factories wherein 1000 or more workers are employed, to appoint number of Safety Officers in their factories as per rule 64(B):-
| | | |
| --- | --- | --- |
|
S. No.
|
RJ/No.
|
Name of the Factory
|
|
1.
|
RJ/269
|
M/s Samber Salt Ltd., Samberlake, Jaipur.
|
|
2.
|
RJ/2054
|
M/s Kamani Engineering Corpn. Ltd., Jhotwara, Jaipur.
|
|
3.
|
RJ/38
|
M/s Jaipur Spinning & Weaving Mills, Jaipur.
|
|
4.
|
RJ/22
|
M/s National Engineering Industries, Khatipura, Jaipur.
|
|
5.
|
RJ/23
|
M/s Jaipur Metals & Electricals Ltd., Jaipur.
|
|
6.
|
RJ/3170
|
M/s Khetri Copper Project, Hindustan Copper Ltd., Khetrinagar,
Jhunjhunu.
|
|
7.
|
RJ/11
|
M/s Jaipur Udyog Ltd., Sawaimadhopur.
|
|
8.
|
RJ/2190
|
M/s Instrumentation Ltd., Kota.
|
|
9.
|
11J/1261
|
M/s J.K Synthetics Ltd., Kota.
|
|
10.
|
RJ/1941
|
M/s Shriram Rayons, Kota.
|
|
11.
|
RJ/1464
|
Mis Shriram Vinyal & Chemicals, Kota.
|
|
12.
|
RJ/I030
|
M/s Wagon Repairs Workshop, Western Rly., Kota.
|
|
13.
|
RJ/25
|
M/s The Associated Cement Co., Lakheri (Bondi) .
|
|
14.
|
RJ/1556
|
M/s Rajasthan Textiles Mills, Bhawanimandi.
|
|
15.
|
RJ/682
|
M/s Central India Machinery Mfg. Co., Bharatpur.
|
|
16.
|
RJ/5274
|
M/s J.K. Industries, Kankroli, Udaipur.
|
|
17.
|
RJ/2285
|
M/s Zinc Smelter Debari, Udaipur.
|
|
18.
|
RJ/3978
|
M/s Rajasthan Spinning & Weaving Mills, Gulabpura.
|
|
19.
|
RJ/139
|
M/s The Mewar Textile Ltd., Bhilwara.
|
|
20.
|
RJ/1225
|
M/s Rajasthan Spinning & Weaving Mills Ltd., Bhopalganj.
|
|
21.
|
RJ/262
|
M/s Loco Carriage & Wagons Workshop, Bikaner.
|
|
22.
|
RJ/156
|
M/s Jagatjit Cotton Textiles Mills Ltd., Sriganganagar.
|
|
23.
|
RJ/505
|
M/s Mahalaxmi Mills, Beawar, Ajmer.
|
|
24.
|
RJ/504
|
M/s Krishna Mills Ltd., Beawar.
|
|
25.
|
RJ/1461
|
M/s Aditya Mills Ltd., Madanganj, Kishangarh.
|
|
26.
|
RJ/488
|
M/s Locomotive Central Workshop, Ajmer.
|
|
27.
|
RJ/489
|
M/s Carriage & Wagons Workshop, Western Rly., Ajmer.
|
|
28.
|
RJ/503
|
M/s Edward Mills, Beawar, Ajmer.
|
|
29.
|
RJ/277
|
M/s MahaRajasthan Shree Umaid Mills Ltd., Pali.
|
|
30. [
[Added by Notification No. F. 44(410) Shram/92, dated 6.2.1996; Published in Rajasthan Gazette Extraordinary Part IV-C(ii), dated 8.2.1996, p. 410.]
|
RJ/6719
|
M/s. Banswara Syntex Ltd., Banswara.
|
|
31.
|
RJ/2030
|
M/s. Alcobex Metals Ltd., Jodhpur.
|
|
32.
|
RJ/2031
|
Northern Railway Workshop, Jodhpur.
|
|
33.
|
RJ/9892
|
M/s. Durby Textiles Ltd., Jodhpur.
|
|
34.
|
RJ/3076
|
M/s. Rajasthan Co-operative Spinning Mills, Gulabpura,
Bhilwara.
|
|
35.
|
RJ/9371
|
M/s. Modem Threads (India) Ltd., Raila.
|
|
36.
|
RJ/6698
|
M/s. Modern Syntex (India) Ltd., Desula, Alwar.
|
|
37.
|
RJ/2940
|
M/s. HMT Ltd., Ajmer.
|
|
38.
|
RJ/319
|
M/s. The Ganganagar Sugar Mills Ltd., Sriganganagar.
|
|
39.
|
RJ/10338
|
M/s. Kota Thermal Power Station, Kota.
|
|
40.
|
RJ/10932
|
M/s. Ganganagar Sahakari Spinning Mills Ltd., Hanumangarh.
|
|
41.
|
RJ/2731
|
M/s. Shri Rajasthan Syntex Ltd., Dungarpur.
|
|
42.
|
RJ/9942
|
M/s. Shruti Synthetics Ltd., Loyara, Udaipur.
|
|
43.
|
RJ/9051
|
MA. Orient Syntex, Bhiwadi.
|
|
44.
|
RJ/20994
|
M/s. Arham Spinning Mills, Gram-Udaipur (Bhiwadi) Alwar.
|
|
45.
|
RJ/11719
|
M/s. Parasrampuria Synthetics, Bhiwadi.]
|
Section 41-A
[Notification No. If 4(3) Shram/88. 9-1-1989: Published Rajasthan Gazette p 5(G11), dated 15.6.89, p. 3].- In exercise of the powers conferred under sub-section (1) of Section 41-A of Factories Act. 1948, the State Government appoints "SITE APPRAISAL COMMITTEE" consisting of the following members for the purpose of advising it to consider applications for grant of permission for initial location of a factory- belonging to category specified in para 2 below involving hazardous process or for the expansion of any such factory:
| | | |
| --- | --- | --- |
|
1.
|
The Chief Inspector of Factories & Boilers, Rajasthan,
Jaipur.
|
Chairman
|
|
2.
|
A representative of the Central Board for the prevention and
control of Water Pollution, Delhi under Section 3 of the Water
(Prevention and Control of Pollution) Act, 1974 (6 of 1974).
|
Member
|
|
3.
|
A representative of Rajasthan State Board for Prevention and
Control of Water Pollution, Jaipur appointed under Section 4 of
the Water (Prevention and Control of Pollution) Act, 1974 (6 of
1974).
|
Member
|
|
4.
|
A representative of the Central Board for the Prevention and
Control of Air Pollution, Delhi under Section 3 of the Air
(Prevention and Control of Pollution) Act, 1981 (14 of 1981).
|
Member
|
|
5.
|
A representative of the State Board for the Prevention and
Control of Air Pollution, Jaipur referred to in Section 5 of the
Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).
|
Member
|
|
6.
|
A representative of the Department of Environment in State
Member
|
Member
|
|
7.
|
A representative of the Meteorological Department, Govt. of
India Member
|
Member
|
|
8.
|
A representative of Town Planning Dept. Rajasthan, Jaipur
Member
|
Member
|
|
9.
|
Dr. S. K. Baxi, Dy. Director. E.S.I.. Jaipur.
|
Member
|
|
.
|
|
|
10.
|
Shri S. P. Purwar, Controller of Explosives, Jaipur.
|
Member
|
|
11.
|
Shri Abhaya Singh, Dy. Director, Directorate of Industries,
Jaipur.
|
|
12.
|
Shri O.P. Ajmera, Asstt. Director, Directorate of Local
Bodies, Jaipur.
|
|
13.
|
The Senior Town Planner, Jaipur Development Authority, Jaipur.
|
|
14.
|
Shri Sudhir Gupta. Dy. General Manager, Rajasthan State
Industrial Development and Investment Corporation Ltd., Jaipur.
|
|
15.
|
Shri R.N. Saxena, Dy. Development Commissioner, Training,
Rural Development and Panchayat, Rajasthan Jaipur.
|
The Site Appraisal Committee shall advise the State Government for grant of permission for initial location for the following categories of factories:
### 1. All Large/Medium Industries. ###
2. Small Scale Industries:
(a) Which are proposed to be located within Municipal limits notified under Rajasthan Municipal Act/U.I. Act. 1959.
(b) Storing hazardous substances exceeding threshold quantities mentioned in enclosed annexure to this notification. All the Members will present views of the respective departments in meetings of the committee.
Notification will take effect from 7-1-1989.
Annexure
Groups, names and Threshold quantities of Hazardous substances presenting major Accidents Hazards.
| | |
| --- | --- |
|
Substance
|
Threshold quantity
|
|
Group-1-Toxic Substances.
|
|
Aldicarb
|
1 tonne
|
|
4- Aminodiphenyl
|
-do-
|
|
Amiton
|
-do-
|
|
Anabasine
|
-do-
|
|
Arsenic pentoxide, Arsenic M acid and Salts
|
-do-
|
|
Arsenic trioxide, Arsenious (III) acid and Salts
|
-do-
|
|
Arsin (Arsenic Hydride)
|
-do-
|
|
Azinphos-ethyl
|
-do-
|
|
Azinphos-methyl
|
-do-
|
|
Benzidine
|
-do-
|
|
Benzidine Salts
|
-do-
|
|
Beryllium (Powders, compounds)
|
-do-
|
|
Bis (2-choloroethyl) Sulphide
|
-do-
|
|
Bis (Chlormethyl) ether
|
-do-
|
|
Carbofuran
|
-do-
|
|
Carbophenothion Threshold quantity
|
-do-
|
|
Substance Threshold quantity
|
-do-
|
|
Chlorfenvinphos
|
1 tonne
|
|
4-(Chlorofonnyl) morpholine
|
-do-
|
|
Chloromethyl methyl ether
|
-do-
|
|
Cobalt (powders, compounds)
|
-do-
|
|
Crimidine
|
-do-
|
|
Cyanthoate
|
-do-
|
|
Cycloheximide
|
-do-
|
|
Demeton
|
-do-
|
|
Dialifos
|
-do-
|
|
00-Diethyl S-ethyl Sulphinylmethyl Phosphorothioate
|
-do-
|
|
00-Diethyl S-ethyl sulphonyl methyl Phosphorothioate
|
-do-
|
|
00-Diethyl S-ethyl thiomethyl Phosphorothioate
|
-do-
|
|
00-Diethyl S-isprophyl thiomethyl Phosphorodithioate
|
-do-
|
|
Dimefox
|
-do-
|
|
Dimethylcarbmoyl chloride
|
-do-
|
|
Dimethylnitrosamine
|
-do-
|
|
Dimethyl phosphoromidocyanidic acid
|
-do-
|
|
Diphacinone
|
-do-
|
|
Disulfoton
|
-do-
|
|
EPN
|
-do-
|
|
Ethion
|
-do-
|
|
Fensulfothion
|
-do-
|
|
Fluenetil
|
-do-
|
|
Fluoroactic acid
|
-do-
|
|
Fluoroacetic acid, Salts
|
-do-
|
|
Fluroacetic acid, esters
|
-do-
|
|
Fluoroactic acid, amides
|
-do-
|
|
Flurobutyric acid
|
-do-
|
|
4-Fluorobutyric acid, salts
|
-do-
|
|
4-Fluorobutyric acid, esters
|
-do-
|
|
4-Fiuorobutyric acid, amides
|
-do-
|
|
4-Fluorocrotonic acid
|
-do-
|
|
4-Fluorocrotonic acid, salts
|
-do-
|
|
4-Fluorocrotonic acid, esters
|
-do-
|
|
4-Fluorocrotonic acid, amides
|
-do-
|
|
4-Fluoro-2-hydroxybutyric acid
|
-do-
|
|
4-Fluoro-2-hydroxybutyric acid, salts
|
-do-
|
|
4-Fluoro-2-hydroxybutyric acid, esters
|
-do-
|
|
4-Fluoro-2-hydroxybutyric acid, amides
|
-do-
|
|
Glyeolonitrile (Hydroxyacetonitrile) |
-do-
|
|
1, 2, 3, 7, 8, 9-Gexachlorodibenzo-p-dioxin
|
-do-
|
|
Hexamethylphosphoramide
|
-do-
|
|
Hydrogen selenide
|
-do-
|
|
Isobenzan
|
-do-
|
|
Isodrin
|
-do-
|
|
Juglone (5-Hydroxynaphthalene-1, 4-doine)
|
tonne
|
|
4, 4'-Methylenebis (2-chloroaniline)
|
-do-
|
|
Methyl isocyanate
|
-do-
|
|
Mevinphos
|
-do-
|
|
2- Naphthylamine
|
-do-
|
|
Nickel (powders, compounds)
|
-do-
|
|
Nickel tetracarbonyl
|
-do-
|
|
Oxydisulfoton
|
-do-
|
|
Oxygen difloride
|
-do-
|
|
Paraoxon (Dethyl 4-nitrophenyl phosphate) Parathion
|
-do-
|
|
Parathion-methye
|
-do-
|
|
Pentaborane
|
-do-
|
|
Phorate
|
-do-
|
|
Phosacetim
|
-do-
|
|
Phosphamiden
|
-do-
|
|
Phosphine (Hydroven phosphide)
|
-do-
|
|
Promurit (1-3, 4-Dichlorophenyl)-3-triazenethio Carboxamide
|
-do-
|
|
1, 3-PropanesultoneCarboxamide
|
-do-
|
|
1-Propen-2-chloro-1, 3 diol diacetate pyrazoxon
|
-do-
|
|
Selenium hexafluoride
|
-do-
|
|
Sodium selenite
|
-do-
|
|
Stibine (Antimony hydride)
|
-do-
|
|
Sulfotep
|
-do-
|
|
Sulphur dichloride
|
-do-
|
|
Tellurium hexafluoride
|
-do-
|
|
TEPP
|
-do-
|
|
2, 3, 7, 8-Tetrachloridibenzo-p-dioxin (TCDD) |
-do-
|
|
Tetramethylenedisul photetramine
|
-do-
|
|
Thionazin
|
-do-
|
|
Triphate (2-4. Dimethyl-1,
3-dithiolane-2-Carboxaldehyde-O-methyl carbamoyloxime
|
-do-
|
|
Trichloromethanesulphenyl chloride
|
-do-
|
|
1-Tri (cyclohexyl) stanny 1-1H-1, 2, 4-azole
|
-do-
|
|
Triethylenemelamine
|
-do-
|
|
Group 2-Toxic substances
|
|
Acetone cyanohydrin (2-Cyanopropan- 2-01)
|
200 tonnes
|
|
Acroledin (2-propenal)
|
200 tonnes
|
|
Acryloritrile
|
20 tonnes
|
|
Allyl alcohol (2-Propen-1-01)
|
200 tonnes
|
|
Allylamine
|
200 tonnes
|
|
Ammonia
|
100 tonnes
|
|
Bromine
|
40 tonnes
|
|
Carbon disulphide
|
20 tonnes
|
|
Chlorine
|
10 tonnes
|
|
Ethylene dibromide (1, 2-Dibromeethane)
|
50 tonnes
|
|
Ethyleneimine
|
50 tonnes
|
|
Formaldehyde (concentration 90%)
|
50 tonnes
|
|
Hydrogen chloride (ltquifled gas)
|
250 tonnes
|
|
Hydrogen cyanide
|
20 tonnes
|
|
Hydrogen fluoride
|
10 tonnes
|
|
Hydrogen sulphide
|
50 tonnes
|
|
Methyl bromide (Bromomethane) |
200 tonnes
|
|
Nitrogen oxides
|
50 tonnes
|
|
Phosgen (Carbonyl chloride)
|
2 tonnes
|
|
Propyleneimine
|
50 tonnes
|
|
Sulphur dioxide
|
20 tonnes
|
|
Sulphur troxide
|
15 tonnes
|
|
Tetrathyl lead
|
50 tonnes
|
|
Totramethyl lead
|
50 tonnes
|
|
Group 3-highly reactive substances
|
|
Acetylene (Ethyne) |
50 tonnes
|
|
Ammonium nitrate
|
500 tonnes
|
|
2, 2-Bis (tert-buty-1 peroxy) butane (concentration 70%)
|
5 tonnes
|
|
1, 1-Bis (tert-buty 1 peroxy) cyclohexane (concentration 80%)
|
5 tonnes
|
|
tert-buty 1 peroxyacetate (concentration 70%)
|
5 tonnes
|
|
tert-buty 1 peroxyisobutyrate (concentration 80%)
|
5 tonnes
|
|
tert-buty 1 peroxyisopropy 1 carbonate (concentration 80%)
|
5 tonnes
|
|
tert-buty 1 peroxymaleate (concentration 80%)
|
5 tonnes
|
|
tert-buty 1 peroxypivalate (concentration 77%)
|
50 tonnes
|
|
Dibenzy 1 peroxydicarbonate (concentration 90%)
|
5 tonnes
|
|
Di-sec-buty 1 peroxydicarbonate (concentration 80%)
|
5 tonnes
|
|
Diethyl peroxydicarbonate (concentration 30%)
|
50 tonnes
|
|
2, 2-Dihydropermcypropane (concentration 30%)
|
5 tonnes
|
|
Di-isobutyry 1 peroxide (concentration 50%)
|
50 tonnes
|
|
Di-n-propy 1 peroxydica carbonate (concentration 80%)
|
5 tonnes
|
|
Ethylene oxide
|
5 tonnes
|
|
Ethyl nitrate
|
50 tonnes
|
|
3,3,6,6,9, 9-Hexamethyl 1-1, 2, 4, 5,-tetroxacy clononane
(concentration-75%)
|
50 tonnes
|
|
Hydrogen
|
2 tonnes
|
|
Methyl ethyl ketone peroxide (concentration 60%)
|
5 tonnes
|
|
Methyl sobulyl ketone peroxide (concentration 60%)
|
50 tonnes
|
|
Peracetic acid (concentration 60%)
|
50 tonnes
|
|
Propylene oxide
|
5 tonnes
|
|
Sodium chlorate
|
25 tonnes
|
|
Liquid oxygen
|
500 tonnes
|
|
Group 4-Explosive substances
|
|
Bairum azide
|
50 tonnes
|
|
Bis (2, 4, 6-trinitrophenyl) amine
|
50 tonnes
|
|
Chlorotrinitrobenzene
|
50 tonnes
|
|
Cellulose nitrate (containing 12.6% nitrogen)
|
50 tonnes
|
|
Cycloteramethyl enetetrarintramine
|
50 tonnes
|
|
Diszodinitrophenol
|
10 tonnes
|
|
Deithylene glycol dinitrate
|
10 tonnes
|
|
Dinitrophenol, salts
|
50 tonnes
|
|
Ethylene glycol dianirate
|
10 tonnes
|
|
1-Guanyl-4-nitrosaminoguanyl-1-tetrazone
|
10 tonnes
|
|
2, 2, 4, 4, 6, 6,-Hezanitrostilbene
|
50 tonnes
|
|
Hydrazine nitrate
|
50 tonnes
|
|
Lead azide
|
50 tonnes
|
|
Lead styphnate (Lead 2, 4, 6-trinitroresorcinoxide)
|
50 tonnes
|
|
Mercury fulminate
|
10 tonnes
|
|
N-Methyl-N, 2, 4, 6-totranitroaniline
|
50 tonnes
|
|
Nitroglycerine
|
10 tonnes
|
|
Pentaerythritol tetranitrate
|
50 tonnes
|
|
Picric acid (2, 4. 6- Trinitrophenol)
|
50 tonnes
|
|
Sodium picramate
|
50 tonnes
|
|
Styphnic acid (2, 4, 6- Trinitroresorcinol)
|
50 tonnes
|
|
1, 3, 5-Triamino (2. 4. 6-trinitrobenzene)
|
50 tonnes
|
|
Trinitroaniline
|
50 tonnes
|
|
2, 4, 6-Trinitroanisole
|
50 tonnes
|
|
Trinitrobenzoic acid
|
50 tonnes
|
|
Trinitrocresol
|
50 tonnes
|
|
2, 4, 6-Trinitrophenetole
|
50 tonnes
|
|
2, 4, 6-Trinitrotoluene
|
50 tonnes
|
|
Group 5-Flammable substances not specifically named in
Group 1-4
|
|
1.
|
Gas or any mixture of gases which is flammable in air and is
held in the installation as a gas.
|
15 tonnes
|
|
2.
|
A substance or any mixture of sub-stance which is flammable in
air and is normally held in the installation above its boiling
point (measured at 1 bar absolute) as a liquid or as a mixture of
liquid and gas at a pressure of more than 1.4 bar absolute.
|
25 tonnes being the total quantity of substances above the
boiling points whether held singly or in the mixtures.
|
|
3.
|
A liquefied gas or any mixture of liquifted gases. which is
flammable in air, has a boiling point of less than 0 degree C
(measured at 1 bar absolute) and is normally held in the
installation under refrigeration or cooling at a pressure of 1.4
bar absolute or less.
|
50 tonnes being the total quantity of substances having
boiling points below 0 degree C whether held singly or in mixture
|
|
4.
|
A liquid or any mixture of liquids 10,000 tonnes. not included
in items 1 to 3 above, which has a flash point of less than 21
degree C.
|
10,000 tonnes
|
Section 65
Exemption to factories in Special Economic Zones (SEZs) [Notification No. F. 3(36) Legal F & B/2005, dated 24.10.2005: Rajasthan Gazette, Extraordinary Part IV-C(II), dated 26.11.2005, p. 345-A]S.O. 281-A. - Whereas, the State Government is satisfied that factories to be established in a "Special Economic Zone", will be regularly dealing with exceptional pressure of work and that suitable exemption from the provisions of the Factories Act, 1948 (No. 63 of 1948) is required to enable them to deal with such pressure of work:
Now, therefore, in exercise of the powers conferred by sub-section (2) of Section 65 of the Factories Act, 1948 (No. 63 of 1948), the State Government hereby exempts all the adult workers in all Factories to be established in such "Special Economic Zone" from the provisions of Sections 51, 52, 54 & 56 of the said Act, subject to the conditions specified in sub-section (3) of Section 65 of the said Act.
Explanation.- "Special Economic Zone" means all area notified as a "Special Economic Zone" by the Government of India, Ministry of Commerce and Industry.
Section 85
[Notification No. F. 3(104) Ind (C)I 60. dated 24.2.1960: Published in Rajasthan Rajpatra Part I(b). dated 5.1.61, p. 491].- In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act. 1948 (63 of 1948). and in supersession of notification No. F. 19 (5)/Lab/54, dated the 18th October, 1955, the Government of Rajasthan hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below against each categories shall apply to the categories of places specified hereunder where a manufacturing process is being carried on with the aid of power or is so ordinarily carried on notwithstanding that-
(1) the number of persons employed therein is less than ten, if working with the aid of power, or
(2) the persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner
| | | |
| --- | --- | --- |
|
|
Categories of places
|
Provisions of the Factories Act 1948 which
shall not apply to them
|
|
(a) |
All places where the process of Cotton Ginning is carried on
or ordinarily carried on.
|
Sections 15, 46, 47, 48 & 49 of the Act in
irrespect of the all workers.
|
|
(b) |
All places where saw machines and other wood working machines
used or ordinarily used.
|
-do-
|
|
(c) |
All places where any of the following process is carried on or
ordinarily carried on by way of trade or purpose of gain.(i) Composing types for printing.(ii) Printing by letter
press.(iii) Lithography.(v) Other similar work.
|
Sections 15, 46, 47 & 49 of the Act5 in respect
of the all workers.
|
[Notification No. F. 1(157) L&E/75, dated 27.1.1976: Published in Rajasthan Gazette Part IV-C. dated 5.2.76, p. 499]. S.O. 675. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (LXIII of 1948) and in supersession of Notification No. F. 1(75) L & E/75, dated 24.2.75 published in Rajasthan Gazette Part 4(II) dated 6.3.75, the Government of Rajasthan hereby declares that all the provisions of the said Act, except the provisions of sections specifically mentioned below against each category shall apply to the places specified hereunder where a manufacturing process is being carried on with or without the aid of power, or is so ordinarily carried on notwithstanding that the persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family members.
| | | |
| --- | --- | --- |
|
S. No.
|
Categories of places
|
Provisions of the Factories Act. 1948 which
shall not apply to them
|
|
1.
|
All places where the Process of Dying, Bleaching, finishing
and Printing of clothes.
|
Sections 13, 14, 15, 19, 20, 46, 47, 48 & 49 of the Act. in
respect of all workers.
|
[Notification No. F. 4(1) Shram/83, dated 5.6.1984: Published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 14.6.84, p. 47] S.O. 62. - In exercise of the powers conferred by sub-Section (1) of the Section 85 of the Factories Act. 1948 (Central Act LXIII of 1948) and in supersession of Notification No. F. 1(75) L&E/74. dated 24.2.75 published in Rajasthan Gazette, Part 4 (Kh), dated 6-3-75, the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in Column 3 against each category shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on. notwithstanding that:-
(i) the number of persons employed therein is less than ten, if working with the aid of power, or
(ii) the persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family members.
| | | |
| --- | --- | --- |
|
S. No.
|
Categories of Manufacturing Process
|
Provisions of the Factories Act Which shall
not apply to them
|
|
1.
|
Where the process of Cotton Ginnings carried on.
|
Sections 13, 14, 15, 19, 20, 46, 47, 48 & 49 of the
Factories Act, 1948 and rule 3 of the Rajasthan Factories Rules,
1951 made under Section 6 of the Act in respect of all workers.
|
|
2.
|
Where a saw machine & other wood working machine is used
|
-do-
|
|
3.
|
Where power loom is used for weaving cloth
|
-do
|
|
4.
|
Where oil seeds are crushed to extract oil by kohlu or
expeller.
|
-do-
|
|
5.
|
Where any of the following process is carried on:—(i) type foundries where lead is used.(ii) Composing types for
printing(iii) Printing by letter press(iv)
Lithography(v) Photogravure
|
|
[Notification No. F. 4(10) Lab./88, dated 29.11.1988; Published in Rajasthan Gazette Extraordinary Part IV-C(II), dated 30.11.88, p. 353]. S.O. 188. - ln exercise of the powers conferred by the sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby makes the following amendment in this department Notification No. F. 4(1) Shram/83, dated 5th June, 1984 published in Rajasthan Gazette Part 4(C)(II) dated 14th June, 1984 namely:-
Amendment
In the said notification the existing S. No.5 and entries thereto shall be deleted.
[Notification No. F. 4(1) Lab./85, dated 21.2.1986]. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in column 3 against each category shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on, notwithstanding that:-
(i) The number of persons employed therein is less then ten, if working with the aid of power, or
(ii) The persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family members:-
| | | |
| --- | --- | --- |
|
S. No.
|
Categories of manufacturing process
|
Provisions of the Factories Act which shall
not apply to them
|
|
1.
|
Where the process of cutting/ polishing/ dressing/
sewing/grinding/ edge cutting/crushing etc. of stones except
precious & semi precious stone is carried on.
|
Sections 13, 15 & 19 of the Factories Ad 1948
and Rule of the Rajasthan Factories Rules, 1951 made under
Section 6 of the Act in respect of all workers.
|
|
2.
|
Where the process of manufacture of chemicals and
process incidental thereto as covered under schedules prescribed
under Rule 100 of the Rajasthan Factories Rules, 1951 is carried
on.
|
Nil
|
|
3.
|
Where the process of manufacture of bangles and
other article from cinematograph film and toxic & inflammable
solvents is carried on.
|
Nil
|
|
4.
|
Where the process of compression of oxygen and
hydrogen produced by the electrolysis of water is carried on.
|
Nil
|
|
5.
|
Where the process of manufacture or manipulation of
carcinogenic dye intermediates is carried on.
|
Nil
|
|
6.
|
Where the process of manufacture handling and use
of Banzene is carried on.
|
Nil
|
|
7.
|
Where the carbondie sulphide is generated.
condensed. refined and stored.
|
Nil
|
|
8.
|
Where the process of manufacture and manipulation
of dangerous. pesticides is carried on.
|
Nil
|
[Notification No. F. 14(7) L & E186, dated 25.2.1986; Published in Rajasthan Gazette Extraordinary Part IV(Ga)(II), dated 25.2.86, p. 410]. S.O. 200. - In exercise of the powers conferred by sub-section (1) of the Section 85 of Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in column 3 against each category shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on not withstanding that:-
(i) The number of persons employed therein is less than ten, if working with the aid of power, or
(ii) The persons working therein are not employed by the owner thereof but are working with the permission of or under agreement with such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family members
| | | |
| --- | --- | --- |
|
S. No.
|
Categories of manufacturing Process
|
Provisions of the Factories Act which shall
not apply to them
|
|
1
|
Where the process of preserving and Storing of any article in
cold storage is carried on.
|
Section 15, 19 of the Factories Act. 1948 and rules made
thereunder.
|
|
2
|
Where ammonia, chlorine and other toxic gases are used in the
process is carried on.
|
-do-
|
[Notification No. F. 14(7) L & E. 186, dated 9.6.1994; Published in Rajasthan Gazette Extraordinary Part IV(Ga)(II), dated 13.6.94, p. 83]. S.O. 67. - In exercise of the powers conferred by sub-section (1) of section 85 of the Factories Act, 1948 (Central Act LXIII of 1948) and in supersession of all previous notifications issued in this behalf, the State Government hereby declares that all the provisions of the said Act, except the provisions of the sections specifically mentioned below in column against each category, shall apply to all places in Rajasthan where any of the manufacturing process as specified hereunder in column 2 is being carried on with the aid of power or is so ordinarily carried on notwithstanding that:-
(i) The number of persons employed therein is less than ten, if working with the aid of power, or
(ii) The persons working therein are not employed by the owner thereof but are' working with the permission of or under agreement with such owner:
Provided that the manufacturing process is not being carried on by the owner only with the aid of his family:-
| | | |
| --- | --- | --- |
|
S. No.
|
Categories of manufacturing processes
|
Provisions of the Factories Act which shall
not apply to them
|
|
1
|
2
|
3
|
|
1
|
Where the process of preserving and storing of any article in
cold storage is carried on.
|
Sections 13, 15 & 19 of the Factories Act 1948 and rule 3
of Rajasthan Factories Rules, 1951 made under section 6 of the
Act in respect of all workers.
|
|
2
|
Where a Saw Machine and other wood working machine is used
|
Sections 13, 15 & 19 of the Factories Act. 1948 and rule 3
of Rajasthan Factories Rules. 1951 made under section 6 of the
Act in respect of all workers.
|
|
3
|
(a) Where the process of manufacturing of Chemicals and
process incidental thereto as covered under Schedule-X (except
manipulation) prescribed under Rule 100 of the Rajasthan
Factories Rules, 1951 is carried on.
|
Nil
|
|
4
|
(b) Where ammonia, chlorine and other toxic gases are used in
the process.
|
|
[Notification No. F. 14(7) L&E 186, dated 23.2.1996: Published in Rajasthan Gazette Extraordinary, Part IV-C(II), dated 26.2.96. p. 445]. S.O. 252. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948) the State Government hereby declares that all the provisions of the said Act shall apply to all places in Rajasthan where the manufacturing process of Asbestos or its ancillary products as specified hereunder in column 2 is being carried on with or without the aid of power or is so ordinarily carried notwithstanding that
### 1. the number of persons employed therein is less than ten, if working with the aid of power and less than twenty if working without the aid of power, or ###
2. the persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family members.
| | |
| --- | --- |
|
S. No.
|
Category of manufacturing process
|
|
1
|
Handling and processing of Asbestos, manufacture of any
articles of Asbestos. and any other process of manufacture or
otherwise in which asbestos is used in any form.
|
Section 85
[Notification No. F.3(1) Legal/F&B 12003, dated July 21, 2003, Jaipur. Published in Rajasthan Gazette Extraordinary Part 4(Gha), dated 24.7.2003]. S.O. 166. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act shall apply to all places in Rajasthan where manufacturing process as specified hereunder in column-2 is being carried on with the aid of power or is so ordinarily carried on notwithstanding that:
### 1. The number of persons employed therein is less than ten, if working with the aid of power, or ###
2. The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with, such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family.
| | |
| --- | --- |
|
S. No.
|
Category of manufacturing process
|
|
(1) |
(2) |
|
1.
|
All places where kier is used in the process of fabrics or
yarn washing.
|
|
2.
|
All places where crushing and grinding of[quartz]
[Substituted for the word 'quartz' vide Notification F3(1) legal/F&B/2003 dated 22.10.2003.]
is carried
on.
|
[Notification No. F.3(1) Legal I F&B I 200414392-95, dated 27.7.2004, Jaipur. Published in Rajasthan Gazette Extraordinary Part 4(Gha), dated 29.7.2004]. S.O. 132. - In exercise of the powers conferred by sub-section (1) of Section 85 of the Factories Act, 1948 (Central Act LXIII of 1948), the State Government hereby declares that all the provisions of the said Act shall apply to all places in Rajasthan where manufacturing process as specified hereunder in column-2 is being carried on with the aid of power or is so ordinarily carried on, notwithstanding that:
### 1. The number of persons employed therein is less than ten, if working with the aid of power, or ###
2. The persons working therein are not employed by the owner thereof but are working with the permission of, or under agreement with such owner:
Provided that the manufacturing process is not being carried on by the owner with the aid of his family-
| | |
| --- | --- |
|
S. No.
|
Category of manufacturing process
|
|
(1) |
(2) |
|
1
|
all places having a licenced capacity from the Explosive
Deptt. Govt., of India of 10 tonnes or more for storage of LPG
(Liquefied Petroleum Gas) and carrying on the following
activities:—(i) Bottling of LPG, or(ii) LPG is used
in the manufacturing process.
|
Section 86
[Notification No. F. 15(4) Lab. /52. dated 8.6.1955].- In exercise of the powers conferred by Section 86 of the Factories Act, the Government of Rajasthan is pleased to exempt the M.B.M. Engineering College WorkShop, Jodhpur and the Birla Engineering College Workshop, Pilani from all the provisions except those of Sections 6, 7, 51, 52, 53, 54, 55 and 59 of the aforesaid Act, on the condition that the workshop shall be maintained exclusively for the purposes of education and training.
No fees shall be charged for registration and licensing of the aforesaid workshops under rule 5 of the Rajasthan Factories Rules, 1951.
[Notification No. F. 1(5) (8) L & E 67, dated 8.10.1975: Published in Rajasthan Gazette Part IV-C, dated 16.10.75. p. 369]., S.O. 523. - In exercise of the powers conferred by Section 86 of the Factories Act 1948 (Central Act No. 63 of 1948) the State Government is hereby exempts the Pilot Milk Supply Scheme, Udaipur from the provisions of the said Act.
Rule 29
[Notification No. F. 15(4) Lab. 152. dated 8-2-1955]- In exercise of the powers conferred by sub-rule (1) of Rule 29 of the Rajasthan Factories Rules, 1951, the Government of Rajasthan is hereby pleased to order that provisions of Rules 29 to 33 of the said Rules shall come into force in respect of factories of the nature described under sub-rule (1) of Rule 29 of the said Rules, situated in dark localities or carrying on manufacturing operations on cloudy days, with effect from the expiry of six months from the publication of this notification in the Rajasthan Gazette.
Rule 53
[Notification No. F. 15(4) Lab. 152. dated 8-2-1955].- In exercise of the powers conferred by sub-rule (2) of rule 53 of the Rajasthan Factories Rules, 1951, the Government of Rajasthan is hereby pleased to order that rule 53 of the said rules shall come into force in respect of the factories described below on the dates given below:
| | |
| --- | --- |
|
Description of Factories
|
Date of commencement of rule 53
|
|
Factories where machines mentioned in the Schedules I & II
to rule 53 of the Rajasthan Factories Rules 1951 are in use.
|
Six month from the publication of this notification in the
Rajasthan Gazette.
|
|
Factories where machines mentioned in Schedules III & IV
to rule 53 of the Rajasthan Factories Rules. 1951 are in use.
|
Seven months from the publication of this notification in the
Rajasthan Gazette.
|
Rule 57-A
[Notification No. 4(4) Shram/78. dated 17.7.1979: Published in Rajasthan Gazette Part IV-C. dated 2.8.79. p. 144]. S.O. 179. - Whereas, in the opinion of the State Government compliance with the requirements of the provisions contained in sub-rule (5) of rule 57-A of the Rajasthan Factories Rules, 1951 is impracticable in respect of the overhead travelling cranes, which were installed before the date of this notification in the M/s. Multimetals Ltd., Kota.
Now, therefore, in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the said M/s. Multimetals Ltd., Kota from complying with the requirements of the provisions of sub-rule (5) of rule 57-A of the said Rules in respect of overhead travelling cranes installed by it before the date of this notification subject to the following conditions, namely:
### 1. No worker or person other than crane driver shall be allowed to go on the crane track as long as crane electric supply line is alive. The electric disconnections shall be such as to ensure that connections will not be connected as long as persons other than the crane driver are on the crane track or on the crane itself for repairs or otherwise. ###
2. That the approach to the crane track shall be so fenced that no person other than those authorised by the departmental foreman can go on the crane, track.
[Notification No. F. 8 Lab./80, dated 12.8.1980; Published in Rajasthan Gazette Part IV-C, dated 4.9.80. p. 282] S.O. 315. - Whereas, in the opinion of the State Government compliance with the requirements of the provisions contained in sub-rule (5) of rule 57-A of the Rajasthan Factories Rules, 1951 is impracticable in respect of the overhead travelling cranes, which were installed before the date of this notification in the M/s. J.K. Staple & Tows, Kota.
Now, therefore, in exercise of the powers conferred by sub-rule (10) of rule 57 -A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the said M/s. J.K. Staple & Tows, Kota from complying with the requirements .of the provisions of sub-rule (5) of rule 57 -A of the said Rules in respect of overhead travelling cranes installed by it before the date of this notification subject to the following conditions, namely:
### 1. No worker or person other than crane driver shall be allowed to go on the crane track as long as crane electric supply line is alive. The electric disconnections shall be such as to ensure that connections will not be connected as long as persons other than the crane driver are on the crane track or on the crane itself for repairs or otherwise. ###
2. That the approach to the crane track shall be so fenced that no person other than those authorised by the departmental foreman, can go on the crane track.
### 3. A portable ladder of sufficient height with foot rest shall be provided in order to enable a crane driver or a maintenance man to reach on the crane track for the maintenance of the crane track. [Notification No. F. 4(7) Shram/82, dated 22.1.1983: Published in Rajasthan Gazette Part V(D), dated 3.2.83. p. 299].- Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951, is not necessary in respect of the overhead travelling cranes of M/s. Mahavir Aluminium Limited, Bhiwari (Raj.).
Now, therefore, in exercise of the power conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes M/s. Mahavir Alumihium Limited, Bhiwari (Raj.) from the operation of the provisions of sub-rule (5) of the said rules subject to the following conditions namely:
### 1. That the crane should be operated from the floor by the push button and no person will be allowed to go on the crane track. ###
2. That the approach to the crane track shall be so fenced so that button and no person will be allowed to go on the crane track.
### 3. A portable ladder of sufficient height with foot rest shall be provided in order to enable the maintenance staff to reach on the crane track for the maintenance of the crane track. [Notification No. F. 4(3) Shram/82. dated 7.5.1984, Published in Rajasthan Gazette Extraordinary Part IV-C(I), dated 10.5.84. p. 43]. S.O. 25. - Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951 is not necessary in respect of the overhead travelling cranes of M/s. Alcobex Metals (P) Ltd., Jodhpur.
Now therefore, in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes of M/s. Alcobex Metals (P) Ltd., Jodhpur from the operation of the provisions of sub-rule (5) of the said rules subject to the following conditions, namely:
### 1. That the crane should be operated from the floor by the push button and no unauthorised person will be allowed to go on the crane track. ###
2. No person shall be allowed to go on the crane track unless the electricity supply lines supplying power to these cranes are effectively disconnected and the electric disconnection will not be connected as long as such persons are on the crane track or on the crane itself for any maintenance work or otherwise.
### 3. That the approach to the crane track shall be so fenced so that no unauthorised person is able to go on the crane track. ###
4. A portable ladder of sufficient height with foot rest shall be provided in order to enable the maintenance staff to reach on the crane track for the maintenance of the crane track.
[Notification No. F. 4(2) Shram/84, dated 7.5.1984: Published in Rajasthan Gazette Extraordinary Part IV(C)(1). dated 10.5.84. p.447. S.O. 26. - Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951, is not necessary in respect of the overhead travelling cranes of Western Railway Workshop. Jodhpur. Now therefore in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes of Western Railway Workshop, Jodhpur from the operation of the provisions of sub-rule (5) of the said rules, subject to the following conditions, namely:
### 1. That the crane should be operated from the floor by the push button and no unauthorised person will be allowed to go on the crane track. ###
2. No person shall be allowed to go on the crane track unless the electricity supply lines supplying power to these cranes are effectively disconnected and the electric disconnection will not be connected as long as such persons are on the crane track or on the crane itself for any maintenance work or otherwise.
### 3. That the approach to the crane track shall be so fenced so that no unauthorised person is able to go on the crane track. ###
4. A portable ladder of sufficient height with foot rest shall be provided in order to enable the maintenance staff to reach on the crane track for the maintenance of the crane track.
[Notification No. F. 4(6) Shram/84, dated 14.9.1984: Published in Rajasthan Gazette Extraordinary Part IV-C(II), dated 15.9.84. p. 179]. S.O. 94. - Whereas in the opinion of the State Government compliance with the requirements of the provisions contained in rule 57-A of the Rajasthan Factories Rules, 1951 is not necessary in respect of the overhead travelling cranes of M/s Swastik Castings Private Ltd., B-229. Road No. 9. Vishwakarma Industrial Area. Jodhpur.
Now therefore. in exercise of the powers conferred by sub-rule (10) of rule 57-A of the Rajasthan Factories Rules, 1951, the State Government hereby exempts the overhead travelling cranes of M/s. Swastik Castings Private Ltd., B-229. Road No. 9. Vishwakarma Industrial Area, Jodhpur from the operation of the provisions of sub-rule (5) of Rule 57-A of the said rules. subject to the following conditions. namely:-
### 1. No worker or person other than crane driver shall be allowed to work on the crane track as long as crane electric supply line is live. The electric disconnections shall be such as to ensure that connection will not be connected as long as persons other than the crane driver are on the crane itself for repairs or otherwise. ###
2. That the approach to the crane track shall be so fenced that no person other than those authorised by the department foreman can go on the crane track.
### 3. A portable ladder of sufficient height with foot rest shall be provided in order to enable a crane driver or a maintenance-man to reach on the crane track for the maintenance of the crane track. Rules 69-75
Notification No.F. 4(9) Shram/82
G.S.R. 88 dated 30.10.198. - In pursuance of Rule 69 of the Rajasthan Factories Rules, 1951 and in supersession of all the previous notifications issued in this behalf by the Government, the State Government hereby directs that rules 69 to 75 of the said rules shall apply to the factories specified in the schedule appended hereto, with effect from the date of publication of this notification in Rajasthan Rajpatra.
Schedule 6
------------
Factories
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
RJ/No.
|
Name of the factory
|
Employment according to licence
|
|
1.
|
2
|
3
|
4
|
|
1.
|
277
|
Maharaja Shri Ummaid Mills, Pali
|
4000
|
|
2.
|
156
|
Jagatjeet Cotton Textile Ltd., Sriganganagar
|
2400
|
|
3.
|
319
|
Shri Gan:ana:ar Sugar Mills, Sriganganagar
|
1500
|
|
4.
|
25
|
The Associated Cement Co., Lakheri, Bundi
|
2000
|
|
5.
|
2890
|
Keshorai Patan Sahakari Sugar Factory, Bundi
|
650
|
|
6.
|
585
|
Sudershan Textile, Kota
|
1500
|
|
7.
|
1030
|
Wagon Repari Workshop, Kota
|
2896
|
|
8.
|
1261
|
J.K. Synthetics Ltd. Kota
|
5000
|
|
9.
|
1464
|
Shri Ram Vinyal & Chemicals, Kota
|
3000
|
|
10.
|
1736
|
Oriental Power Cables, Kota
|
1000
|
|
11.
|
1941
|
Shri Ram Rayons, Kota
|
2020
|
|
12.
|
2190
|
Instrumentation Ltd. Kota
|
3000
|
|
13.
|
2385
|
Stone Polishing Factory Associated Stone Ind. Kudaila, Kota
|
1330
|
|
14.
|
2586
|
Shri Ram Fertilisers & Chemicals, Kota
|
2000
|
|
15.
|
3300
|
J.K Staples & Toys, Kota
|
1000
|
|
16.
|
3392
|
J.K. Tyre Cord, Kota
|
1000
|
|
17.
|
7425
|
J.K Acrilyic Kota
|
1000
|
|
18.
|
10338
|
Kota Thermal Power Station R.S.E.B. Sakhtpura, Kota
|
865
|
|
19.
|
171
|
The Mewar Sugar Mills, Bhupalsagar, Chitorgarh
|
750
|
|
20.
|
2223
|
Birla Cement Works, Chittorgarh
|
1500
|
|
21.
|
4337
|
J.K Cement Works, Nimbhahera, Chittorgarh
|
1500
|
|
22.
|
11
|
Jaipur Udyog Ltd., Sawaimadhopur
|
3000
|
|
23.
|
9320
|
Jaipur Polyspin Ltd., Reengus, Sikar Locomotive Workshop, W.
Rly. Ajmer
|
1000
|
|
24.
|
488
|
Locomotive Workshops, W. Rly. Ajmer
|
4045
|
|
25.
|
489
|
Carriage & Wagon Workshop W. Rly. Ajmer
|
4355
|
|
26.
|
503
|
Edward Mills Ltd., Beawar, Ajmer
|
5000
|
|
27.
|
504
|
Krishna Mills Ltd., Beawar, Ajmer
|
2000
|
|
28.
|
505
|
Mahalaxmi Mills, NTC., Beawar, Ajmer
|
1500
|
|
29.
|
516
|
Vijay Cotton Mills, NTC, Vijayanagar, Ajmer
|
650
|
|
30.
|
2942
|
Machine Tools Corporation, HMT, Ajmer
|
1500
|
|
31.
|
4672
|
Central Workshop, RSRTC, Ajmer
|
916
|
|
32.
|
203
|
N. Rly. Workshop, Jodhpur
|
3400
|
|
33.
|
2030
|
Alcobex Metal Corpn., Ltd., Jodhpur
|
750
|
|
34.
|
9892
|
Derby Textile Ltd., Jodhpur
|
1500
|
|
35.
|
3645
|
Wolkem Pvt. Ltd., Sirohi
|
600
|
|
36.
|
9502
|
Triupati Fibres & Industries Aburoad, Sirohi
|
1500
|
|
37.
|
10642
|
Laxmi Cement A Division of Straw Products, Aburoad, Sirohi
|
4500
|
|
38.
|
3170
|
Hindustan Copper Ltd., Fertiliser Division Khetri
|
2400
|
|
39.
|
6719
|
Banswara Syntex Ltd., Banswara
|
750
|
|
40.
|
262
|
Loco Carriage & Wagon workshop Bikaner
|
2000
|
|
41.
|
139
|
Mewar Textile Miles Ltd., Bhilwara
|
2256
|
|
42.
|
1225
|
Bhilwara Spinners, Bhilwara
|
2000
|
|
43.
|
3676
|
Rajasthan Co-operative Spinning Mills, Gulabpura, Bhilwara
|
2000
|
|
44.
|
3978
|
Rajasthan Spinning & Weaving Khadigram Bhilwara
|
1500
|
|
45.
|
4429
|
Modern Woolen Pvt. Ltd., Bhilwara
|
550
|
|
46.
|
9371
|
Modern Thread India Ltd., Raila Bhilwara
|
1000
|
|
47.
|
10036
|
Super Syncotex Ltd., Bhilwara
|
1000
|
|
48.
|
11621
|
Gangapur Co-operative Spinning Mills, Gangapur, Bhilwara
|
1000
|
|
49.
|
4404
|
Kelvinator India Ltd., Alwar
|
1000
|
|
50.
|
6087
|
Eicher Good Earth Ltd., Alwar
|
650
|
|
51.
|
6698
|
Modern Syntex, Desula, Alwar
|
1500
|
|
52.
|
7843
|
Jaipur Syntex Ltd., Behror, Alwar
|
750
|
|
53.
|
9051
|
Orient Syntex, Bhiwadi, Alwar
|
1500
|
|
54.
|
10001
|
Sarraf Syntex Ltd. Alwar
|
600
|
|
55.
|
682
|
Central Indian Machinery Mfg, Co. Bharatpur
|
3000
|
|
56.
|
2132
|
Ammunation Depot, Bharatpur
|
750
|
|
57.
|
3391
|
General Engineering works, Bharatpur
|
950
|
|
58.
|
394
|
Government Press, Jaipur
|
588
|
|
59.
|
369
|
Sambhar Salts Ltd., Sambherlake, Jaipur
|
1076
|
|
60.
|
2094
|
Poddar Spinning Mills Ltd., Jaipur
|
567
|
|
61.
|
22
|
National Engineering Industries, Jaipur
|
2304
|
|
62.
|
23
|
Jaipur Metal & Electrical, Jaipur
|
1000
|
|
63.
|
2054
|
Kamani Engineering Corporation (K.E.C. International), Jaipur
|
1159
|
|
64.
|
1173
|
Udaipur Cotton Mills, Udaipur
|
750
|
|
65.
|
7339
|
Relience Chemetex Indsutries, Udaipur
|
1000
|
|
66.
|
5274
|
K.K. Industries, Kankroli, Udaipur
|
1500
|
|
67.
|
3006
|
Udaipur Cement Works, Udaipur
|
700
|
|
68.
|
2286
|
Zinc Smelter Dabari, Udaipur
|
2000
|
|
69.
|
9942
|
Shurti Synthetics Ltd., Udaipur
|
700
|
|
70.
|
8731
|
Raj. Syntex Ltd., Doongarpur
|
1000
|
|
71.
|
1556
|
Rajasthan Textile Mills, Bhawanimandi
|
1757
|
Notification No. F. 4(9) Shram/82
S.O. 308 dated 15.2.1988. In pursuance of Rule 69 of the Rajasthan Factories Rules, 1951, the State Government hereby directs that rules 69 to 75 of the said rules shall apply to the Factories specified in the schedule appended hereto, with effect from the date of publication of this notification in Rajasthan Rajpatra.
Schedule 7
------------
Factories
| | | | |
| --- | --- | --- | --- |
|
S. No.
|
RJ/No.
|
Name of the factory
|
Employment according to licence
|
|
1
|
2
|
3
|
4
|
|
72.
|
490
|
Western Railway Ticket Ptg. Press. Ajmer
|
244
|
|
73.
|
491
|
Electrical Engineering Workshop, Ajmer
|
340
|
|
74.
|
461
|
Aditya Mills Ltd., Kishangarh
|
1800
|
|
75.
|
11721
|
JK. White Cement Works, Gotan, Distt. Pali
|
350
|
|
76.
|
6601
|
Bhilwara Processors Ltd., Bhilwara
|
750
|
|
77.
|
8464
|
Sunil Textiles, Bhilwara
|
450
|
|
78.
|
10216
|
Raj. Processors India Ltd., Bhilwara
|
500
|
|
79.
|
2117
|
Multimetals Ltd., Kota
|
500
|
|
80.
|
7997
|
Mangalam Cement, Kota
|
750
|
|
81.
|
9293
|
Associated Stone Industries, Jhalawar Road, Jhalawar
|
500
|
|
82.
|
1252
|
Pesticides India, Udaipur
|
500
|
|
83.
|
8824
|
Siddha Synthetics Ltd., Rishabdev Distt. Udaipur
|
700
|
|
84.
|
9869
|
Charbhuja Sugar Works, Kankroli, Distt. Udaipur
|
400
|
|
85.
|
10129
|
Perfect Thread Mills Ltd., Udaipur
|
500
|
|
86.
|
10446
|
Technowel Foundry P. Ltd. Udaipur
|
500
|
|
87.
|
10896
|
JK Industries, Udaipur
|
750
|
|
88.
|
4179
|
Khetri Copper Complex, Fertilisers Div. Khetrinagar, Distt.
Jhunjhunu
|
450
|
|
89.
|
11167
|
JK Industries, Kankroli, Udaipur
|
500
|
|
90.
|
4888
|
The Ganganagar Sugar Mills Highteck Glass Division, Dholpur
|
456
|
|
91.
|
1709
|
Perfect Sanitary Pipes, Bharatpur
|
350
|
|
92.
|
5
|
Man Industrial Corpn., Jaipur
|
500
|
|
93.
|
337
|
Powerhouse, Jaipur Old Nala Power House Workshop, Jaipur
|
729
|
|
94.
|
2169
|
Rajasthan Rope Works, Naraina
|
400
|
|
95.
|
7069
|
Pratap Raj. Special Steels Ltd., Jaipur
|
500
|
|
96.
|
9269
|
Jaipur Dairy, Jaipur
|
300
|
|
97.
|
418
|
Government Press, Jodhpur
|
278
|
|
98.
|
12425
|
Modhern Insulators Ltd. Abu Road, Distt. Sirohi
|
500
|
|
99.
|
56335
|
Sunil Synchem Ltd., Alwar
|
500
|
|
100.
|
6092
|
Rathi Alloys & Steel Ltd., Alwar
|
500
|
|
101.
|
8735
|
Modern Suiting Ltd., Alwar
|
500
|
|
102.
|
8898
|
Mud Steel P. Ltd. Bhiwadi, Distt. Alwar
|
500
|
|
103.
|
9202
|
Bansi Lal Paper Mills, Bhiwadi
|
500
|
|
104.
|
9987
|
Modi Alkalies & Chemicals Ltd., Alwar
|
500
|
|
105.
|
10791
|
Eichers Tractors Ltd., Alwar
|
500
|
|
106.
|
10795
|
Toto Bubble India Ltd., Bhiwadi, Distt. Alwar
|
500
|
|
107.
|
10932
|
Ganganagar Sahkari Spinning Ltd., Hanumangarh, Distt. Sri
Ganganagar
|
1450
|
|
108.
|
2637
|
Rana Pratap Sagar Hydel Power Station, Chitbergarh
|
499
|
|
109.
|
13006
|
Gopal Synthetic, Kota
|
1000
|
[Published in Rajasthan Gazette 4 (Ga) (II) - Dated 31.3.88 Page 273.]
[Notification No. F.4(9) Shram/82, dated 14.9.2000, Jaipur. Published In Rajasthan Gazette Extraordinary Part 4(Gha), dated 16-2.2001]
S.O. 355. - In exercise of the powers conferred by sub-section (1) of Section 46 of the Factories Act, 1948 (Act LXIII of 1948) and in continuation to notification No. F.4(9) Shram/82 dated 30-10.1986 and 15.2.1988 respectively the State Government hereby directs that rule 69 to 75 of the said rules shall apply to the following factories wherein more than 250 workers are ordinarily employed as specified in the Schedule appended here to with effect from the date of its publication in the Official Gazetted.
Schedule 8
------------
| | | | |
| --- | --- | --- | --- |
|
S No.
|
Reg. No.
|
Name
|
Distt.
|
|
1.
|
2
|
3
|
4
|
|
110.
|
110
|
Udaipur Distillery Co. Ltd.
|
Udaipur
|
|
111.
|
2269
|
Jaipur Glass & Potteries Ltd.
|
Jaipur
|
|
112.
|
3670
|
Dalmia Industries Ltd.
|
Bharatpur
|
|
113.
|
3954
|
Raghuvar (India) Ltd.
|
Jaipur
|
|
114.
|
4448
|
Bhilwara Woollen Mills
|
Bhilwara
|
|
115.
|
4766
|
Rajasthan Co-operative Dairy Fed.
|
Jodhpur
|
|
116.
|
5103
|
Suraj Daimond Industries
|
Jodhpur
|
|
117.
|
6933
|
Kendriya Sambhag Karya-Shala(RSRTC) |
Jodhpur
|
|
118.
|
7359
|
Auto-Life (India) Pvt. Ltd.
|
Jaipur
|
|
119.
|
8487
|
Central Workshop (Leyland) |
Jaipur
|
|
120.
|
8493
|
Rajasthan Explosives and Chemicals Ltd.
|
Dholpur
|
|
121.
|
8608
|
Orient Abrasive Ltd. (Grinding Wheel Div.)
|
Alwar-Bhiwadi
|
|
122.
|
8907
|
National Engineering Ind. Ltd.
|
Tonk-Niwai
|
|
123.
|
9031
|
Crown Ceramics Ltd.
|
Alwar
|
|
124.
|
9047
|
Lakhani Shoe Company Ltd.
|
Alwar-Bhiwadi
|
|
125.
|
9299
|
Banswara Fabrics Ltd.
|
Banswara
|
|
126.
|
9509
|
Mahaveer Aluminium Ltd.
|
Alwar-Bhiwadi
|
|
127.
|
9700
|
P.G. Foils Ltd.
|
Pali
|
|
128.
|
10018
|
Lustre Tiles Ltd.
|
Alwar-Bhiwadi
|
|
129.
|
10213
|
R.S. Industries (Rolling Mill) Ltd.
|
Jaipur
|
|
130.
|
10334
|
Udaipur Phosphates & Fertilisers Ltd.
|
Udaipur
|
|
131.
|
10755
|
Samtel (India) Ltd.
|
Alwar-Bhiwadi
|
|
132.
|
10938
|
Cimmco Ltd. (Heavy Eng. Division)
|
Bharatpur
|
|
133.
|
11378
|
Unipatch Rubber Ltd.
|
Alwar-Bhiwadi
|
|
134.
|
11579
|
Saraf Textiles Industries Ltd.
|
Jaipur
|
|
135.
|
11719
|
Parasrampuria Synthetics Ltd.
|
Alwar-Bhiwadi
|
|
136.
|
12101
|
Swastik Suitings Ltd.
|
Bhilwara
|
|
137.
|
12135
|
Sapphire (India) Pvt. Ltd.
|
Alwar-Bhiwadi
|
|
138.
|
12264
|
Punsumi India Ltd.
|
Alwar-Bhiwadi
|
|
139.
|
12445
|
Rajasthan XLO Midland Ltd.
|
Alwar
|
|
140.
|
12634
|
Sangam Processors (Bhilwara) Ltd.
|
Bhilwara
|
|
141.
|
12653
|
Shree Cement Ltd.
|
Ajmer
|
|
142.
|
12775
|
Bhilwara Synthetics Ltd.
|
Bhilwara
|
|
143.
|
13099
|
Rajasthan Petro Synthetics Ltd.
|
Udaipur
|
|
144.
|
13170
|
Chittor Cement Works
|
Chittorgarh
|
|
145.
|
13306
|
Vhel Industries Ltd.
|
Alwar-Bhiwadi
|
|
146.
|
13313
|
Shree Ram Cement Works
|
Kota
|
|
147.
|
13620
|
Kansara Bearing Pvt.Ltd.
|
Jodhpur
|
|
148.
|
13959
|
Sumer Marbles & Granites Pvt. Ld.
|
Udaipur
|
|
149.
|
14000
|
Hi-Tech Gears Ltd.
|
Alwar-Bhiwadi
|
|
150.
|
14009
|
Rajasthan Polyester Ltd.
|
Alwar-Bhiwadi
|
|
151.
|
14274
|
Indian Rayon & Industries Ltd.
|
Jodhpur
|
|
152.
|
14388
|
Tilam Sangh Rajasthan Kota Project
|
Kota
|
|
153.
|
14681
|
New J.K. Cement Works
|
Chittorgarh
|
|
154.
|
14926
|
S.R.F. Ltd.
|
Alwar-Bhiwadi
|
|
155.
|
15475
|
Nilion Nirman Ltd.
|
Makrana (Nagaur) |
|
156.
|
15796
|
BSL Ltd. (Worsted Spinning Unit-2)
|
Bhilwara
|
|
157.
|
15966
|
National Thermal Power Corp. Ltd.
|
Kota
|
|
158.
|
16476
|
Rajasthan Spinning & Weaving Mills Ltd.
|
Banswara
|
|
170.
|
6715
|
Karal Engineering Corporation
|
Chittorgarh
|
|
160.
|
16873
|
Falcon Gulf Ceramic Ltd.
|
Alwar
|
|
161.
|
17425
|
Chanderia Lead Zinc Smelter
|
Chittorgarh
|
|
162.
|
17897
|
Mumal Marbles Ltd.
|
Udaipur
|
|
163.
|
18038
|
Maharaja International Ltd.
|
Alwar
|
|
164.
|
18227
|
Sriganganagar Co-operative Cotton Company
|
Sriganganagar
|
|
165.
|
18848
|
Shri Shyam Filaments Ltd.
|
Jaipur
|
|
166.
|
18997
|
Forever Diamonds Pvt. Ltd.
|
Jodhpur
|
|
167.
|
19554
|
Vanasthali Textile Industries
|
Alwar
|
|
168.
|
19700
|
Neer Shree Cement
|
Kota
|
|
169.
|
20142
|
Samcor Glass Ltd.
|
Baran
|
|
170.
|
20166
|
Govind Rubber Ltd.
|
Alwar-Bhiwadi
|
|
171.
|
20207
|
Chambal Fertilizers & Chemicals Ltd.
|
Kota
|
|
172.
|
20387
|
Raj Solvex Ltd.
|
Alwar
|
|
173.
|
20604
|
Rajasthan Polymers & Resins Ltd.
|
Sirohi
|
|
174.
|
20623
|
Secure Meters Ltd.
|
Udaipur
|
|
175.
|
20886
|
Ranisagar Cement Co. Ltd.
|
Ajmer
|
|
176.
|
20895
|
Rajasthan Spinning & Weaving Mills Ltd.
|
Bhilwara
|
|
177.
|
20932
|
Suzuki Processors (A Unit of Suzuki)
|
Bhilwara
|
|
178.
|
20969
|
Harvst Gold Foods India Pvt. Ltd.
|
Alwar-Bhiwadi
|
|
179.
|
20994
|
Arhani Spinning Mills
|
Alwar-Bhiwadi
|
|
180.
|
21078
|
Paras Fab. International
|
Alwar
|
|
181.
|
21144
|
Autopal Industries Ltd.
|
Jaipur
|
|
182.
|
21309
|
Thapar Mills Products Ltd.
|
Alwar
|
|
183.
|
21394
|
Laxmi Cement Unit-II
|
Sirohi
|
|
184.
|
21448
|
Aditya Cement (A Unit of Grasim India)
|
Chittorgarh
|
|
185.
|
21656
|
Prerna Synthetics Ltd.
|
Alwar
|
|
186.
|
21682
|
Sangam Spinners (A Unit of Sangam India Ltd.)
|
Bhilwara
|
|
187.
|
21762
|
Slui Rajasthan Texchem Ltd.
|
Dungarpur
|
|
188.
|
21822
|
Pam Pharmaceutical (Delhi) Ltd.
|
Alwar-Bhiwadi
|
|
189.
|
21856
|
A.K. Spintex Ltd.
|
Bhilwara
|
|
190.
|
21959
|
Ginni International Ltd.
|
Alwar
|
|
191.
|
22154
|
Bhawal Synthetics (India) Ltd.
|
Udaipur
|
|
192.
|
22270
|
J.C.T. Ltd. (Unit-II)
|
Sriganganagar
|
|
193.
|
22316
|
Anusikha Auto-Light Ltd.
|
Jaipur
|
|
194.
|
22336
|
Binani Cement (A Division Of Binani)
|
Sirohi
|
|
195.
|
22354
|
Raj Cement
|
Ajmer
|
|
196.
|
22550
|
Bhartiya Spinners Ltd.
|
Bhilwara
|
|
197.
|
22771
|
Swatantra Bharat Mills
|
Tonk
|
|
198.
|
23055
|
Kajaria Ceramics Ltd.
|
Alwar-Bhiwadi
|
|
199.
|
23089
|
Wolkem India Ltd.
|
Pali
|
|
200.
|
23216
|
Polymers Pvt. Ltd.
|
Alwar-Bhiwadi
|
|
201.
|
23265
|
Auto-Lite (India) Ltd.
|
Jaipur
|
|
202.
|
23299
|
Haryana Sheet Glass (Container Div.)
|
Alwar
|
|
203.
|
23314
|
Highland House Pvt. Ltd.
|
Jhunjhunu
|
Self Certificate Scheme
[Notification No. F. 3(1) Legal/F&B/05/3043, dated 22.3.2006-Rajasthan Gazette Extraordinary, Part IV-C(II), dated 25.3.2006, p. 547(1).] = 2007 RSCS/II/P. 304/H. 256. S.O. No. 44. - The Governor of Rajasthan is pleased to formulate 'Self Certification Scheme' for the factories established in the State to liberalize the enforcement of the Factories Act, 1948 and to provide option of Self Certification Scheme for various returns to be submitted under the Act.
### 1. Introduction. - The Self Certification Scheme is being introduced to streamline the functioning of the Factories and Boilers Inspection Department for effective implementation of the Factories Act, 1948 and rules made there-under which is being implemented by the Chief Inspector of Factories & Boilers. The main provisions of the Factories Act, 1948 are related to safety, health and welfare of the workers at workplace. This Scheme aims at making the occupier conscious and truthful citizen and law abiding person willing to take care of the interest of workers by complying the provisions of the Act and to enable the Factories and Boilers Inspection Department to effectively protect the interest of the workers. ###
2. Objectives. - The objectives of this Self Certification Scheme is to curtail unnecessary visits of Government officials for inspection of those Factories who opt for this scheme without compromising on the provisions of safety, health and welfare of the workers as provided in the said Act and Rules.
### 3. Procedure. - The Scheme shall be optional and any occupier can opt this scheme. The occupier of the factory covered under this scheme shall apply for Self Certification to the concerned authority of Factories & Boilers Inspection Department, i.e., Dy. Chief Inspector/Sr. Inspector/Inspector in the prescribed Annexure-I, along with prescribed details as per Annexure-II. The occupier is also required to give an undertaking in Annexure-III attached with the scheme. Any discrepancy in the application or enclosures shall be communicated to the applicant within 30 days from the receipt of the application in the office of the concerned authority of Factories & Boilers Inspection Department. If no discrepancy is so communicated, the applicant shall deemed to have been enrolled under the Self-Certification Scheme.
### 4. Filing of Return. - After being enrolled for the Self Certification Scheme, the concerned occupier shall file the Self-Certification Return in the prescribed Performa given at Annexure-IV and V. The return can be filed between 1st of April to 30th of April every year on any working day between 10.30 A.M. to 4.30 P.M. ###
5. Validity of Undertaking. - Factual information given in the prescribed return shall be the same as on the date of filing the return. The Undertaking to abide by all the laws as applicable to the occupier shall be valid for a period of next one year.
### 6. Validity of Scheme. - Once opted for the Scheme the same shall be valid for five years and the occupier shall file annual return as prescribed. After the successful compliance under the Self-Certification for five years, the occupier shall have option either to remain covered under the Self-Certification Scheme or opt out of the Scheme. The option must be exercised in written to make before the concerned authority of Factories & Boilers Inspection Department. In case the occupier successfully completes five years under the Scheme and during any inspection carried out if no violation of the Act is detected the security so deposited shall be refunded. No interest shall be payable on the security deposited. ###
7. Amount of Security to be Deposited. - Any occupier who opts for the Scheme shall deposit a security by way of account payee bank draft in favour of Chief Inspector of Factories & Boilers, Rajasthan, Jaipur. At the opening of this scheme, the security amount shall be Rs. 10,000 for Factories employing up to 100 workers, Rs. 20,000 for factories employing more than 100 and up to 250 workers and Rs. 50,000 for factories employing more than 250 workers.
### 8. Forfeiture of Security Deposit. - In case any occupier withdraws prematurely from the Scheme, i.e., before 5 years or fails to follow the terms and conditions of the Self Certification Scheme or fails to file return in time under this Scheme or fails to abide by any undertaking given by him or any violation of the Act is detected then security so deposited shall be forfeited and in case of violation of the Act, further necessary action as per the law shall be initiated and he will cease to continue under the Scheme. However, there will no bar on fresh inclusion in the Scheme if applied afresh. ###
9. Law for which the Scheme is Valid. - This self Certification Scheme shall be valid for the Factories Act, 1948 and rules made thereunder.
### 10. Whom to Apply. - Under the Self Certification Scheme, the application for inclusion under the Self Certification Scheme as per Annexure-I shall be made in duplicate addressed to the concerned authority of Factories & Boilers Inspection Department with a copy to the Chief Inspector Factories & Boilers, Rajasthan, Jaipur. Similarly, the returns in Annexure-IV and V shall also be filed in duplicate complete in all respects, of which one copy shall be sent to the concerned authority and one copy shall be sent to the Chief Inspector Factories and Boilers Rajasthan Jaipur. The returns in Annexure-IV and V need to be filed well in time as per this scheme. The date shall mean the date on which application or return is received in the office of concerned Authority/Chief Inspector of Factories & Boilers, Rajasthan, Jaipur. Note.- The amount of security in the shape of account payee bank draft in the name of Chief Inspector of Factories & Boilers, Rajasthan, Jaipur shall be attached with the application (Annexure-I).
### 11. Inspection Procedure Under the Scheme. - Under the Self Certification Scheme not more than 10% of the factories so covered under the scheme shall be picked up randomly for inspection once in a year and which shall be carried out only once regarding the implementation of the Act to which this scheme applies. Once Inspected the same factory is not likely to be inspected in the same year or in next 3 years provided that no specific violation of terms, undertaking given and laws by the occupier is brought to notice. However, on specific complaints, accidents, dangerous occurrences, inspection shall be conducted only on authorization from higher Officer/District Authority or Chief Inspector who are competent to order the inspection at any time. The inspection will be a joint inspection under all the laws which are applicable under the scheme hence it will normally be a one time inspection.
The factories availing the scheme shall be free from any inspection, other than those by the team mentioned as above and in accident, dangerous occurrences or complaint cases.
The factories which are not desiring to opt for the scheme will be inspected as per present system.
Factory managements will have to obtain and renew the factory license whether the scheme of Self Certification is obtained or not.
The copy of scheme along with all prescribed application forms and inspection procedure shall be available with all the authorities in their offices and can be obtained at a price of Rs. 100. Application shall be made in forms attached with the scheme as printed by the Chief Inspector of Factories & Boilers, Rajasthan, Jaipur.
Annexure-I
From
M/s...............................
..................................
..................................
To,
Dy.Chief/Sr./Inspector
Factories and Boilers
..................................
Sub: Application for Registration under Self Certification Scheme under Laws being implemented by the Department as per the terms & conditions of Scheme.
Sir,
Reference: Government of Rajasthan Notification No ................................. dated..................regarding Self Certification Scheme of the Factories and Boilers Inspection Department.
I/We have gone through the above said scheme and have understood the same. I/We wish to be covered under the said scheme. As such I/We request you to kindly issue me/us necessary approval for the same. The necessary information and other documents, as required under the Scheme, are enclosed. I/We undertake to abide by all terms and conditions of the Scheme. It is also certified that I/We am/are competent & duly authorized to make any statement or provide any information to any Central/State Government agency on behalf of this establishment.
Kindly issue the necessary registration at the earliest.
Yours Faithfully,
Name & Address of the Occupier.........................
Encls.: 1. Annexure II (List of Documents)
### 2. Annexure III (Undertaking/affidavit) ###
3. Bank Draft No.........................Date......................
Acknowledgement slip
This is to acknowledge that an application regarding Self Certification Scheme under the Factories Act, 1948 has been received by the under signed from M/s..................(full address in capital) and the same has been entered in the office receipt register at Sr. No.................dated................Any further correspondence in future in this regard may be done by stating this Sr. No.
Authorized Signatory
Dy. Chief Inspector/Sr. Inspector/Inspector
Factories & Boilers
Annexure-II
### 1. Copy of the licence valid for the current year under the Factories Act, 1948. ###
2. Manufacturing process being carried on. Details, if any, change in manufacturing process already informed.
### 3. Status of Industry (SSI/MSVLSI) (attach attested copy of registration with Department of Industries). ###
4. List of raw materials used and final products. Details of any change.
### 5. Number of workers being employed. ###
6. Horse-power installed.
### 7. Date of submission of Annual Return & Half Yearly Return. ###
8. Date of submission of stability certificate of factory building/buildings.
Note.- In case any of the above is not being attached/provided, please give specific reasons.
Annexure-III
Undertaking
(To be filled by Occupier on a non judicial stamp paper of Rs. 10)
I/We......................................S/o....................................R/o.....................................and Occupier of M/s ............................ ....hereby state as under:
### 1. That I/We have applied for grant of coverage of unit by the name of M/s. ...............Situated at (Complete address of the unit)...........................under the Self Certification Scheme of Factories & Boilers Inspection Department, Govt. of Rajasthan as notified vide notification No.............................dated................. ###
2. That I/We have gone through the scheme and have fully understood the contents of the scheme and undertake to abide by the same.
### 3. That it is declared that I/We are complying and will continue to comply with all provisions of Factories Act, 1948 covered under this Self Certification Scheme. ###
4. That I/We agree to accept the penalty prescribed under law in case of violation detected in the unit under any law covered under the Scheme after filing of the return under the Scheme.
Place
Date
Deponent
Verification
I/We the above named deponents do hereby further solemnly affirm that the contents given above are true to the best of my knowledge.
Place
Date
Deponent
Certified by Notary/Gazatted officer
Annexure-IV
(Self Certification Return under Factories Act, 1948.)
Return Form
Return being filed before
### 1. .................................
### 2. ..................................
### 3. ..................................
Assessment Year.....................
### 1. Name & Designation of the Applicant .......................... ###
2. (a) Name of the factory .........................
(b) Address (in capital letters) ........................
(c) Telephone No./Fax No ..................................
### 3. Reg. No. under Factories Act, 1948 ...............................
### 4. No. & date of approval of bldg. plans of the factory......................... ###
5. Name & residential address of
(a) Occupier.................................
(b) Manager..................................
### 6. Average number of workers employed during the year (a) Male..................................
(b) Female..................................
(c) Children..................................
(d) Total..................................
### 7. Nature of Industries Hazardous/Non-hazardous (as per Sec. 2cd)
### 8. Manufacturing process a. Raw material..................................
b. End product..................................
### 9. Code of Industry.................................. ###
10. Shift timings
General
A. Shift
B. Shift
C. Shift
Certification
I/We do hereby certify that the contents given above are true and correct. Place
Date
Signature
(Name and stamp of organization)
Acknowledgement Slip
This is to acknowledge that a return under Self-Certification Scheme under Factories Act, 1948 has been received by the undersigned from M/s........................(full address in capital) and the same has been entered in the office receipt at Sr. No................ dated ..................Any further correspondence in future in this regard may be done by stating this Sr. No.
Signature
Dy. Chief Inspector/Sr. Inspector/Inspector
Factories & Boilers..............................
Annexure-V
(Information Regarding work force employed in the factory)
(Give detailed information of all the workers employed in the factory in the following format and attach this annexure with the application)
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Sr. No.
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Name of the workers
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Father's name
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Designation
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Pay
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EPF No.
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ESI No.
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Note.-Attach a separate sheet if this is not sufficient.
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65ba7350ab84c7eca86eb652 | acts |
Union of India - Act
----------------------
The Industrial Employment (Standing Orders) Act, 1946
-------------------------------------------------------
UNION OF INDIA
India
The Industrial Employment (Standing Orders) Act, 1946
=======================================================
Act 20 of 1946
----------------
* Published in Gazette 20 on 23 April 1946
* Assented to on 23 April 1946
* Commenced on 23 April 1946
The Industrial Employment (Standing Orders) Act, 1946
[23rd April, 1946]
Act No. 20 of 1946
An Act to require employers in industrial establishments formally to define conditions of employment under them
WHEREAS it is expedient to require employers in industrial establishments to define with sufficient precision the conditions of employment under them and to make the said conditions known to workmen employed by them;
It is hereby enacted as follows:—
### 1. Short title, extent and application.—
(1) This Act may be called the Industrial Employment (Standing Orders) Act, 1946.
(2) It extends to the whole of India.
(3) It applies to every industrial establishment wherein one hundred or more workmen are employed, or were employed on any day of the preceding twelve months:
Provided that the appropriate Government may, after giving not less than two months’ notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act to any industrial establishment employing such number of persons less than one hundred as may be specified in the notification.
(4) Nothing in this Act shall apply to—
(i) any industry to which the provisions of Chapter VII of the Bombay Industrial Relations Act, 1946 (Bombay Act 11 of 1947) apply; or
(ii) any industrial establishment to which the provisions of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961) apply:
Provided that notwithstanding anything contained in the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (Madhya Pradesh Act 26 of 1961), the provisions of this Act shall apply to all industrial establishments under the control of the Central Government.
### 2. Interpretation.—
In this Act, unless there is anything repugnant in the subject or context,—
(a) “appellate authority” means an authority appointed by the appropriate Government by notification in the Official Gazette to exercise in such area as may be specified in the notification the functions of an appellate authority under this Act:
Provided that in relation to an appeal pending before an Industrial Court or other authority immediately before the commencement of the Industrial Employment (Standing Orders) Amendment Act, 1963 (39 of 1963), that court or authority shall be deemed to be the appellate authority;
(b) “appropriate Government” means in respect of industrial establishments under the control of the Central Government or a Railway administration or in a major port, mine or oil-field, the Central Government, and in all other cases, the State Government:
Provided that where any question arises as to whether any industrial establishment is under the control of the Central Government, that Government may, either on a reference made to it by the employer or the workman or a trade union or other representative body of the workmen, or on its own motion and after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties;
(c) “Certifying Officer” means a Labour Commissioner or a Regional Labour Commissioner, and includes any other officer appointed by the appropriate Government, by notification in the Official Gazette, to perform all or any of the functions of a Certifying Officer under this Act;
(d) “employer” means the owner of an industrial establishment to which this Act for the time being applies, and includes—
(i) in a factory, any person named under clause (f) of sub-section (1) of section 7, of the Factories Act, 1948 (63 of 1948), as manager of the factory;
(ii) in any industrial establishment under the control of any department of any Government in India, the authority appointed by such Government in this behalf, or where no authority is so appointed, the head of the department;
(iii) in any other industrial establishment, any person responsible to the owner for the supervision and control of the industrial establishment;
(e) “industrial establishment” means—
(i) an industrial establishment as defined in clause (ii) of section 2 of the Payment of Wages Act, 1936 (4 of 1936), or
(ii) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948), or
(iii) a railway as defined in clause (4) of section 2 of the Indian Railways Act, 1890 (9 of 1890), or
(iv) the establishment of a person who, for the purpose of fulfilling a contract with the owner of any industrial establishment, employs workmen;
(f) “prescribed” means prescribed by rules made by the appropriate Government under this Act;
(g) “standing orders” means rules relating to matters set out in the Schedule;
(h) “trade union” means a trade union for the time being registered under the Indian Trade Unions Act, 1926 (16 of 1926);
(i) “wages” and “workman” have the meanings respectively assigned to them in clauses (rr) and (s) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947).
### 3. Submission of draft standing orders.—
(1) Within six months from the date on which this Act becomes applicable to an industrial establishment, the employer shall submit to the Certifying Officer five copies of the draft standing orders proposed by him for adoption in his industrial establishment.
(2) Provision shall be made in such draft for every matter set out in the Schedule which may be applicable to the industrial establishment, and where model standing orders have been prescribed, shall be, so far as is practicable, in conformity with such model.
(3) The draft standing orders submitted under this section shall be accompanied by a statement giving prescribed particulars of the workmen employed in the industrial establishment including the name of the trade union, if any, to which they belong.
(4) Subject to such conditions as may be prescribed, a group of employers in similar industrial establishments may submit a joint draft of standing orders under this section.
### 4. Conditions for certification of standing orders.—
Standing orders shall be certifiable under this Act if—
(a) provision is made therein for every matter set out in the Schedule which is applicable to the industrial establishment, and
(b) the standing orders are otherwise in conformity with the provisions of this Act, and itshall be the function of the Certifying Officer or appellate authority to adjudicate upon the fairness or reasonableness of the provisions of any standing orders.
### 5. Certification of standing orders.—
(1) On receipt of the draft under section 3, the Certifying Officer shall forward a copy thereof to the trade union, if any, of the workmen, or where there is no such trade union, to the workmen in such manner as may be prescribed, together with a notice in the prescribed form requiring objections, if any, which the workmen may desire to make to the draft standing orders to be submitted to him within fifteen days from the receipt of the notice.
(2) After giving the employer and the trade union or such other representatives of the workmen as may be prescribed, an opportunity of being heard, the Certifying Officer shall decide whether or not any modification of or addition to the draft submitted by the employer is necessary to render the draft standing orders certifiable under this Act, and shall make an order in writing accordingly.
(3) The Certifying Officer shall thereupon certify the draft standing orders, after making any modifications therein which his order under sub-section (2) may require, and shall within seven days thereafter send copies of the certified standing orders authenticated in the prescribed manner and of his order under sub-section (2) to the employer and to the trade union or other prescribed representatives of the workmen.
### 6. Appeals.—
(1) Any employer, workmen, trade union or other prescribed representatives of the workmen aggrieved by the order of the Certifying Officer under sub-section (2) of section 5 may, within thirty days from the date on which copies are sent under sub-section (3) of that section, appeal to the appellate authority, and the appellate authority, whose decision shall be final, shall by order in writing confirm the standing orders either in the form certified by the Certifying Officer or after amending the said standing orders by making such modifications thereof or additions thereto as it thinks necessary to render the standing orders certifiable under this Act.
(2) The appellate authority shall, within seven days of its order under sub-section (1), send copies thereof of the Certifying Officer, to the employer and to the trade union or other prescribed representatives of the workmen, accompanied, unless it has confirmed without amendment the standing orders as certified by the Certifying Officer, by copies of the standing orders as certified by it and authenticated in the prescribed manner.
### 7. Date of operation of standing orders.—
Standing orders shall, unless an appeal is preferred under section 6, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (3) of section 5, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent under sub-section (2) of section 6.
### 8. Register of standing orders.—
A copy of all standing orders as finally certified under this Act shall be filed by the Certifying Officer in a register in the prescribed form maintained for the purpose, and the Certifying Officer shall furnish a copy thereof to any person applying therefor on payment of the prescribed fee.
### 9. Posting of standing orders.—
The text of the standing orders as finally certified under this Act shall be prominently posted by the employer in English and in the language understood by the majority of his workmen on special boards to be maintained for the purpose at or near the entrance through which the majority of the workmen enter the industrial establishment and in all departments thereof where the workmen are employed.
### 10. Duration and modification of standing orders.—
(1) Standing orders finally certified under this Act shall not, except on agreement between the employer and the workmen, or a trade union or other representative body of the workmen be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation.
(2) Subject to the provisions of sub-section (1), an employer or workman or a trade union or other representative body of the workmen may apply to the Certifying Officer to have the standing orders modified and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen or a trade union or other representative body of the workmen a certified copy of that agreement shall be filed along with the application.
(3) The foregoing provisions of this Act shall apply in respect of an application under sub-section (2) as they apply to the certification of the first standing orders.
(4) Nothing contained in sub-section (2) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
### 10A. Payment of subsistence allowance.—
(1) Where any workmen is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, the employer shall pay to such workman subsistence allowance—
(a) at the rate of fifty per cent. of the wages which the workman was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and
(b) at the rate of seventy-five per cent. of such wages for the remaining period of suspension if the delay in the completion of disciplinary proceedings against such workman is not directly attributable to the conduct of such workman.
(2) If any dispute arises regarding the subsistence allowance payable to a workman under sub-section (1) the workman or the employer concerned may refer the dispute to the Labour Court, constituted under the Industrial Disputes Act, 1947 (14 of 1947), within the local limits of whose jurisdiction the industrial establishment wherein such workman is employed is situate and the Labour Court to which the dispute is so referred shall, after giving the parties an opportunity of being heard, decide the dispute and such decision shall be final and binding on the parties.
(3) Notwithstanding anything contained in the foregoing provisions of this section, where provisions relating to payment of subsistence allowance under any other law for the time being in force in any State are more beneficial than the provisions of this section, the provisions of such other law shall be applicable to the payment of subsistence allowance in that State.
### 11. Certifying Officers and appellate authorities to have powers of civil court.—
(1) Every Certifying Officer and appellate authority shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a civil court within the meaning of sections 345 and 346 of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Clerical or arithmetical mistakes in any order passed by a Certifying Officer or appellate authority, or errors arising therein from any accidental slip or omission may, at any time, be corrected by that Officer or authority or the successor in office of such Officer or authority, as the case may be.
### 12. Oral evidence in contradiction of standing orders not admissible.—
No oral evidence having the effect of adding to or otherwise varying or contradicting standing orders as finally certified under this Act shall be admitted in any Court.
### 12A. Temporary application of model standing orders.—
(1) Notwithstanding anything contained in sections 3 to 12, for the period commencing on the date on which this Act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this Act come into operation under section 7 in that establishment, the prescribed model standing orders shall be deemed to be adopted in that establishment, and the provisions of section 9, sub-section (2) of section 13 and section 13A shall apply to such model standing orders as they apply to the standing orders so certified.
(2) Nothing contained in sub-section (1) shall apply to an industrial establishment in respect of which the appropriate Government is the Government of the State of Gujarat or the Government of the State of Maharashtra.
### 13. Penalties and procedure.—
(1) An employer who fails to submit draft standing orders as required by section 3, or who modifies his standing orders otherwise than in accordance with section 10, shall be punishable with fine which may extend to five thousand rupees, and in the case of a continuing offence with a further fine which may extend to two hundred rupees for every day after the first during which the offence continues.
(2) An employer who does any act in contravention of the standing orders finally certified under this Act or his industrial establishment shall be punishable with fine which may extend to one hundred rupees, and in the case of a continuing offence with a further fine which may extend to twenty-five rupees for every day after the first during which the offence continues.
(3) No prosecution for an offence punishable under this section shall be instituted except with the previous sanction of the appropriate Government.
(4) No Court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the second class shall try any offence under this section.
### 13A. Interpretation, etc., of standing orders.—
If any question arises as to the application or interpretation of a standing order certified under this Act, any employer or workman 9[or a trade union or other representative body of the workmen], may refer the question to any of the Labor Courts constituted under the Industrial Disputes Act, 1947 (14 of 1947), and specified for the disposal of such proceeding by the appropriate government by notification in the Official Gazette, and the Labor Court to which the question is so referred shall after giving the parties an opportunity of being heard, decide the question and such decision shall be final and binding on the parties.
### 13B. Act not to apply to certain industrial establishments.—
Nothing in this Act shall apply to an industrial establishment in so far as the workmen employed therein are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Services) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Service (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations as may be notified in this behalf by the appropriate Government in the Official Gazette, apply.
### 14. Power to exempt.—
The appropriate Government may by notification in the Official Gazette exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this Act.
### 14A. Delegation of powers.—
The appropriate Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or any rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also—
(a) where the appropriate Government is the Central Government, by such officer or authority subordinate to the Central Government or by the State Government or by such officer or authority subordinate to the State Government, as may be specified in the notification.
(b) where the appropriate Government is a State Government, by such officer or authority subordinate to the State Government as may be specified in the notification.
### 15. Power to make rules.—
(1) The appropriate Government may, after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;
(e) provide for any other matter which is to be or may be prescribed:
Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.
(3) Every rule made by the Central Government under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
See sections 2(g) and 3(2)
MATTERS TO BE PROVIDED IN STANDING ORDER UNDER THIS ACT
(1) Classification of workmen, e.g. , whether permanent, temporary, apprentices, probationers, badlis.
(2) Manner of intimating to workmen periods and hours of work, holidays, pay-days and wage rates.
(3) Shift working.
(4) Attendance and late coming.
(5) Conditions of, procedure in applying for, and the authority which may grant, leave and holidays.
(6) Requirement to enter premises by certain gates, and liability to search.
(7) Closing and re-opening of sections of the industrial establishment, and temporary stoppages of work and the rights and liabilities of the employer and workmen arising therefrom.
(8) Termination of employment, and the notice thereof to be given by employer and workmen.
(9) Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct.
(10) Means of redress for workmen against unfair treatment or wrongful exactions by the employer or his agents or servants.
(11) Any other matter which may be prescribed.
|
65ba8325ab84c7eca86ebd45 | acts |
Union of India - Act
----------------------
The Rani Lakshmi Bai Central Agricultural University Act, 2014
----------------------------------------------------------------
UNION OF INDIA
India
The Rani Lakshmi Bai Central Agricultural University Act, 2014
================================================================
Act 10 of 2014
----------------
* Published on 4 March 2014
* Commenced on 4 March 2014
The Rani Lakshmi Bai Central Agricultural University Act, 2014
(No. 10 of 2014)
### 2075. [4th March, 2014.]
An Act to provide for the establishment and incorporation of a University in the Bundelkhand region for the development of agriculture and for the furtherance of the advancement of learning and pursuit of research in agriculture and allied sciences and declare it to be an institution of national importance.
BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows :-
### 1. Short title and commencement.
(1) This Act may be called the Rani Lakshmi Bai Central Agricultural University Act, 2014.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
### 2. Declaration of Rani Lakshmi Bai Central Agricultural University as an institution of national importance.
- Whereas the objects of the institution known as the Rani Lakshmi Bai Central Agricultural University are such as to make the institution one of national importance, it is hereby declared that the institution known as the Rani Lakshmi Bai Central Agricultural University is an institution of national importance.
### 3. Definitions.
- In this Act, and in all Statutes made hereunder, unless the context otherwise requires, -
(a) "Academic Council" means the Academic Council of the University;
(b) "Academic staff" means such categories of staff as are designated as academic staff by the Ordinances;
(c) "agriculture" means the basic and applied sciences of the soil and water management, crop production including production of all garden crops, control of plants, pests and diseases, horticulture including floriculture, animal husbandry including veterinary and dairy science, fisheries, forestry including farm forestry, homescience, agricultural engineering and technology, marketing and processing of agricultural and animal husbandry products, land use and management;
(d) "Board" means the Board of Management of the University;
(e) "Board of Studies" means the Board of Studies of the University;
(f) "Bundelkhand" means the area covering six districts, namely Chhatarpur, Damoh, Datia, Panna, Sagar and Tikamgarh of Madhya Pradesh and seven districts, namely Banda, Chitrakoot, Hamirpur, Jalaun, Jhansi, Lalitpur and Mahoba of Uttar Pradesh;
(g) "Chancellor" means the Chancellor of the University;
(h) "college" means a constituent college of the University whether located at the headquarters, campus or elsewhere;
(i) "Department" means a Department of Studies of the University;
(j) "employee" means any person appointed by the University and includes teachers and other staff of the University;
(k) "extension education" means the educational activities concerned with the training of orchardists, farmers and other groups serving agriculture, horticulture, fisheries and improved practices related thereto and the various phases of scientific technology related to agriculture and agricultural production including post harvest technology and marketing;
(l) "Faculty" means Faculty of the University;
(m) "Ordinances" means the Ordinances of the University;
(n) "Regulations" means the Regulations made by any authority of the University;
(o) "Research Advisory Committee" means the Research Advisory Committee of the University;
(p) "Statutes" means the Statutes of the University;
(q) "Student" means a person enrolled in the University for undergoing a course of studies for obtaining a degree, diploma or other academic distinction duly instituted;
(r) "teachers" means Professors, Associate Professors, Assistant Professors, Teaching Faculty Members and their equivalent appointed for imparting instruction or conducting research or extension education programmes or combination of these in the University, college or any institute maintained by the University and designated as teachers by the Ordinances;
(s) "University" means the Rani Lakshmi Bai Central Agricultural University established under this Act;
(t) "Vice-Chancellor" means the Vice-Chancellor of the University;
(u) "Visitor" means the Visitor of the University.
### 4. The University.
(1) There shall be established a University by the name of the "Rani Lakshmi Bai Central Agricultural University".
(2) The headquarters of the University shall be at Jhansi in the State of Uttar Pradesh and it may also establish campuses at such other places within its jurisdiction as it may deem fit :
Provided that the University shall establish two colleges in the State of Madhya Pradesh and two colleges at Jhansi in the State of Uttar Pradesh in the Bundelkhand Region.
(3) The first Chancellor and the first Vice-Chancellor and the first members of the Board, the Academic Council and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership are hereby constituted a body corporate by the name of the Rani Lakshmi Bai Central Agricultural University.
(4) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
### 5. Objects of the University.
- The objects of the University shall be -
(a) to impart education in different branches of agriculture and allied sciences as it may deem fit;
(b) to further the advancement of learning and conducting of research in agricultural and allied sciences;
(c) to undertake programmes of extension education in Bundelkhand in the districts of the States under its jurisdiction;
(d) to promote partnership and linkages with national and international educational institutions; and
(e) to undertake such other activities as it may, from time to time, determine.
### 6. Powers of the University.
- The University shall have the following powers, namely :-
(i) to make provisions for instructions in agriculture and allied sciences;
(ii) to make provisions for conduct of research in agriculture and allied branches of learning;
(iii) to make provisions for dissemination of the findings of research and technical information through extension programmes;
(iv) to grant, subject to such conditions as it may determine, diplomas or certificates to, and confer degrees or other academic distinctions on the basis of examination, evaluation or any other method of testing, on persons, and to withdraw any such diplomas, certificates, degrees or other academic distinction for good and sufficient cause;
(v) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes;
(vi) to provide lectures and instructions for field workers, village leaders and other persons not enrolled as regular students of the University and to grant certificates to them as may be prescribed by the Statutes;
(vii) to co-operate or collaborate or associate with any other University or authority or institution of higher learning in such manner and for such purpose as the University may determine;
(viii) to establish and maintain colleges relating to agriculture, horticulture, fisheries, forestry, veterinary and animal science, dairying, home-science and allied sciences, as necessary;
(ix) to establish and maintain such campuses, special centres, specialised laboratories, libraries, museums or other units for research and institution as are, in its opinion, necessary for the furtherance of its objects;
(x) to create teaching, research and extension education posts and to make appointments thereto;
(xi) to create administrative, ministerial and other posts and to make appointments thereto;
(xii) to institute and award fellowships, scholarships, studentships, medals and prizes;
(xiii) to determine standards of admission to the University which may include examination, evaluation or any other method of testing;
(xiv) to provide and maintain residential accommodation for students and employees;
(xv) to supervise the residential accommodation of the students and employees of the University and to make arrangements for promoting their health and general welfare;
(xvi) to lay down conditions of service of all categories of employees, including their code of conduct;
(xvii) to regulate and enforce discipline among the students and the employees and to take such disciplinary measures in this regard as it may deem necessary;
(xviii) to fix, demand and receive such fees and other charges as may be prescribed by the Statutes;
(xix) to borrow, with the approval of the Central Government on the security of its property, money for the purpose of the University;
(xx) to receive benefactions, donations and gifts and to acquire, hold, manage and dispose of any property, movable or immovable including trust and endowment properties, for its purposes;
(xxi) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of its objects.
### 7. Jurisdiction.
(1) The jurisdiction and responsibility of the University with respect to teaching, research and programmes of extension education at the University level, in the field of agriculture shall extend to whole country and priority shall be laid on the issues related to Bundelkhand region.
(2) All colleges, research and experimental stations or other institutions to be established under the authority of the University shall come in as constituent units under the full management and control of the officers and authorities and no such units shall be recognised as affiliated units.
(3) The University may assume responsibility for the training of field extension workers and others and may develop such training centres as may be required in various parts of Bundelkhand under its jurisdiction.
### 8. University open to all classes, castes and creed.
- The University shall be open to persons of either sex and of whatever caste, creed, race or class, and it shall not be lawful for the University to adopt or impose on any person, any test whatsoever of religious belief or profession in order to entitle him to be appointed as a teacher of the University or to hold any other office therein or be admitted as a student in the University or to graduate thereat or to enjoy or exercise any privilege thereof :
Provided that nothing in this section shall be deemed to prevent the University from making special provisions for the employment or admission of women, persons with disabilities or of persons belonging to the weaker sections of the society and, in particular, of the Scheduled Castes, the Scheduled Tribes and the other socially and educationally backward classes of citizens.
### 9. The Visitor.
(1) The President of India shall be the Visitor of the University.
(2) Subject to the provisions of sub-sections (3) and (4), the Visitor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipments, and of any institution or college and also of the examination, instruction and other work conducted or done by the University, and to cause an inquiry to be made in like manner in respect of any matter connected with the administration and finances of the University.
(3) The Visitor shall, in every case, give notice to the University of his intention to cause, an inspection or inquiry to be made and the University shall, on receipt of such notice, have the right to make, within thirty days from the date of receipt of the notice or such other period as the Visitor may determine, such representations to him as it may consider necessary.
(4) After considering the representations, if any, made by the University, the Visitor may cause to be made such inspection or inquiry as is referred to in sub-section (2).
(5) Where an inspection or inquiry has been caused to be made by the Visitor, the University shall be entitled to appoint a representative who shall have the right to appear in person and to be heard on such inspection or inquiry.
(6) The Visitor may address the Vice-Chancellor with reference to the results of such inspection or inquiry together with such views and advice with regard to the action to be taken thereon as the Visitor may be pleased to offer and on receipt of the address made by the Visitor, the Vice-Chancellor shall communicate forthwith to the Board, the results of the inspection or inquiry and the views of the Visitor and the advice tendered by him upon the action to be taken thereon.
(7) The Board shall communicate through the Vice-Chancellor to the Visitor such action, if any, as it proposes to take or has been taken by it upon the results of such inspection or inquiry.
(8) Where the Board does not, within reasonable time, take action to the satisfaction of the Visitor, the Visitor may, after considering any explanation furnished or representation made by the Board, issue such directions as he may think fit and the Board shall be bound to comply with such directions.
(9) Without prejudice to the foregoing provisions of this section, the Visitor may, by an order in writing, annul any proceeding of the University which is not in conformity with this Act, the Statutes or the Ordinances :
Provided that before making any such order, he shall call upon the University to show cause why such an order should not be made and, if any cause is shown within a reasonable time, he shall consider the same.
(10) The Visitor shall have such other powers as may be prescribed by the Statutes.
### 10. Officers of the University.
- The following shall be the officers of the University, namely :-
(1) the Chancellor;
(2) the Vice-Chancellor;
(3) the Deans;
(4) the Directors;
(5) the Registrar;
(6) the Comptroller;
(7) the University Librarian; and
(8) such other officers as may be prescribed by the Statutes.
### 11. The Chancellor.
(1) The Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Chancellor shall, by virtue of his office, be the Head of the University.
(3) The Chancellor shall, if present, preside at the convocations of the University held for conferring degrees.
### 12. The Vice-Chancellor.
(1) The Vice-Chancellor shall be appointed by the Visitor in such manner as may be prescribed by the Statutes.
(2) The Vice-Chancellor shall be the principal executive and academic officer of the University and shall exercise general supervision and control over the affairs of the University and give effect to the decisions of all the authorities of the University.
(3) The Vice-Chancellor may, if he is of the opinion that immediate action is necessary on any matter, exercise any power conferred on any authority of the University by or under this Act and shall report to such authority the action taken by him on such matter :
Provided that if the authority concerned is of opinion that such action ought not to have been taken, it may refer the matter to the Visitor whose decision thereon shall be final :
Provided further that any person in the service of the University who is aggrieved by the action taken by the Vice-Chancellor under this sub-section shall have the right to appeal against such action to the Board within three months from the date on which decision on such action is communicated to him and thereupon the Board may confirm, modify or reverse the action taken by the Vice-Chancellor.
(4) The Vice-Chancellor, if he is of the opinion that any decision of any authority of the University is beyond the powers of the authority conferred by the provisions of this Act, the Statutes or the Ordinances or that any decision taken is not in the interest of the University, may ask the authority concerned to review its decision within sixty days of such decision and if the authority refuses to review the decision either in whole or in part or no decision is taken by it within the said period of sixty days, the matter shall be referred to the Visitor whose decision thereon shall be final.
(5) The Vice-Chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances.
### 13. Deans and Directors.
- Every Dean and every Director shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 14. The Registrar.
(1) The Registrar shall be appointed in such manner as may be prescribed by the Statutes.
(2) The Registrar shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 15. The Comptroller.
- The Comptroller shall be appointed in such manner and shall exercise such powers and perform such duties as may be prescribed by the Statutes.
### 16. Other officers.
- The manner of appointment and powers and duties of the other officers of the University shall be as prescribed by the Statutes.
### 17. Authorities of the University.
- The following shall be the authorities of the University, namely :-
(1) the Board of Management;
(2) the Academic Council;
(3) the Research Council;
(4) the Extension Education Council;
(5) the Finance Committee;
(6) the Faculties and Board of Studies; and
(7) such other authorities as may be prescribed by the Statutes.
### 18. The Board of Management.
(1) The Board of Management shall be the principal executive body of the University.
(2) The constitution of the Board, the term of office of its members and its powers and functions shall be prescribed by the Statutes.
### 19. The Academic Council.
(1) The Academic Council shall be the principal academic body of the University and shall, subject to the provisions of this Act, the Statutes and Ordinances, have the control and general regulation of, and be responsible for, the maintenance of standards of learning, education, instruction, evaluation and examination within the University and shall exercise such other powers and perform such other functions as may be conferred or imposed upon it by the Statutes.
(2) The constitution of the Academic Council and the term of office of its members shall be prescribed by the Statutes.
### 20. The Research Council.
- The constitution, powers and functions of the Research Council shall be prescribed by the Statutes.
### 21. The Extension Education Council.
- The constitution, powers and functions of the Extension Education Council shall be prescribed by the Statutes.
### 22. The Finance Committee.
- The constitution, powers and functions of the Finance Committee shall be prescribed by the Statutes.
### 23. Faculties.
- The University shall have such Faculties as may be prescribed by the Statutes.
### 24. The Board of Studies.
- The constitution, powers and functions of the Board of Studies shall be prescribed by the Statutes.
### 25. Other authorities.
- The constitution, powers and functions of other authorities of the University referred to in clause (7) of section 17 shall be such as may be prescribed by the Statutes.
### 26. Power to make Statutes.
- Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely :-
(a) the constitution, powers and functions of the authorities of the University, as may be constituted from time to time;
(b) the appointment and continuance in office of the members of the said authorities, the filling up of vacancies of members, and all other matters relating to those authorities for which it may be necessary or desirable to provide;
(c) the appointment, powers and duties of the officers of the University and their emoluments;
(d) the appointment of teachers, academic staff and other employees of the University and their emoluments;
(e) the appointment of teachers and academic staff working in any other University or organisation for a specific period for undertaking a joint project;
(f) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;
(g) the principles governing the seniority of service of employees of the University;
(h) the procedure for arbitration in cases of dispute between employees or students and the University;
(i) the procedure for appeal to the Board by any employee or student against the action of any officer or authority of the University;
(j) the establishment and abolition of Departments, centres, colleges and institutions;
(k) the conferment of honorary degrees;
(l) the withdrawal of degrees, diplomas, certificates and other academic distinctions;
(m) the institution of fellowships, scholarships, studentships, medals and prizes;
(n) the delegation of powers vested in the authorities or officers of the University;
(o) the maintenance of discipline among the employees and students;
(p) all other matters which are to be, or may be, prescribed by the Statutes.
### 27. Statutes how to be made.
(1) The first Statutes are those set out in the Schedule.
(2) The Board may from time to time make Statutes or may amend or repeal the Statutes referred to in sub-section (1) :
Provided that the Board shall not make, amend or repeal any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing an opinion in writing on the proposed changes, and any opinion so expressed shall be considered by the Board.
(3) Every Statute or any amendment or repeal of a Statute shall require the assent of the Visitor who may assent thereto or withhold assent therefrom or remit it to the Board for consideration.
(4) A Statute or a Statute amending or repealing an existing Statute shall have no validity unless it has been assented to by the Visitor.
(5) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may amend or repeal the Statutes referred to in sub-section (1) during the period of three years immediately after the commencement of this Act.
(6) Notwithstanding anything contained in the foregoing sub-sections, the Visitor may direct the University to make provisions in the Statutes in respect of any matter specified by him and if the Board is unable to implement such direction within sixty days of its receipt, the Visitor may, after considering the reasons, if any, communicated by the Board for its inability to comply with such direction, make or amend the Statutes suitably.
### 28. Power to make Ordinances.
(1) Subject to the provisions of this Act and Statutes, the Ordinances may provide for all or any of the following matters, namely :-
(a) the admission of students to the University and their enrolment as such;
(b) the courses of study to be laid down for all degrees, diplomas and certificates of the University;
(c) the medium of instruction and examination;
(d) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(e) the fees to be charged for courses of study in the University and for admission to the examinations, degrees, diplomas and certificates of the University;
(f) the conditions for award of fellowships, scholarships, studentships, medals and prizes;
(g) the conduct of examinations, including the term of office and manner of appointment and the duties of examining bodies, examiners and moderators;
(h) the conditions of residence of the students;
(i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students and the prescribing of special courses of studies for them;
(j) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;
(k) the establishment of special centres, specialised laboratories and other committees;
(l) the manner of co-operation and collaboration with other Universities and authorities including learned bodies or associations;
(m) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University;
(n) such other terms and conditions of service of teachers and other academic staff as are not prescribed by the Statutes;
(o) the management of colleges and institutions established by the University;
(p) the setting up of a machinery for redressal of grievances of employees; and
(q) all other matters which by this Act or the Statutes may be provided for by the Ordinances.
(2) The first Ordinances shall be made by the Vice-Chancellor with the previous approval of the Central Government and the Ordinances so made may be amended or repealed at any time by the Board in the manner prescribed by the Statutes.
### 29. Regulations.
- The authorities of the University may make Regulations, consistent with this Act, the Statutes and the Ordinances for the conduct of their own business and that of the Committees appointed by them and not provided for by this Act, the Statutes or the Ordinances in the manner prescribed by the Statutes.
### 30. Annual report.
(1) The annual report of the University shall be prepared under the direction of the Board, which shall include, among other matters, the steps taken by the University towards the fulfilment of its objects and shall be submitted to the Board on or after such date as may be prescribed by the Statutes and the Board shall consider the report in its annual meeting.
(2) The Board shall submit the annual report to the Visitor along with its comments, if any.
(3) A copy of the annual report as prepared under sub-section (1) shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.
### 31. Annual accounts.
(1) The annual accounts of the University shall be prepared under the directions of the Board and shall, once at least every year and at intervals of not more than fifteen months, be audited by the Comptroller and Auditor-General of India or by such persons as he may authorise in this behalf.
(2) A copy of the annual accounts together with the audit report thereon shall be submitted to the Board and the Visitor along with the observations of the Board.
(3) Any observations made by the Visitor on the annual accounts shall be brought to the notice of the Board and observations of the Board, if any, shall be submitted to the Visitor.
(4) A copy of the annual accounts together with the audit report as submitted to the Visitor, shall also be submitted to the Central Government, which shall, as soon as may be, cause the same to be laid before both the Houses of Parliament.
(5) The audited annual accounts after having been laid before both the Houses of Parliament shall be published in the Official Gazette.
### 32. Conditions of service of employees.
(1) Every employee of the University shall be appointed under a written contract, which shall be lodged with the University and a copy of which shall be furnished to the employee concerned.
(2) Any dispute arising out of the contract between the University and any employee shall, at the request of the employee, be referred to a Tribunal of Arbitration consisting of one member appointed by the Board, one member nominated by the employee concerned and an umpire appointed by the Visitor.
(3) The decision of the Tribunal shall be final, and no suit shall lie in any civil court in respect of the matters decided by the Tribunal.
(4) Every request made by the employee under sub-section (2) shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration and Conciliation Act, 1996 (
26 of 1996
).
(5) The procedure for regulating the work of the Tribunal shall be prescribed by the Statutes.
### 33. Procedure of appeal and arbitration in disciplinary cases against students.
(1) Any student or candidate for an examination whose name has been removed from the rolls of the University by the orders or resolution of the Vice-Chancellor, Discipline Committee or Examination Committee, as the case may be, and who has been debarred from appearing at the examinations of the University for more than one year, may, within ten days of the date of receipt of such orders or copy of such resolution by him, appeal to the Board and the Board may confirm, modify or reverse the decision of the Vice-Chancellor or the Committee, as the case may be.
(2) Any dispute arising out of any disciplinary action taken by the University against a student shall, at the request of such student, be referred to a Tribunal of Arbitration and the provisions of sub-sections (2), (3), (4) and (5) of section 32 shall, as far as may be, apply to a reference made under this sub-section.
### 34. Right to appeal.
- Every employee or student of the University or of a college or institution maintained by the University shall, notwithstanding anything contained in this Act, have a right to appeal, within such time as may be prescribed by the Statutes, to the Board against the decision of any officer or authority of the University or any college or an institution, as the case may be, and thereupon the Board may confirm, modify or reverse the decision appealed against.
### 35. Provident and pension funds.
(1) The University shall constitute for the benefit of its employees such provident or pension fund or provide such insurance schemes as it may deem fit in such manner and subject to such conditions as may be prescribed by the Statutes.
(2) Where such provident fund or pension fund has been so constituted, the Central Government may declare that the provisions of the Provident Funds Act, 1925 (
19 of 1925
), shall apply to such fund, as if it were a Government provident fund.
### 36. Disputes as to constitution of University authorities.
- If any question arises as to whether any person has been duly appointed as, or is entitled to be, a member of any authority of the University, the matter shall be referred to the Visitor whose decision thereon shall be final.
### 37. Constitution of Committees.
- Where any authority of the University is given power by this Act or the Statutes to appoint Committees, such Committees shall, save as otherwise provided, consist of the members of the authority concerned and of such persons, if any, as the authority in each case may think fit.
### 38. Filling of casual vacancies.
- All casual vacancies among the members (other than ex officio members) of any authority of the University shall be filled, as soon as may be, by the person who appointed or co-opted the member whose place has become vacant and the person appointed or co-opted to a casual vacancy shall be a member of such authority or body for the residue of the term, for which the person whose place he fills would have been a member.
### 39. Proceedings of the University authorities not invalidated by vacancy.
- No act or proceedings of any authority of the University shall be invalid merely by reason of the existence of a vacancy or vacancies among its members.
### 40. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the Board, Vice-Chancellor, any authority or officer or other employee of the University for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act, the Statutes or the Ordinances.
### 41. Mode of proof of University records.
- A copy of any receipt, application, notice, order, proceeding, resolution of any authority or Committee of the University, or other documents in possession of the University, or any entry in any register duly maintained by the University, if verified by the Registrar, shall be received as prima facie evidence of such receipt, application, notice, order, proceeding, resolution or documents or the existence of entry in the register and shall be admitted as evidence of the matters and transactions therein where the original thereof would, if produced, have been admissible in evidence, notwithstanding anything contained in the Indian Evidence Act, 1872 (
1 of 1872
) or in any other law for the time being in force.
### 42. 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 appear to it to be necessary or expedient for removing the difficulties :
Provided that no such order shall be made under this section after the expiry of three years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
### 43. Transitional provisions.
- Notwithstanding anything contained in this Act, and the Statutes, -
(a) the first Chancellor and the first Vice-Chancellor shall be appointed by the Visitor and shall hold office for a term of five years;
(b) the first Registrar and the first Comptroller shall be appointed by the Visitor and each of the said officers shall hold office for a term of three years;
(c) the first members of the Board shall be nominated by the Visitor and shall hold office for a term of three years;
(d) the first members of the Academic Council shall be nominated by the Visitor and shall hold office for a term of three years :
Provided that if any vacancy occurs in the above offices or authorities, the same shall be filled by appointment or nomination, as the case may be, by the Visitor, and the person so appointed or nominated shall hold office for so long as the officer or member in whose place he is appointed or nominated would have held office, if such vacancy had not occurred.
### 44. Statutes, Ordinances and Regulations to be published in the Official Gazette and to be laid before Parliament.
(1) Every Statute, Ordinance or Regulation made under this Act shall be published in the Official Gazette.
(2) Every Statute, Ordinance or 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 Statute, Ordinance or Regulation or both Houses agree that the Statute, Ordinance or Regulation should not be made, the Statute, Ordinance 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 Statute, Ordinance or Regulation.
(3) The power to make Statutes, Ordinances or Regulations shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the Statutes, Ordinances or Regulations or any of them but no retrospective effect shall be given to any Statute, Ordinance or Regulation so as to prejudicially affect the interests of any person to whom such Statutes, Ordinances or Regulations may be applicable.
THE SCHEDULE
(See section 27)
The Statutes of The University
The Chancellor
### 1. (1) The Chancellor shall be appointed by the Visitor from a panel of not less than three persons recommended by the Board from amongst persons of eminence in education in general and agricultural sciences in particular:
Provided that if the Visitor does not approve any of the persons so recommended, he may call for fresh recommendations from the Board.
(2) The Chancellor shall hold office for a term of five years and shall not be eligible for reappointment:
Provided that in exceptional circumstances, the chancellor may continue to hold office until his successor enters upon his office.
The Vice-Chancellor
### 2. (1) The Vice-Chancellor shall be appointed by the Visitor from a panel of not less than three persons who shall be recommended by a Committee as constituted under clause (2).
(2) The Committee referred to in clause (1) shall consist of the following :-
(i) Secretary, Department of Agricultural Research and Education, Government of India who shall be the Chairman;
(ii) one nominee of the Visitor as Member, who shall also be the Convener;
(iii) one nominee of the Central Government.
(3) The Vice-Chancellor shall be a whole-time salaried officer of the University.
(4) The Vice-Chancellor shall hold office for a term of five years from the date on which he enters upon his office, or until he attains the age of seventy years, whichever is earlier, and he shall be eligible for reappointment for a further term of five years, or until he attains the age of seventy years whichever is earlier:
Provided that in exceptional circumstances, the Vice-Chancellor may continue in office for a period not exceeding one year or until his successor is appointed and enters upon his office.
(5) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows :-
(i) the Vice-Chancellor shall be paid a monthly salary and allowances other than the house rent allowance, at the rate fixed by the Central Government from time to time and he shall be entitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice-Chancellor in respect of the maintenance of such residence;
(ii) the Vice-Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Board with the approval of the Visitor from time to time: Provided that where an employee of the University or a college or an institution maintained by it, or of any other University or any institution maintained by or affiliated to such other University, is appointed as the Vice-Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shall contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice-Chancellor :
Provided further that where such employee had been a member of any pension scheme, the University shall make the necessary contribution to such scheme;
(iii) the Vice-Chancellor shall be entitled to travelling and other allowances as per the rate fixed from time to time by the Government of India for the officers equivalent to the rank of Secretary to the Government of India. Further, he shall be entitled to transfer travelling allowances and other allowances as admissible to officers of the rank of Secretary to the Government of India for joining and after relinquishing the post;
(iv) the Vice-Chancellor shall be entitled to leave on full pay at the rate of thirty days in a calendar year and the leave shall be credited to his account in advance in two half-yearly instalments of fifteen days each on the first day of January and July every year:
Provided that if the Vice-Chancellor assumes or relinquishes charge of the office of the Vice-Chancellor during the currency of a half year, the leave shall be credited proportionately at the rate of two and a half days for each completed month of service;
(v) in addition to the leave referred to in sub-clause (iv), the Vice-Chancellor shall also be entitled to half pay leave at the rate of twenty days for each completed year of service. This half pay leave may also be availed of as commuted leave on full pay on medical certificate. When commuted leave is available, twice the amount of half pay leave shall be debited against half pay leave due;
(vi) the Vice-Chancellor shall be entitled to Leave Travel Concession and Home Travel Concession as per rules of Government of India;
(vii) the Vice-Chancellor shall be entitled to the benefit of leave encashment at the time of laying down the office as per rules of Government of India.
(6) If the office of the Vice-Chancellor becomes vacant due to death, resignation or otherwise, or if he is unable to perform his duties due to ill health or any other cause, the senior-most Dean or Director, as the case may be, shall perform the duties of the Vice-Chancellor until a new Vice-Chancellor assumes office or until the Vice-Chancellor attends to the duties of his office, as the case may be.
Powers and duties of the Vice-Chancellor
### 3. (1) The Vice-Chancellor shall be ex officio Chairman of the Board, the Academic Council, the Finance Committee, the Research Council and the Extension Education Council and shall in the absence of the Chancellor, preside over the Convocation held for conferring degrees.
(2) The Vice-Chancellor shall be entitled to be present at, and address any meeting of any authority of the University, but shall not be entitled to vote thereat unless he is a member of such authority.
(3) It shall be the duty of the Vice-Chancellor to see that this Act, the Statutes, the Ordinances and the Regulations are duly observed, and he shall have all the powers necessary to ensure such observance.
(4) The Vice-Chancellor shall exercise control over the affairs of the University and shall give effect to the decisions of all the authorities of the University.
(5) The Vice-Chancellor shall have all the powers necessary for the proper maintenance of discipline in the University and he may delegate any such powers to such person or persons as he may deem fit.
(6) The Vice-Chancellor shall have the power to convene or cause to be convened the meetings of the Board, the Academic Council, the Research Council, the Extension Education Council and the Finance Committee.
The Dean of colleges and Faculties
### 4. (1) Each Faculty shall have a Dean who shall also be the head of the college concerned. If any Faculty has more than one college, the Vice-Chancellor may nominate one of the Deans as Dean of the Faculty.
(2) The Dean of the college shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose as per Statute 18 and he shall be a whole-time salaried officer of the University.
(3) The Dean shall be entitled to rent free and unfurnished residential accommodation.
(4) The Dean shall hold the office for a term of five years and shall be eligible for reappointment:
Provided that a Dean on attaining the age of sixty-five years shall cease to hold office as such.
(5) When the office of the Dean is vacant or when the Dean is, by reason of illness, absence or any other cause, unable to perform duties of his office, the duties of the office shall be performed by such persons as the Vice-Chancellor may appoint for the purpose.
(6) The Dean shall be responsible to the Vice-Chancellor for the conduct and maintenance of the standards of teaching in the college and Faculty and shall perform such other functions as may be prescribed by the Ordinances.
(7) The Dean shall be the ex officio Chairman of the Board of Studies of the Faculty, a member of the Academic Council, the Research Council and the Extension Education Council of the University.
The Director of Education
### 5. (1) The Director of Education shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Director of Education shall be entitled to rent free and unfurnished residential accommodation.
(3) The Director of Education shall hold office for a term of five years and shall be eligible for reappointment:
Provided that Director of Education on attaining the age of sixty-five years shall cease to hold office as such.
(4) The Director of Education shall be responsible for planning, co-ordination and supervision for all educational programmes in the various Faculties of the University.
The Director of Research
### 6. (1) The Director of Research shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Director of Research shall be entitled to rent free and unfurnished accommodation.
(3) The Director of Research shall hold office for a term of five years and shall be eligible for reappointment:
Provided that the Director of Research on attaining the age of sixty-five years shall cease to hold office as such.
(4) The Director of Research shall be responsible for supervision and co-ordination of all research programmes of the University and shall be responsible to the Vice-Chancellor for performance of his duties.
(5) The Director of Research shall be ex officio Member-Secretary of the Research Council of the University.
The Director of Extension Education
### 7. (1) The Director of Extension Education shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose and he shall be a whole-time salaried officer of the University.
(2) The Director of Extension Education shall be entitled to rent free and unfurnished accommodation.
(3) The Director of Extension Education shall hold office for a term of five years and shall be eligible for reappointment :
Provided that the Director of Extension Education on attaining the age of sixty-five years shall cease to hold office as such.
(4) The Director of Extension Education shall be responsible for supervision and coordination of all Extension Education Programmes in the University and shall be responsible to the Vice-Chancellor for performance of his duties.
(5) The Director of Extension Education shall be ex officio Member-Secretary of the Extension Education Council of the University.
The Registrar
### 8. (1) The Registrar shall be appointed by the Board on the recommendations of a duly constituted Selection Committee under Statute 18 and he shall be a whole-time salaried officer of the University. He shall be responsible to the Vice-Chancellor for performance of his duties.
(2) He shall be appointed for a term of five years and shall be eligible for reappointment.
(3) He may also be appointed on deputation for a specified period not exceeding five years.
(4) The emoluments and other terms and conditions of service of the Registrar shall be such as may be prescribed by the Ordinances:
Provided that the Registrar shall retire on attaining the age of sixty-two years.
(5) In case of a person appointed on deputation, his tenure, emoluments and other terms of service shall be according to the terms of deputation.
(6) When the office of the Registrar is vacant or when the Registrar is, by reason of illness, absence, or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(7) (a)
The Registrar shall have the power to take disciplinary action against such of the employees excluding teachers, as may be specified in the order of the Board and to suspend them pending inquiry, to administer warnings to them or to impose on them the penalty of censure or the withholding of increment :
Provided that no such penalty shall be imposed unless the person concerned has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(b) An appeal shall lie to the Vice-Chancellor against any order of the Registrar imposing any of the penalties specified in sub-clause (a).
(c) In a case where the inquiry discloses that a punishment beyond the power of the Registrar is called for, the Registrar shall, upon conclusion of the inquiry, make a report to the Vice-Chancellor along with his recommendations:
Provided that an appeal shall lie to the Board against an order of the Vice-Chancellor imposing any penalty.
(8) The Registrar shall be the Secretary ex officio of the Board and the Academic Council, but shall not be deemed to be a member of any of these authorities.
(9) It shall be the duty of the Registrar -
(a) to be the custodian of the records, the common seal and such other property of the University as the Board shall commit to his charge;
(b) to issue all notice convening meeting of the Board, the Academic Council and of any Committee appointed by those authorities;
(c) to keep the minutes of all the meetings of the Board, the Academic Council and of any committees appointed by those authorities;
(d) to conduct the official correspondence of the Board and the Academic Council;
(e) to arrange for the examinations of the University in accordance with the manner prescribed by the Ordinances or notifications;
(f) to supply to the Visitor, copies of the agenda of the meetings of the authorities of the University as soon as they are issued and the minutes of such meetings;
(g) to represent the University in suits or proceedings by or against the University, sign powers-of-attorney and verify pleadings or depute his representatives for the purpose; and
(h) to perform such other duties as may be specified in the Statutes, the Ordinances or the Regulations or as may be required, from time to time, by the Board or the Vice-Chancellor.
The Comptroller
### 9. (1) The Comptroller shall be appointed by the Board on the recommendations of a duly constituted Selection Committee under Statute 18 and he shall be a whole-time salaried officer of the University.
(2) He shall be appointed for a term of five years and shall be eligible for reappointment.
(3) The Comptroller may also be appointed on deputation for a specified period not exceeding five years.
(4) The emoluments and other terms and conditions of service of the Comptroller shall be such as may be prescribed by the Ordinances. In case of a person being appointed on deputation, his tenure, emoluments and other terms of service shall be according to the standard of deputation:
Provided that the Comptroller shall retire on attaining the age of sixty years.
(5) When the office of the Comptroller is vacant or when the Comptroller is, by reason of illness, absence or any other cause, unable to perform the duties of his office, the duties of the office shall be performed by such person as the Vice-Chancellor may appoint for the purpose.
(6) The Comptroller shall be the Secretary ex officio of the Finance Committee, but shall not be deemed to be a member of such Committee.
(7) The Comptroller shall -
(a) exercise general supervision over the funds of the University and shall advise it as regards its financial policy; and
(b) perform such other duties as may be specified in the Statutes, the Ordinances or as may be required, from time to time, by the Board or the Vice-Chancellor.
(8) Subject to the control of the Board, the Comptroller shall-
(a) hold and manage the property and investments of the University including trust and endowed property;
(b) ensure that the limits fixed by the Board for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the University and for their presentation to the Board;
(d) keep a constant watch on the state of the cash and bank balances and on the state of investments;
(e) watch the progress of the collection of revenue and advise on the methods of collection employed;
(f) ensure that the registers of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, specialised laboratories, colleges and institutions maintained by the University;
(g) bring to the notice of the Vice-Chancellor unauthorised expenditure and other financial irregularities and suggest disciplinary action against persons at fault; and
(h) call for from any office, laboratory, college or institution maintained by the University and information or returns that he may consider necessary for performance of his duties.
(9) Any receipt given by the Comptroller or the person or persons duly authorised in this behalf by the Board for any money payable to the University shall be sufficient discharge for payment of such money.
Heads of Departments
### 10. (1) Each Department shall have a Head appointed by the Vice-Chancellor who shall be not below the rank of an Associate Professor and whose duties and functions and terms and conditions of appointment shall be prescribed by the Ordinances.
(2) He shall be responsible to the Dean for teaching, to Director of Research for research, to Director of Extension Education for extension education work. However, the Dean shall be the administrative controlling officer of the Heads of Departments in college concerned :
Provided that if there is more than one Professor in any Department, the Head of the Department shall be appointed by the Vice-Chancellor from amongst the Professors:
Provided further that in the case of Department where there is only one Professor, the Vice-Chancellor shall have the option, to appoint either the Professor or an Associate Professor as the Head of the Department :
Provided also that in a Department where there is no Professor or Associate Professor, the Dean of the college shall act as the Head of the Department or with the approval of the Vice-Chancellor assign the duty to any other Head of the Department of the college.
(3) It shall be open to a Professor or an Associate Professor to decline the offer of appointment as the Head of the Department.
(4) A Professor or an Associate Professor appointed as Head of the Department shall hold office as such for a period of three years and shall be eligible for reappointment.
(5) A Head of the Department may resign his office at any time during his tenure of office.
(6) A Head of the Department shall perform such functions as may be prescribed by the Ordinances.
(7) The Head of the Department shall retire at the age of sixty-five years.
Librarians
### 11. (1) The University Librarian shall be appointed by the Board on the recommendations of the Selection Committee constituted for the purpose under Statute 18 and he shall be a whole-time salaried officer of the University.
(2) The Librarian shall exercise such powers and perform such duties as may be assigned to him by the Vice-Chancellor.
Constitution, powers and functions of the Board of Management
### 12. (1) The Board shall consist of the following members, namely :-
(i) the Vice-Chancellor, ex officio Chairman;
(ii) Four Secretaries, from amongst the Secretaries in charge of the Departments of Agriculture and Animal Husbandry, Fishery and Horticulture of the States of Madhya Pradesh and Uttar Pradesh to be nominated by the Visitor by rotation: Provided that there shall not be more than two Secretaries from a State in the Board at a particular time;
(iii) three eminent scientists to be nominated by the Visitor;
(iv) one distinguished person representing Agro-based industries or amanufacturer having a special knowledge in agricultural development to be nominated by the Visitor;
(v) the Deputy Director-General (Education) representing the Indian Council of
Agricultural Research;
(vi) one Dean of college and one Director to be nominated by the Vice-Chancellor on rotational basis; (vii) three persons including at least a woman representing farmers in Bundelkhand to be nominated by the Vice-Chancellor by rotation in the States of Madhya Pradesh and Uttar Pradesh:
Provided that there shall not be more than two representatives from a State in the Board at a particular time;
(viii) an Advisor (Agriculture), Planning Commission;
(ix) a distinguished authority on natural resource or environment management to be nominated by the Visitor;
(x) two persons not below the rank of Joint Secretary representing respectively the Departments of Government of India dealing with the Agriculture and Animal Husbandry to be nominated by the concerned Secretary to the Government of India;
(xi) nominee of the Secretary representing the Department of Agricultural Research and Education, Government of India;
(xii) the Registrar of the University-Secretary.
(2) The term of office of the members of the Board, other than ex officio members, shall be three years.
(3) The Board shall have the power of management and administration of the revenue and property of the University and the conduct of all administrative affairs of the University not otherwise provided for.
(4) Subject to the provisions of this Act, the Statutes and the Ordinances, the Board shall in addition to all other powers vested in it, have the following powers, namely :-
(i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of University staff, subject to the approval of the Indian Council of Agricultural Research;
(ii) to appoint such teachers and other academic staff, as may be necessary, and Deans of colleges, Director and Heads of other institutions maintained by the University on the recommendations of the Selection Committee constituted for the purpose and to fill up temporary vacancies therein;
(iii) to create administrative, ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Ordinances;
(iv) to regulate and enforce discipline among employees in accordance with the
Statutes and Ordinances;
(v) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the University, and for that purpose to appoint such agents as it may think fit;
(vi) to fix limits on the total recurring and the total non-recurring expenditure for one year on the recommendations of the Finance Committee;
(vii) to invest any money belonging to the University, including any unapplied income, in such stocks, funds, shares or securities, from time to time, as it may think fit or in the purchase of immovable property in India, with the like powers of varying such investment from time to time;
(viii) to transfer or accept transfers of any movable or immovable property on behalf of the University;
(ix) to provide buildings, premises, furniture and apparatus and other means needed for carrying on the work of the University;
(x) to enter into, vary, carry out and cancel contracts on behalf of the University;
(xi) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the University;
(xii) to fix fees, honorarium, emoluments and travelling allowances of examiners or experts or consultants, advisors and officers on special duty;
(xiii) to select a common seal for the University and provide for the custody and use of such seal;
(xiv) to make such special arrangements as may be necessary for the residence and discipline of women students;
(xv) to delegate any of its powers to the Vice-Chancellor, Deans, Directors, Registrar or Comptroller or such other employee or authority of the University or to a Committee appointed by it as it may deem fit;
(xvi) to institute fellowships, scholarships, studentships, medals and prizes;
(xvii) to provide for appointment of Visiting Professor, Emeritus Professor, Consultant and Officers on Special Duty and Scholars and to determine the terms and conditions of such appointment;
(xviii) to exercise such other power and perform such other duties as may be conferred on it by the Act, or the Statutes.
Quorum for meetings of the Board
### 13. Six members of the Board shall form the quorum for a meeting of the Board. Constitution and powers of the Academic Council
### 14. (1) The Academic Council shall consist of the following members, namely :-
(i) the Vice-Chancellor, ex officio Chairman;
(ii) all the Deans of the colleges of the University;
(iii) the Director of Research of the University;
(iv) the Director of Extension Education of the University;
(v) the Director of Education;
(vi) a Librarian to be nominated by the Vice-Chancellor on rotational basis;
(vii) two eminent scientists to be co-opted from outside the University to be nominated by the Vice-Chancellor;
(viii) seven Heads of the Departments, at least one from each Faculty to be nominated by the Vice-Chancellor;
(ix) the Registrar of the University, ex officio Secretary.
(2) The term of office of the members of the Academic Council other than ex officio members shall be three years.
(3) Subject to the Act, the Statutes and the Ordinances, the Academic Council shall, in addition to all other powers vested in it, have the following powers, namely :-
(a) to exercise general supervision over the academic policies of the University and to give directions regarding methods of instruction, co-operative teaching among colleges and institutions, evaluation and improvements in academic standards;
(b) to bring about inter-college co-ordination and establish or appoint Committee on academic matters;
(c) to consider matters of general academic interest either on its own initiative or on a reference by a college or the Board and to take appropriate action thereon; and
(d) to frame such regulations and rules consistent with the Statutes and the Ordinances regarding the academic functioning of the University, discipline, residences, admissions, award of fellowships and studentships, fees, concessions, corporate life and attendance.
Quorum for meetings of the Academic Council
### 15. One-third members of the Academic Council shall form the quorum for a meeting of the Academic Council. Board of Studies
### 16. (1) Each Faculty shall have a Board of Studies.
(2) The Board of Studies of each Faculty shall be constituted as under :-
(i) Dean of Faculty - Chairperson;
(ii) Director of Research - Member;
(iii) Director of Extension Education-Member;
(iv) all Heads of Departments of the Faculty not below the rank of Associate Professor-Member;
(v) one representative of the Academic Council not belonging to the particular Faculty to be nominated by the Vice-Chancellor;
(vi) two eminent scientists from agricultural education system not belonging to the University to be nominated by the Vice-Chancellor;
(vii) one final year Post-Graduate student with Highest Overall Grade Point Average (OGPA) - Member;
(viii) Assistant Registrar (Academic) of the Faculty - Member;
(ix) Director of Education-Member.
(3) The functions of the Board of Studies shall be to recommend to the Academic Council, the course curriculum to be prescribed for various degrees to be offered by the concerned Faculty and to make suitable recommendations for the teaching of the prescribed approved course, namely :-
(a) courses of studies and appointment of examiners for courses, but excluding research degrees;
(b) appointment of supervisors of research; and
(c) measures for the improvement of the standard of teaching and research.
Finance Committee
### 17. (1) The Finance Committee shall consist of the following members, namely :-
(i) the Vice-Chancellor - Chairman;
(ii) Financial Advisor, Department of Agricultural Research and Education or his nominee not below the rank of Deputy Secretary;
(iii) three persons to be nominated by the Board, out of whom at least one shall be a member of the Board;
(iv) three persons to be nominated by the Visitor; and
(v) the Comptroller of the University-Member-Secretary.
(2) Three members of the Finance Committee shall form the quorum for meeting of the Finance Committee.
(3) The members of the Finance Committee, other than ex officio members, shall hold office for a term of three years.
(4) A member of the Finance Committee shall have the right to record a minute of dissent if he does not agree with any decision of the Finance Committee.
(5) The Finance Committee shall meet at least twice a year to examine the accounts and to scrutinise proposals for expenditure.
(6) Every proposal relating to creation of posts, and those items which have not been included in the Budget, shall be examined by the Finance Committee before they are considered by the Board.
(7) The annual accounts and the financial estimates of the University prepared by the Comptroller, shall be laid before the Finance Committee for consideration and comments and thereafter submitted to the Board for approval.
(8) The Finance Committee shall recommend limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the University (which, in the case of productive works, may include the proceeds of loans).
Selection Committee
### 18. (1) There shall be a Selection Committee for making recommendations to the Board for appointment to the posts of teachers, Comptroller, Registrar, Librarians, Deans of colleges, Directors and Heads of other institutions maintained by the University.
(2) The Selection Committee for appointment to the posts specified in column 1 of the Table below shall consist of members as specified in the corresponding entries in column 2 of the said Table :
| | | |
| --- | --- | --- |
|
1
|
2
|
3
|
|
A.
|
Directors/Deans
|
(i) Vice-Chancellor or his nominee—Chairman.
|
|
|
| (ii) One nominee of the Visitor—Member.
|
|
|
| (iii) Three eminent scientists not below the rank of
Vice-Chancellor or equivalent (serving or retired) to be
nominated by the Vice-Chancellor from a panel of six names
approved by the Board—Member.
|
|
B.
|
Professors/Equivalent
|
(i) Vice-Chancellor or his nominee–Chairman.
|
|
|
| (ii) One nominee of the Visitor—Member.
|
|
|
| (iii) Dean of the concerned Faculty—Member.
|
|
|
| (iv) Director of Research or Director of Extension Education
or Director of Education to be nominated by the Vice-Chancellor—
Member.
|
|
|
| (v) Three eminent subject specialists not below the rank of
Head of Department or equivalent (serving or retired) to be
nominated by the Vice-Chancellor out of a panel of six names
approved by the Board—Members.
|
|
C.
|
Associate Professor/Assistant Professor/Equivalent
|
(i) Vice-Chancellor or his nominee—Chairman.
|
|
|
| (ii) One nominee of the Visitor—Member.
|
|
|
| (iii) Dean of the concerned faculty—Member.
|
|
|
| (iv) Director of Education or Director of Research or
Director of Extension Education to be nominated by the
Vice-Chancellor—Member.
|
|
|
| (v) Head of the concerned Department not below the rank of
Professor—Member.
|
|
|
| (vi) Two eminent teachers or scientists not below the rank of
Professor or equivalent (serving or retired) to be nominated by
the Vice-Chancellor out of a panel of six names approved by the
Board—Members.
|
|
D.
|
Registrar/Comptroller/Librarian
|
(i) Vice-Chancellor or his nominee—Chairman.
|
|
|
| (ii) One nominee of the Visitor—Member.
|
|
|
| (iii) One Director/Dean to be nominated by the
Vice-Chancellor—Member.
|
|
|
| (iv) Two experts in the concerned subject to be nominated by
the Vice-Chancellor, out of a panel of six names approved by the
Board—Members.
|
(3) The Vice-Chancellor, or in his absence, his nominee shall preside at the meetings of the Selection Committee:
Provided that the meetings of the Selection Committee shall be fixed after prior consultation with the nominees of the Visitor:
Provided further that the proceedings of the Selection Committee shall not be valid unless at least two members, not in the service of the University are present in the meeting.
(4) The meeting of the Selection Committee shall be convened by the Vice-Chancellor or in his absence by his nominee.
(5) The procedure to be followed by the Selection Committee in making recommendations shall be decided by the Committee prior to the interview.
(6) If the Board is unable to accept the recommendations made by the Selection Committee, it shall record its reasons and submit the case to the Visitor for final orders.
(7) Appointments to temporary posts shall be made in the manner indicated below :-
(i) the Vice-Chancellor shall have the authority to appoint a person on ad hoc basis for a period not exceeding six months extendable by a further period of six months with the approval of the Board:
Provided that if the Vice-Chancellor is satisfied that in the interest of work it is necessary to fill the vacancy, the appointment may be made on a purely temporary basis by the local Selection Committee referred to in sub-clause (ii) for the period not exceeding six months;
(ii) if the temporary vacancy is for a period less than one year, an appointment to such vacancy shall be made on the recommendation of the local Selection Committee consisting of the Dean of the college concerned, the Head of the Department and a nominee of the Vice-Chancellor:
Provided that if the same person holds the offices of the Dean and the Head of the Department, the Selection Committee may contain two nominees of the Vice-Chancellor:
Provided further that in case of sudden casual vacancies of teaching posts caused by death or any other reason, the Dean may, in consultation with the Head of the Department concerned, make a temporary appointment for one month and report to the Vice-Chancellor and the Registrar about such appointment;
(iii) no teacher appointed temporarily shall, if he is not recommended by the regular Selection Committee for appointment under the Statutes, be continued in service on such temporary employment, unless he is subsequently selected by the local Selection Committee or the regular Selection Committee, for a temporary or permanent appointment, as the case may be.
(8) Mode of constitution of the Selection Committee for non-academic staff, not prescribed in the Statutes, shall be prescribed by the Ordinances.
Special mode of appointment
### 19. (1) Notwithstanding anything contained in Statute 18, the Board may invite a person of high academic distinction and professional attainments to accept a post of Professor or Associate Professor or any other academic post in the University, as the case may be, on such terms and conditions as it deems fit, and on the person agreeing to do so, appoint him to the post.
(2) The Board may appoint a teacher or any other academic staff working in any other University or organisation for undertaking a joint project in accordance with the manner laid down in the Ordinances.
Appointment for a fixed tenure
### 20. The Board may appoint a person selected in accordance with the procedure laid down in Statute 18 for a fixed tenure on such terms and conditions as it deems fit. Qualifications of Director, Dean, Professor, etc.
### 21. (1) Qualifications of Director, Dean, Professor, Associate Professor and Assistant Professor of different Faculties and their equivalents in Research and Extension Education shall be as prescribed by the Ordinances.
(2) Qualification of non-academic staff shall be prescribed by the Ordinances. Committees
### 22. (1) The authorities of the University specified in section 16 may appoint as many standing or special Committees as it may deem fit, and may appoint to such committees persons who are not members of such authority.
(2) Any such Committee appointed under clause (1) may deal with any subject delegated to it subject to confirmation by the authority appointing it.
Terms and conditions of service and code of conduct of the teachers, etc.
### 23. (1) All the teachers and other academic staff of the University shall, in the absence of any agreement to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations.
(2) Every teacher and other staff of the University shall be appointed on a written contract, the term of which shall be prescribed by the Ordinances.
(3) A copy of every contract referred to in clause (2) shall be deposited with the Registrar.
Terms and conditions of service and code of conduct of other employees
### 24. All the non-academic employees of the University, shall in the absence of any contract to the contrary, be governed by the terms and conditions of service and code of conduct as are specified in the Statutes, the Ordinances and the Regulations as made from time to time. Seniority list
### 25. (1) Whenever, in accordance with the Statutes, any person is to hold an office or be a member of an authority of the University by rotation according to seniority, such seniority shall be determined according to the length of continuous service of such person in his grade and, in accordance with such other principles as the Board may, from time to time, prescribe.
(2) It shall be the duty of the Registrar to prepare and maintain, in respect of each class of persons to whom the provisions of these Statutes apply, a complete and up-to-date seniority list in accordance with the provisions of clause (1).
(3) If two or more persons have equal length of continuous service in a particular grade or the relative seniority of any persons is otherwise in doubt, the Registrar may, on his own motion and shall, at the request of any person, submit the matter to the Board whose decision thereon shall be final.
Removal of employees of the University
### 26. (1) Where there is an allegation of misconduct against a teacher, a member of the academic staff or other employee of the University, the Vice-Chancellor, in the case of the teacher or member of the academic staff and the authority competent to appoint (hereinafter referred to as the appointing authority) in the case of other employee, may, by order in writing, place such teacher, member of the academic staff or other employee, as the case may be, under suspension and shall forthwith report to the Board, the circumstances in which the order was made:
Provided that the Board may, if it is of the opinion, that the circumstances of the case do not warrant the suspension of the teacher or a member of the academic staff, revoke such order.
(2) Notwithstanding anything contained in the terms of the contract of appointment or of any other terms and conditions of service of the employees, the Board in respect of teacher and other academic staff and the appointing authority, in respect of other employees, shall have the power to remove a teacher or a member of the academic staff, or other employees, as the case may be, on grounds of misconduct.
(3) Save as aforesaid, the Board or the appointing authority, as the case may be, shall not be entitled to remove any teacher, member of the academic staff or other employee except for a good cause and after giving three months, notice or on payment of three months salary in lieu thereof.
(4) No teacher, member of the academic staff or other employee shall be removed under clause (2) or clause (3) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(5) The removal of a teacher, member of the academic staff or other employee shall take effect from the date on which the order of removal is made:
Provided that where the teacher, member of the academic staff or other employee is under suspension at the time of his removal, such removal shall take effect from the date on which he was placed under suspension.
(6) Notwithstanding anything contained in the foregoing provisions of this Statute, a teacher, member of the academic staff or other employee may resign, -
(a) if he is a permanent employee, only after giving three months' notice in writing to the Board or the appointing authority, as the case may be, or by paying three months' salary in lieu thereof;
(b) if he is not a permanent employee, only after giving one month's notice in writing to the Board or, the appointing authority, as the case may be, or by paying one months' salary in lieu thereof :
Provided that such resignation shall take effect only on the date from which the resignation is accepted by the Board or the appointing authority, as the case may be.
Honorary degrees
### 27. (1) The Board may, on the recommendation of the Academic Council and by a resolution passed by a majority of not less than two-thirds of the members present and voting, make proposals to the Visitor for the conferment of honorary degrees: Provided that in case of emergency, the Board may, on its own motion, make such proposals.
(2) The Board may, by a resolution passed by a majority of not less than two-thirds of the members present and voting, withdraw, with the previous sanction of the Visitor, any honorary degree conferred by the University.
Withdrawal of degrees, etc.
### 28. The Board may, by a special resolution passed by a majority of not less than twothirds of the members present and voting, withdraw any degree or academic distinction conferred on, or any certificate or diploma granted to, any person by the University for good and sufficient cause : Provided that no such resolution shall be passed until a notice in writing has been given to that person calling upon him to show cause within such time as may be specified in the notice why such a resolution should not be passed and until his objections, if any, and any evidence he may produce in support of them, have been considered by the Board.
Maintenance of discipline among students of the University
### 29. (1) All powers relating to discipline and disciplinary action in relation to students of the University shall vest in the Vice-Chancellor.
(2) The Vice-Chancellor may delegate all or any of his powers as he deems proper to such officers as he may specify in this behalf.
(3) Without prejudice to the generality of his powers relating to the maintenance of discipline and taking such action, as may seem to him appropriate for the maintenance of discipline, the Vice-Chancellor may, in exercise of his powers, by order, direct that any student or students be expelled, or rusticated, for a specified period, or be not admitted to a course or courses of study in a college, institution or Department of the University for a stated period, or be punished with fine for an amount to be specified in the order, or be debarred from taking an examination or examinations conducted by the University, college, institution or Department for one or more years, or that the results of the student or students concerned in the examination or examinations in which he or they have appeared be cancelled.
(4) The Dean of colleges, institutions and Heads of the teaching Departments in the University shall have the authority to exercise all such disciplinary powers over the students in their respective colleges, institutions and teaching Departments in the University as may be necessary for the proper conduct of such colleges, institutions and teaching in the Departments.
(5) Without prejudice to the powers of the Vice-Chancellor, the Deans and other persons specified in clause (4), detailed rules of discipline and proper conduct shall be made by the University. The Deans of the colleges, institutions and Heads of the teaching Departments in the University may also make the supplementary rules as they deem necessary for the aforesaid purposes.
(6) At the time of admission, every student shall be required to sign a declaration to the effect that he submits himself to the disciplinary jurisdiction of the Vice-Chancellor and other authorities of the University.
Maintenance of discipline among students of colleges, etc.
### 30. All powers relating to discipline and disciplinary action in relation to the students of the college or an institution maintained by the University, shall vest in the Dean of the College or institution, as the case may be, in accordance with the procedure prescribed by the Ordinances. Convocations
### 31. Convocations of the University for the conferring of the degrees or for other purposes shall be held in such manner as may be prescribed by the Ordinances. Acting Chairman
### 32. When no provision is made for a Chairman to preside over a meeting of any Committee or when the Chairman so provided for is absent, or the Vice-Chancellor has not in writing made any arrangement, the members shall elect one from among themselves to preside over meeting. Resignation
### 33. Any member, other than an ex officio member of the Board, Academic Council or any other authority of the University or any committee of such authority may resign by letter addressed to the Registrar and the resignation shall take effect as soon as such letter is received by the Registrar. Disqualifications
### 34. (1) A person shall be disqualified for being chosen as, and for being, a member of any of the authorities of the University, -
(i) if he is of unsound mind;
(ii) if he is an undischarged insolvent;
(iii) if he has been convicted by a court of law of an offence involving moral turpitude and sentenced in respect thereof to imprisonment for a period of not less than six months.
(2) If any question arises as to whether a person is or has been subjected to any of the disqualifications mentioned in clause (1), the question shall be referred to the Visitor and his decision thereon shall be final and no suit or other proceedings shall lie in any civil court against such decision.
Residence condition for membership and office
### 35. Notwithstanding anything contained in the Statutes, a person who is not ordinarily resident in India shall not be eligible to be an officer of the University or a member of any authority of the University. Membership of authorities by virtue of membership of other bodies
### 36. Notwithstanding anything contained in the Statutes, a person who holds any post in the University or is a member of any authority of the University in his capacity as a member of a particular authority or as the holder of a particular appointment shall hold such office or membership only for so long as he continues to be a member of that particular authority or the holder of that particular appointment, as the case may be. Alumni Association
### 37. (1) There shall be an Alumni Association for the University.
(2) The subscription for membership of the Alumni Association shall be prescribed by the Ordinances.
(3) No member of the Alumni Association shall be entitled to vote or stand for election unless he has been a member of the said Association for at least one year prior to the date of the election and is a degree holder of the University of at least five years standing: Provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election.
Students' Council
### 38. (1) There shall be, in each College of the University, a Students' Council for each academic session for the purpose of making recommendations to the authorities of the University with regard to various activities relating to students welfare, including games, sports, dramatics, debates, cultural activities, etc., and such Council shall consist of :-
(i) the Dean of the College-Chairperson;
(ii) all Hostel Wardens;
(iii) Campus Estate Officer;
(iv) five Heads of the Departments to be nominated by the Dean;
(v) Hostel Prefects;
(vi) one student from each class or year who has secured the Highest Overall Grade Point Average (OGPA) in the previous academic session;
(vii) Students Welfare Officer-Member-Secretary.
(2) The Students Council shall meet at least once in each semester.
Ordinances how made
### 39. (1) The first Ordinances made under sub-section (2) of section 27 may be amended or repealed at any time by the Board in the manner specified below.
(2) No Ordinances in respect of the matters enumerated in section 27, other than those enumerated in clause (n) of sub-section (1) thereof shall be made by the Board unless a draft of such Ordinance has been proposed by the Academic Council.
(3) The Board shall not have power to amend any draft of any Ordinance proposed by the Academic Council under clause (2), but may reject the proposal or return the draft to the Academic Council for reconsideration either in whole or in part, together with any amendment which the Board may suggest.
(4) Where the Board has rejected or returned the draft of an Ordinance proposed by the Academic Council, the Academic Council may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than two-thirds of the members present and voting and more than half the total number of members of the Academic Council, the draft may be sent back to the Board which shall either adopt it or refer it to the Visitor whose decision shall be final.
(5) Every Ordinance made by the Board shall come into effect immediately.
(6) Every Ordinance made by the Board shall be submitted to the Visitor within two weeks from the date of its adoption. The Visitor shall have the power to direct the University within four weeks of the receipt of the Ordinance to suspend the operation of any such Ordinance and he shall, as soon as possible, inform the Board about his objection to the proposed Ordinance. The Visitor may, after receiving the comments of the University, either withdraw the order suspending the Ordinance, or disallow the Ordinance and his decision shall be final.
Regulations
### 40. (1) The authorities of the University may make Regulations consistent with the Act, the Statutes and the Ordinances for the following matters, namely :-
(i) laying down the procedure to be observed at their meeting and the number of members required to form a quorum;
(ii) providing for all matters which are required by the Act, the Statutes or the Ordinances to be specified by the Regulations;
(iii) providing for all other matters concerning such authority or committees appointed by them and not provided for by the Act, the Statutes or the Ordinances.
(2) Every authority of the University shall make Regulations providing for the giving of notice to the members of such authorities of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings.
(3) The Board may direct the amendment in such manner as it may specifiy of any Regulation made under the Statutes or the annulment of any such Regulation.
Delegation of Powers
### 41. Subject to the provisions of the Act and the Statutes, any officer or authority of the University may delegate his or its power to any other officer or authority or person under his or its respective control and subject to the condition that overall responsibility for the exercise of the powers so delegated shall continue to vest in the officer or authority delegating such powers. Collaboration with other Institution and Organisations
### 42. The University shall have the authority to enter into an agreement through a Memorandum of Understanding with any research and/or academic institution of higher learning to conduct collaborative Post Graduate Research Programme to fulfil the partial requirement for the award of Master's and Ph.D. degrees of the University. Constitution and Function of Research Council
### 43. (1) There shall be a Research Council of the University to exercise general supervision over the research policies and programmes of the University in the area of Agriculture and allied disciplines. The Research Council shall consist of the following members, namely :-
(i) the Vice-Chancellor-Chairman;
(ii) Director of Extension Education-Member;
(iii) Director of Education-Member;
(iv) all Deans of the colleges of the University-Members;
(v) nominees of the State Governments not below the rank of Director-Members;
(vi) all co-ordinators of the Research teams of the University-Members;
(vii) two eminent agricultural scientists to be nominated by the Vice-Chancellor for three years-Members;
(viii) Director of Research-Member-Secretary.
(2) The Research Council shall meet at least once in a year.
(3) One-third members of the Research Council shall form a quorum for the meeting of the Research Council.
(4) If a vacancy occurs due to resignation or otherwise the same shall be filled up for the remaining period.
Constitution and function of the Extension Education Council
### 44. (1) There shall be an Extension Education Council of the University to exercise general supervision over the extension education policies and programmes of the University in the area of Agriculture and allied disciplines. The Extension Education Council shall consist of the following members, namely :-
(i) the Vice-Chancellor-Chairman;
(ii) Director of Research-Member;
(iii) Director of Education-Member;
(iv) all Deans of the colleges of the University-Members;
(v) nominees of the State Governments not below the rank of Director-Members;
(vi) farmers representatives from Bundelkhand and one woman social worker to be nominated by the Vice-Chancellor for a term of three years-Members;
(vii) two eminent scientists from outside the University to be nominated by the Vice-Chancellor for two years-Members;
(viii) Director of Extension Education-Member-Secretary.
(2) The Extension Education Council shall meet at least once in a year.
(3) One-third members of the Extension Education Council shall form a quorum for the meeting of the Extension Education Council.
Application of the Central Civil Services (Pension) Rules, 1972, etc.
### 45. (1) All regular employees of the University shall be governed by the provisions of the Central Civil Services (Pension) Rules, 1972, and General Provident Fund (Central Services) Rules, 1960, in respect of grant of pension and gratuity and general provident fund.
(2) Any amendment made by the Government of India in the Central Civil Services (Pension) Rules, 1972, and the General Provident Fund (Central Services) Rules, 1960, shall also be applicable to employees of the University.
(3) In respect of commutation of pension, the provisions of the Central Civil Services (Commutation of Pension) Rules, 1981, shall apply.
(4) The Vice-Chancellor shall be the pension sanctioning authority and the pension authorisation authority.
(5) Pension payment shall be centralised and controlled by Comptroller's office.
|
65ba7f01ab84c7eca86ebb58 | acts |
Union of India - Act
----------------------
Insolvency and Bankruptcy Board of India (Engagement of Research Associates and Consultants) Regulations, 2017
----------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
Insolvency and Bankruptcy Board of India (Engagement of Research Associates and Consultants) Regulations, 2017
================================================================================================================
Rule INSOLVENCY-AND-BANKRUPTCY-BOARD-OF-INDIA-ENGAGEMENT-OF-RESEARCH-ASSOCIATES-AND-CONSULTANTS-REGULATIONS-2017 of 2017
--------------------------------------------------------------------------------------------------------------------------
* Published on 30 January 2017
* Commenced on 30 January 2017
Insolvency and Bankruptcy Board of India (Engagement of Research Associates and Consultants) Regulations, 2017
Published vide Notification No. IBBI/2016-17/GN/REG006, dated 30.1.2017
Last Updated 6th August, 2019
IBBI/2016-17/GN/REG006. - In exercise of the powers conferred by section 240 read with section 194 of the Insolvency and Bankruptcy Board of India Code, 2016 (No. 31 of 2016), the Insolvency and Bankruptcy Board of India hereby makes the following regulations, namely: -
### 1. Short title and commencement.
(1) These regulations may be called the Insolvency and Bankruptcy Board of India (Engagement of Research Associates and Consultants) Regulations, 2017.
(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) "Code" means the Insolvency and Bankruptcy Code, 2016 (31 of 2016);
(b) "Chairperson" means the Chairperson of the Board;
(c) "Board" means the Insolvency and Bankruptcy Board of India established under section 188(1) of the Code;
(d) "Executive Director" means an officer of the Board appointed as such and having the responsibility to manage human resources of the Board and includes an officer of the Board authorized by the Chairperson to function as Executive Director (Human Resources);
(2) Words and expressions used but not defined in these regulations shall have the same meanings respectively assigned to them in the Code.
### 3. Research Associates and Consultants.
(1) The Board may decide, from time to time, the number of the Research Associates and Consultants to be engaged.
(2) The Board may engage such number of Research Associates and Consultants, as it may deem fit.
### 4. Functions of Research Associates and Consultants.
- The Research Associates and Consultants engaged by the Board shall discharge such functions, as may be assigned to them by the Board.
### 5. Qualifications, experience and remuneration.
(1) The eligibility for Research Associates and Consultants for different disciplines shall be as given in Schedule I:
Provided that the Board may also engage Research Associates and Consultants from any other discipline as deemed necessary to assist the Board in the discharge of its functions under the Code.
(2) Depending upon the experience in respective discipline, a person shall be engaged as Research Associate or Consultant in one of five levels given in Schedule II.
(3) The Research Associates and Consultants of different levels shall be paid a consolidated remuneration in accordance with Schedule II.
(4) A Research Associate or Consultant shall not be entitled to any other compensation or facility in any form except an annual leave of 12 days.
### 6. Evaluation of performance.
(1) The performance of each Research Associate and Consultant shall be reviewed every six months with reference to tasks assigned and output delivered.
(2) If performance is unsatisfactory, the engagement of the Research Associate or Consultant, as the case may be, shall be discontinued forthwith.
### 7. Selection of Research Associates and Consultants.
(1) The Executive Director shall publish discipline-wise and level-wise number of the Research Associates and Consultants to be engaged with details of qualifications and experience required and the remuneration payable on the website of the Board and invite applications for each discipline and level by a stipulated date:
Provided that the Executive Director may also invite the applications by suitable public notice, for each discipline and level of Research Associates and Consultants.
(2) On expiry of the last date for receipt of applications under sub-regulation (1), the Executive Director shall scrutinise the applications in accordance with these regulations and prepare lists of eligible candidates for each discipline and level to be called for interview.
(3) In case the number of candidates in a list of eligible candidates prepared under sub-regulation (2) is more than four times the number of Research Associates or Consultants to be engaged in that discipline and or level, a committee of officers will prepare a short list of candidates based on higher standards of eligibility, as may be approved by the Board, for interview.
(4) For selecting Research Associates and Consultants for each discipline and level, the Board shall constitute a selection committee comprising:
(a) Chairperson or Whole Time Member,
(b) Executive Director or a Senior Officer of the Board, if the position of Executive Director is vacant, and
(c) An External expert.
(5) The selection committee mentioned in sub-regulation (4) shall interview the candidates in the list of eligible candidates prepared under sub-regulation (2) or in the short list of candidates prepared under sub-regulation (3), as the case may be, and based on the interview, submit to the Board a panel of candidates for engagement as Research Associates and Consultants.
(6) On approval of the panel of candidates by the Board, the Executive Director shall inform each candidate in writing by an offer letter of engagement giving not less than ten days' time to accept the offer of engagement.
(7) After receipt of acceptance from the selected candidates as per sub-regulation (7), the Executive Director shall issue a letter of engagement to each candidate giving not less than thirty days' time to join:
Provided that the joining time may be extended by the Executive Director on being satisfied that extension is sought on circumstances beyond the control of the candidate.
### 8. Terms and condition of engagement.
(1) A selected candidate shall be engaged as Research Associates or Consultants on contractual basis for not less than six months and not more two years.
(2) The engagement of a Research Associate or a Consultant may be discontinued by giving one months' notice or one month's salary in lieu of the notice, to the other party.
(3) A selected candidate at the time of joining the Board shall enter into a contract which details the terms and conditions of engagement, including the confidentiality, with the Executive Director acting on behalf of the Board.
(4) The terms and conditions of engagement may be modified, in a specific case, where the Board deems it necessary.
(5) Without prejudice and in addition to the legal remedies available to the Board, the breach of agreement executed under sub-regulation (2) by or on behalf of any Research Associate or Consultant shall be considered a sufficient ground for termination of the engagement made under the contract and may further debar such person from future engagement by the Board.
### 9. Power to relax.
- The Board may relax any of these regulations as may be deemed necessary, after recording the reasons for the same, in the discharge of its functions under the Code.
[Schedule I]
[Substituted by Notification F. No. IBBI/2019-20/GN/REG041, dated 23.7.2019 (w.e.f. 30.1.2017).]
(See regulation 5)
| | |
| --- | --- |
|
Discipline of Research Associate / Consultant
|
Qualifications
|
|
Essential
|
Desirable
|
|
(1) |
(2) |
(3) |
|
a. Economics / Public Policy
|
Post Graduate degree in Economics or Public
Policy from a recognised University or Institution.
|
(a) Consistent high
academic performance;
(b) Doctoral degree
from a reputed University or Institution in Economics or a
closely related area;
(c) Degree / Diploma / Certification in
Regulatory / Business Law / Economics.
|
|
b. Law
|
(i) LL. B or
equivalent from a recognised University or Institution, and
(ii) Qualified to be enrolled as an Advocate in
a Bar Council constituted under the Advocate’s Act, 1961
(25 of 1961).
|
(a) Consistent high
academic performance;
(b) LL. M. / Doctoral
degree from a reputed University or Institution in Law or a
closely related area
(c) Degree / Diploma / Certification in
Regulatory / Business Law / Economics.
|
|
c. Business Management
|
Post graduate degree / Post graduate diploma /
Master of Business Management from a recognised University or
Institute / A Member of the Institute of Chartered Accountants of
India /A Member of Institute of Cost Accountants of India / A
Member of Institute of Company Secretaries of India.
|
(a) More than one of
the qualifications mentioned in the essential column;
(b) Consistent high
academic performance;
(c) Doctoral degree from a reputed University /
Institution in law / management / accounts/ finance / a closely
related area; (d) Degree / Diploma / Certification in Regulatory
/ Business Law / Economics.
|
|
d. Insolvency
|
(i) Qualifications
and experience as required under regulation 5(c) of the
Insolvency and Bankruptcy Board of India (Insolvency
Professionals) Regulations, 2016; and
(ii) Pass in the Limited Insolvency Examination.
|
(a) Consistent high
academic performance;
(b) Degree / Diploma
/ Certification in Regulatory / Business Law / Economics;
(c) Experience as an insolvency professional.
|
|
e. Valuation
|
(i) Qualification and
experience as required under rule 4 of the Companies (Registered
Valuers and Valuation) Rules, 2017; and
(ii) Pass in the Valuation Examination of the
relevant asset class (Land and Building / Plant and Machinery /
Securities or Financial Assets)
|
(a) Consistent high
academic performance;
(b) Degree / Diploma
/ Certification in Regulatory / Business Law / Economics;
(b) Experience as a registered valuer of the
relevant asset class.
|
II
----
(See regulation 5)
| | | |
| --- | --- | --- |
|
Level
|
Experience (Employment / Practice/Research) in
the relevant discipline(Years) |
Consolidated Monthly Remuneration + 10 percent
annual increase
|
|
Level I (Research Associate)
|
< 3
|
Rs.40,000
|
|
Level II (Research Associate)
|
≥ 3 - < 5
|
Rs.60,000
|
|
Level III (Research Associate)
|
≥ 5 - < 10
|
Rs.85,000
|
|
Level IV (Consultant) |
≥ 10 - < 15
|
Rs.110,000
|
|
Level V (Consultant) |
≥ 15
|
Rs.135,000
|
|
65ba47d7ab84c7eca86eae42 | acts |
State of Kerala - Act
-----------------------
Kerala Gift Goods (Unlawful Possession) Act, 1963
---------------------------------------------------
KERALA
India
Kerala Gift Goods (Unlawful Possession) Act, 1963
===================================================
Act 6 of 1963
---------------
* Published in Gazette 6 on 31 January 1963
* Assented to on 31 January 1963
* Commenced on 31 January 1963
Kerala Gift Goods (Unlawful Possession) Act, 1963
[Act No. 6 of 1963]
[st January 1963]
An Act to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organizations.
Whereas it is expedient to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organizations;
Be it enacted in the Thirteenth Year of the Republic of India as follows:
### 1. Short title, extent and commencement
(1) This Act may be called the Kerala Gift Goods (Unlawful Possession) Act, 1963.
(2) It extends to the Whole of the State of Kerala.
(3) It shall come into force at once.
### 2. Definitions
In this Act, unless the context otherwise requires-
(1) "gift goods" means any of the goods specified in Schedule I, supplied, by way of gift, by any relief organisation to any State Government or to the Central Government or to any other person on behalf of such Government;
(2) "relief organization" means any organization specified in Schedule II"
### 3. Unlawful possession of gift goods
If any person is found, or is proved to have been, in possession of any gift goods reasonably suspected of being stolen or unlawfully obtained and cannot account satisfactorily how he came by the same, he shall be punished with imprisonment for a term which may extend to two years or with fine, or with both.
### 4. Offences under the Act to be cognizable
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Central Act 5 of 1898) any offence under this Act shall be deemed to be a cognizable offence within the meaning of that Code.
(2) No court below that of a Magistrate of the First Class shall try any offence under this Act.
### 5. Power to amend Schedules
(1) The Government may, by notification in the Gazette, amend Schedule I by adding the name of any goods in, or omitting the name of any goods from, the said Schedule and thereupon that Schedule shall be deemed to be amended accordingly.
(2) The Government by notification in the Gazette, amend Schedule II by adding the name of any organization in, or omitting the name of any organization from, the said Schedule and thereupon that Schedule shall be deemed to be amended accordingly.
### 6. Notification to be placed before the Legislative Assembly
Every notification issued under this Act shall be laid, as soon as may be, after it is issued, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the notification or decides that the notification should not be issued, or notification shall hereafter have effect, only in such modified form or be of the effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that notification
[See Section 2 (1) ]
---------------------
(1) Milk powder
(2) Butter
(3) Butter Oil
(4) Ghee
(5) Rolled wheat
(6) Bulgur wheat
(7) Cheese
(8) Wheat flour
(9) Cornmeal
(10) Beam
(11) Hydrogenated oil
(12) Soyabean oil
(13) Cotton seed oil
(14) Sunflower oil
(15) Benzyl Benzoate Emulsion
(16) Penicillin
(17) Triasyn Tablets
(18) Ferrous Sulphate Tablets
(19) Sulpha-guanidine Tablets
(20) Trisulfonamide Tablets
(21) Calcium Lactate Tablets
(22) Vitamin A & D Capsules
(23) Piperazine Citrate Tablets
(24) Chlorotetracycline Ointment.
|
65ba88c1ab84c7eca86ebf3c | acts |
Union of India - Act
----------------------
Parts, Components-Standards To Be Followed By Manufacturers
-------------------------------------------------------------
UNION OF INDIA
India
Parts, Components-Standards To Be Followed By Manufacturers
=============================================================
Rule PARTS-COMPONENTS-STANDARDS-TO-BE-FOLLOWED-BY-MANUFACTURERS of 1997
-------------------------------------------------------------------------
* Published on 15 December 1997
* Commenced on 15 December 1997
Parts, Components-Standards To Be Followed By Manufacturers
### 17. /767
### 1. In exercise of the powers conferred by sub-section (3) of section 109 and clause (k) of sub-section (1) of section 110 of the Motor Vehicles Act, 1988 (
59 of 1988
) read with sub-rule (1) of rule 124 of the Central Motor Vehicles Rules, 1989 and in supersession of the notifications of the Government of India in the erstwhile Ministry of Surface Transport (Transport Wing), numbers S.O. 873(E), dated 15th December, 1997, as amended or modified by Notification numbers S.O. 1228(E), dated 18th December, 2001, S.O. 1184(E), dated 7th November, 2002 and S.O. 1306(E), dated 11th December, 2002, the Central Government hereby makes the following specihjing the standards to be used by every manufacturer in the manufacture of a motor vehicle including construction equipment vehicle in relation to their parts, components and assemblies as given in the Table below.
### 2. Save as otherwise provided in this notification, it shall come into force from the date of its publication in the Official Gazette.
TABLE
| | | | |
| --- | --- | --- | --- |
|
Sl.No
|
Parts/Components/Assemblies
|
Standards
|
Date of Commencement/Validity
|
|
(1) |
(2) |
(3) |
(4) |
|
[\*1.
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[Automobile lamps used in motor vehicles including construction equipment vehicles for the following applications:
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[AIS-034/2004
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[1st April, 2005 (For 2 and 3 wheelers)
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
1st October, 2005 (For 4 wheelers)]
|
|
|
(i) [ Head Lights Main and Dip
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(ii) [Parking Light
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(iii) [Direction Indicator Lamp
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(iv) [ Tail Lamp
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(v) [Reversing Lamp
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(vi) [ Stop Lamp
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(vii) [Rear Registration Mark Illuminating Lamp
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
|
(viii) [Top Light]
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
2.
|
Hydraulic Brake Hose wherever used in motor vehicles
|
IS:7090
:1995 as amended from time to time
|
Date of publication of this notification
|
|
3.
|
Hydraulic Brake Fluid wherever used in the motor vehicle
|
IS
: 8654 : 1986 as amended from time to time
|
Date of publication of this notification
|
|
4.
|
'T'
signs, wherever used on Trailers
|
IS
: 9942 : 1981 as amended from time to time
|
Date of publication of this notification
|
|
5.
|
The steering impact requirement
|
IS: 11939: 1996 For the vehicles specified therein, as amended from time to time
|
Date of publication of this notification
|
|
6.
|
Side door impact for all passenger cars
|
IS
: 12009 : 1995 as amended from time to time
|
Date of publication of this notification
|
|
7. [
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
(a) [ Non-plastic fuel tanks of motor vehicles having more than three-wheels:
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
[IS 12056 : 1987 as amended from time to time
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
[Date of publication of this notification
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
|
|
(b) [ Plastic fuel tanks of motor vehicleshaving more than three-wheels
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
[IS-15547-2005
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
[Ist April, 2008]
[Substituted by S.O. 1431(E) , dated 20.8.2007. ]
|
|
8.
|
Wheel rims fitted in all motor vehicles
|
IS 9438: 1980 as amended from time to time
Or IS : 9436 : 1980 as amended from time to time
|
Date of publication of this notification
|
|
9.
|
Control Cables fitted on motor cycles of engine capacity less than 50 cc
|
Clause 4 of IS 10791 : 1983 as amended from time to time
|
Date of publication of this notification
|
|
10.
|
Pneumatic couplings used for connection of brake system between the towing vehicle and the trailer, wherever used
|
IS
: 10792 : 1984 as amended from time to time
|
Date of publication of this notification
|
|
11.
|
The external projection on all motor vehicles other than three-wheelers of engine capacity less than 500 cc and motor cycles
|
IS 13942 : 1994 as amended from time to time
|
Date of publication of this notification
|
|
12.
|
The retention and release of the windows fitted on buses
|
IS 13944 : 1994 as amended from time to time
|
Date of publication of this notification
|
|
13.
|
Wheel guards (mud-guards) used on passenger cars
|
IS
: 13944 : 1994 as amended from time to time
|
Date of publication of this notification
|
|
14.
|
Wheel nuts, wheel disc and hub caps of passenger cars, light and heavy commercial vehicles
|
IS 13941 : 1994 as amended from time to time
|
Date of publication of this notification
|
|
15.
|
The accelerator control system fitted on all motor vehicles other than three-wheelers of engine capacity less than 500 cc motor cycles and tractors
|
IS
: 14283: 1995 as amended from time to time
|
Date of publication of this notification
|
|
16.
|
The door locks and the door retention components fitted on cars and light passenger and commercial vehicles
|
IS
: 14225 : 1995 as amended from time to time
|
Date of publication of this notification
|
|
17.
|
The hood latcj system fitted on passenger cars and commercial vehicles
|
IS 14226: 1995 as amended from time to time
|
Date of publication of this notification
|
|
18.
|
Tell-Tale symbols and controls on twowheelers and three-wheelers vehicles
|
IS : 14413 : 1996 as amended from time to time
|
Date of publication of this notification
|
|
19.
|
Tell-Tale Symbols and control on motor vehicles other than 3 wheeled vehicles with handle bar, 2 wheeled vehicles and tractors
|
Safety Standard No. 12.1
|
Date of publication of this notification
|
|
[20
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[Installation requirement for lighting and
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
[light signalling devices for non-transport and transport vehicles having more than three wheels, and their trailers and semitrailers, subject to the following:
|
[AIS-008/2001
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[13thDecember, 2004
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
(i) [Installation requirement for vertical orientation of dipped beam headlamp;
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[Clause 6.2.6.1 of AIS-008/2001
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[1stOctober, 2005
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
(ii) [Performance requirement of the lighting, light signalling and direction indicator systems;
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[Safety Standard No.15.1
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[13thDecember, 2004 and valid up to 30thSeptember, 2005
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
[AIS-012/2004
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[1stOctober, 2005
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
(iii) [Performance requirement of lighting, light signalling and direction indicator systems of construction equipment vehicles except the requirement of selfcancellation of turn signal indication.
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[Safety Standard No. 15.1
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
[13thDecember, 2004
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
[Exception.-Compliance of Safety Standard No. 15.1 shall not be applicable to agricultural tractor and other special purpose motor vehicles.]
[Substituted by S.O. 451(E) , dated 30.3.2005 (w.e.f. 30.3.2005). ]
|
|
|
|
21.
|
Electromagnetic radiation from all motor vehicles
|
AIS-004/
1999
|
Date of publication of this notification
|
|
22.
|
Towing devices used on motor vehicles, trailers and transport tractors from 2 tons to 35 tons gross mass
|
Safety Standard No. 33.1
|
Date of publication of this notification
|
|
23.
|
The gradeability of every motor vehicle
|
AIS-
003/ 1999
|
Date of publication of this notification
|
|
24.
|
Installation requirements for lighting and light signalling devices for two and threewheelers, and their trailers and semi-trailers
|
AIS-009/2001
|
Date of publication of this notification
|
|
25.
|
(a) Fuel tank for two and three-wheelers except the requirement for permeability test for plastic fuel tank
|
IS
: 14681-1999 as amended from time to time
|
Date of publication of this notification
|
|
|
(b) Requirement for permeability test for plastic fuel tank for two and threewheelers
|
IS
: 14681 : 1999 as amended from time to time
|
1stApril, 2005
|
|
26.
|
(a) The requirements for construction and functional safety of battery operated vehicles manufactured on and after 1st April, 2005, except for insulation resistance in terms of clause 3.2.3 of AIS-038/2003
|
AIS-038/2003
|
1stApril, 2005
|
|
|
(b) for insulation resistance
|
Clause 3.2.3. of AIS-038/2003
|
The date of commencement is to be notified
|
|
27.
|
The measurement of electrical energy conumption for battery operated vehicles manufactured on and after 1st April, 2005
|
AIS-039
|
1stApril, 2005
|
|
28.
|
The method of measuring range for battery operated vehicles manufactured on and after 1st April, 2005
|
AIS-040/2003
|
1stApril, 2005
|
|
29.
|
The measurement of net power and the maximum thirty minute power and speed for battery operated vehicles manufactured on and after 1st April, 2005
|
AIS-041
/2003
|
1stApril, 2005
|
|
30.
|
The type approval of battery operated vehicles manufactured on and after 1st April, 2005 except for-
|
AIS-049/2003
|
1stApril, 2005
|
|
|
(i) EMI test in the frequency range 9 kHz to 30 kHz, and
|
Clause 2 of Annexure D of AIS-049/2003
|
The date of commencement is to be notified
|
|
|
(ii) Conducted emission for battery operated vehicle
|
Clause 3 of Annexure D of AIS-049/2003
|
The date of commencement is to be notified.
|
|
31.
|
Tests for fuel consumption for the vehicles manufactured on and after 1stApril, 2005,-
|
|
|
|
|
(a) Two and three-wheelers and four wheeled vehicles with gross vehicle Weight up to 3.5 tonnes, where the emission tests are conducted on chassis dynamometer;
|
Measurement on the basis of driving cycle used for emission testing as per the carbon balance method alongwith emmission testing
|
1stApril, 2005
|
|
|
(b) Constant speed fuel consumption test for other four-wheeled vehicles
|
IS: 11921: 1993 as amended from time to time, at the constant speeds: Light motor vehicles-50 km/h Medium and heavy motor vehicles 40 km/h and 60 km/h
|
1stApril, 2005
|
|
32.
|
The performance requirements for lighting and light signalling devices for twowheelers, three-wheelers and their trailers and semi-trailers manufactured on and after 1st April, 2005
|
AIS-010/2004
|
1stApril, 2005
|
|
33.
|
The spray suppression devices for automotive vehicles manufactured on and after 1st April, 2005
|
AIS-013/2004 for the vehicles specified therein
|
1stApril, 2005
|
|
34.
|
(a) The driver's field of vision of motor vehicles of M1 category manufactured on and after 1st April, 2007 except in case of model M1 category;
|
AIS-021
/2004
|
1st April, 2007
|
|
|
(b) .In the case of new models of M1 category
|
AIS-021/2004
|
1st April, 2006
|
|
35.
|
(a) The survival space for the protection of occupants in a cab of a vehicle manufactured on and after 1st April, 2008
|
AIS-029/2004 for the vehicles specified therein
|
1st April, 2008
|
|
|
(b) .
In the case of such cab supplied by the OE manufacturer
|
AIS-029/2004
|
1st April, 2007
|
|
36.
|
The strength of superstructure of passenger vehicles
|
AIS-031/2004 for the vehicles specified therein
|
1st April, 2007
|
|
37.
|
The flammability requirements for the automotive vehicles manufactured on and after 1st October, 2005
|
IS
: 15061 : 2002 as amended from time to time
|
1st October, 2005
|
|
38.
|
(a) The interior fittings on automotive vehicles of Ml category manufactured on and after 1st April, 2006
|
IS
: 15223: 2002 as amended from time to time
|
1st April, 2006
|
|
|
(b) .
In the case of new models of Ml category
|
IS
: 15223: 2002 as amended from time to time
|
1st April, 2005
|
|
39.
|
The requirements for the windscreen wiping system for three-wheelers manufactured on and after 1st April, 2005
|
AIS-045:2004
|
1st April, 2005
|
|
40.
|
The interior noise level requirements for the vehicles for transport vehicles of M2, M3, N2 and N3 category manufactured on and after 1st April, 2005
|
AIS-020/2004
|
1st April, 2005
|
|
41. [
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[Requirements for bumpers fitted on MI category of vehicles
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[AIS
: 006-2005, as amended from time to time
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[1st April, 2008
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
|
42. [
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[Requirements for handholds fitted on L5, M and N categories of vehicles specified in the standard
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[AIS
: 046-2005, as amended from time to time
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[1stApril, 2008
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
|
43. [
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[Requirements for light alloy wheel rims, sheet metal wheel rims and spoke wheel rims, fitted on L category vehicles
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[AIS
: 073-2005, (Part 1 to Part 3) as amended from time to time
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[1stApril, 2008
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
|
44. [
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[Protective devices against unauthorised use
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
[for L category vehicles
|
[AIS
: 074-2005, as amended from time to time
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[1stApril, 2008
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
|
45. [
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[The arrangement and mode of operation of foot controls on M1 category of vehicles
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[AIS: 035-2006, as amended from time to time
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
[1stApril, 2008]
[Inserted by S.O. 1431(E) , dated 20.8.2007. ]
|
\*Fresh Type Approval/revalidation of existing Type Approval would be required for new items.
|
65ba0834ab84c7eca86ea83f | acts |
State of Andhra Pradesh - Act
-------------------------------
The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989
-----------------------------------------------------------------------
ANDHRA PRADESH
India
The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989
=======================================================================
Rule THE-ANDHRA-PRADESH-RIGHTS-IN-LAND-AND-PATTADAR-PASS-BOOKS-RULES-1989 of 1989
-----------------------------------------------------------------------------------
* Published on 8 June 1989
* Commenced on 8 June 1989
The Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989
Published vide G.O.Ms.No. 570, Revenue (D.O.A. & R) dated 8-6-1989, Published in R.S. to Part 2, Andhra Pradesh Gazette (Extraordinary) , dated 9-6-1989.
In exercise of the powers conferred by sub-section (1) of Section 11 of the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Act, 1971 (Act
26 of 1971
) and in supersession of the Andhra Pradesh Record of Rights in Land Rules, 1978 issued in G.O.Ms.No. 1516, Revenue Department, dated the 16th September, 1978 and published at pages 1 to 15 of Extraordinary of the Andhra Pradesh Gazette dated 16th September, 1978; the Governor of Andhra Pradesh hereby makes the Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Rules, 1989, the same having been published previously at pages 1 to 120 of the Rules Supplement to Part II, Extraordinary of the Andhra Pradesh Gazette, dated the 9th May, 1989 and after considering the suggestions received from different quarters as required under sub-section (1) of Section 11 of the said Act.
Rules
### 1. Short title, extent and commencement:
(1) These Rules may be called the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O. Ms.No. 36,Revenue, dated 15-1-1994. ]
and Pattadar Pass Books Rules, 1989.
(2) They shall extend to all the areas where the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms. No. 36, Revenue, dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971 is in force.
### 2. In these rules, unless the context otherwise requires,-
(a) "Act" means the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O. Ms.No. 36,Revenue, dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971;
(b) "Section" means a section of the Act;
(c) "Form" means the form appended to these rules;
(d) [ \*\*\*]
[Omitted by G.O.Ms. No. 271, dated 1.7.2016.]
(e) "Mortgagee" means the transferee of a mortgage as defined in the Transfer of Property Act, 1882;
(f) [ 'Khatadar' means any person having a khata number or account number to pay Land Revenue. Every person in actual possession of land, other than a tenant or a usufructuary mortgagee shall pay land revenue on it into a khata number assigned to him;]
[Substituted by ibid ]
(g) [ 'Record of Rights' means in respect of owners title of land and m respect of other rights and interests in land]
[Substituted by G.O.Ms.No. 36, Revenue dated 15-1-1994. ]
.
(h) 'Amendment and maintenance of record of rights in lands' means and includes the amendments to the record of rights under [Sections 3(3), 5, 8(2) and 9 of the Act.]
[Substituted for the expression 'Sections 3(3) and 5 of the Act' by ibid. ]
### 3. [ Form of Record of Rights:
[Substituted by G.O.Ms. No. 271, dated 1.7.2016.]
- The Record of Rights shall be prepared initially in From-I and subsequently maintained in From-I B for every separate Revenue Village.]
### 4. Procedure for preparation of Record of Rights and updating of the Record of Rights:-
(i) The record of rights in Lands in the village shall be prepared in the manner hereinafter provided.
(ii) The Commissioner shall issue whenever necessary a notification to make the Record of Rights upto date for the entire State or such area or areas and from such date or dates by notification in the Andhra Pradesh Gazette. The said notification shall also be published in two daily newspapers circulating in the State of which at least one shall be in the Telugu language.
### 5. The Recording Authority shall as soon as may be after the commencement of the Act for the first time and whenever a notification has been issued by the Commissioner to make the Record of Rights up to date in the area in which a village is situate cause to be published separate notices:-
(a) [ (i) declaring his intention of preparing a record of rights in lands in the village for the first time, or declaring the intention consequent on the issue of a notification by the Commissioner to make the record of rights up to date in the village by updating the registry of holdings and by splitting up of joint patters etc.]
[Substituted by G.O.Ms No. 36, Revenue, dated 15-1-1994. ]
(ii) declaring his intention consequent on the issue of a notification by the Commissioner to make the record of rights up to date in the village;
(iii) by updating the registry of holdings by splitting up of joint pattas etc.;
(b) calling upon all persons claiming any interest in any land in the village to furnish either through the village assistant concerned or directly:
(i) a statement in writing in duplicate in Form 1-A showing the particulars of the lands in which an interest is claimed; and
(ii) the nature of such interest on or before a specified date to be indicated in the notice not being earlier than fifteen days from the date of publication thereof; and
(iii) if a person has interest in lands in more than one village in a Mandal or in more than one Mandal in a District, he shall file his claim in Form I-A in triplicate giving the particulars of all the lands in which an interest is claimed Mandalwise and village wise and where a person has interest in lands in only one village, he shall append a certificate to the claim in Form I-A that he does not have interest in lands in any other village in the District;
(c) declaring also his intention to hold an enquiry in respect of the above matter in the village on a date to be specified in the notice in this behalf not being earlier than twenty-two days from the date of publication of the notice and calling upon all persons interested to appear before him at the said enquiry on the date so specified.
(2) The notice referred to in sub-rule (1) shall be Form II and shall be published in the District Gazette of the District in which the village is situate and also in the following manner namely-
(a) by affixture in the chavidi or if there is no chavidi, in any other conspicuous place in the village;
(b) by affixture on the notice boards of the Gram Panchayat Office, Primary Co-operative Agricultural Credit Society or School, if any, in the village;
(c) by beat of tom tom in the village;
(d) by affixture on the notice board of the office of the Mandal Revenue Officer having jurisdiction over the village; and
(e) by affixture on the notice board of the office of the Mandal Praja Parishad in which the village is situated.
### 6. (1) The Recording Authority shall arrange for the receipt of the statement of claims submitted in response to the notice referred to in Rule 5 and shall also arrange for acknowledging the statement of claim on the duplicate, triplicate copy of claims statement and shall, on the date specified in the notice in this behalf, proceed to and hold an inquiry in the village. A Register shall be maintained in Form No. II-A for the claims received in response to the notice in the Form No. II.
(2) During the enquiry referred to in sub-rule (1) the Recording Authority shall:
(a) receive further statements of claims in writing that may be submitted to him;
(b) hear any oral representation made in respect of any claim and make a summary record of such representation; and
(c) examine the relevant registers, records and accounts already maintained in respect of the lands in the village for the purpose of collection of land revenue or otherwise.
### 7. (1) The Recording Authority holding an enquiry under Rule 6 may, if he so thinks fit, adjourn the enquiry to a later date or dates.
(2) Every such adjourned enquiry shall be held in the village and the date or dates to which the enquiry is adjourned shall be announced in public by the Recording Authority himself at the time of adjournment on the day on which the enquiry could not be taken up or finished.
### 8. During the course of the enquiry referred to in Rule 6 above the Recording Authority may, if he considers it expedient:
(a) summon the attendance of any person for the purpose of examining him;
(b) require any person to produce any document believed to be in his possession; and
(c) enter upon, inspect and measure or cause to be measured any land.
### 9. (1) (a)
After due completion of enquiry, referred to in Rule 6 of the Recording Authority shall pass orders in respect of-
(i) all cases requiring change of Registry necessitated by the death of registered holder i.e., succession by heirship, if succession is not disputed. With regard to the entry of the names of the heirs, the names of all the heirs entitled to shares in the property should be registered;
(ii) all cases requiring change of registry necessitated by sale, gift, etc., through regisered documents, if there is no dispute. In all cases of absolute transfer of title, the Registry of a holding should be altered to correspond with the transfer of its ownership. Where the Registered holder is not a party to a registered transaction, the registered holder should be enquired. The parties involved in a transfer should be connected by a complete chain of registered documents. Unregistered documents are not admissible as evidence in this enquiry to prove the ownership or title of the property. Where the chain is- not complete, no transfer of registry shall be done. Such cases shall be referred to the Mandal Revenue- Officer, for disposal after confirmation of the Record of Rights- for the villages;
(iii) All cases requiring splitting of joint pathas which dumeitinvolve any dispute. joint pattas held by a Hindu Joint Family shall not be split up unless the family request for it in writing. The Recording Authority shall enquire the joint Pattadars and after enquiry, by order, determine the share of land of each pattadar in the joint holding. The shares of the land shall be sub-divided in due course and the cost of sub-division recovered from the pattadars in proportion of their shares. After the confirmation of the Record of Rights, a person excepting a Hindu Joint Family in a village shall have- only one patta for all his lands in the village as far as, it is practicable. Joint Patter cases in which there is a dispute shall be referred to the Mandal Revenue Officer after confirmation of the Records of Rights for the village;
(iv) No order shall be passed for the change of Registry or splitting of joint pattas, unless the recording authority is satisfied that the change of Registry or splitting of joint patta is not in contravention of any of the provisions of:
(1) The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act
1 of 1973
);
(2) The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976);
(3) The Andhra Pradesh Assigned Land (Prohibition of Transfers) Act, 1977 (
9 of 1977
);
(4) [x x x]
[Omitted by G.O.Ms.No. 36, Revenue dated 15-1-1994. ]
;
(5) [x x x]
[Omitted by G.O.Ms.No. 36, Revenue dated 15-1-1994. ]
;
(6) The Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (1 of 1959);
(7) [x x x]
[Omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ]
;
(8) [x x x]
[Omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ]
;
(9) [x x x]
[Omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ]
.
(b) [(i)After due completion of enquiry referred to in Rule 6 the Recording Authority shall also pass orders for registering the names of claimants in respect of all cases of claims of]
[Clause b(i) renumbered as Clause (b), Clause (b)(ii) has been omitted by ibid.]
[tenancy, mortgage and occupancy]
[Substituted for the words 'tenancy and mortgage' by ibid. ]
where there is no dispute.
(c) (i)
All disputed cases of transfer of registry, splitting of joint pattas, registering the names of [tenants, mortgagee and occupants]
[Substituted for the words 'tenants and mortgagees' by G.O.Ms. No. 36, Revenue, dated 15-1-1994. ]
shall be submitted by the Recording Authority after the confirmation of the Record of Rights to the Mandal Revenue Officer for disposal in due course.
(ii) In respect of cases falling under Rule 9(1)(a)(i), the Mandal Revenue Officer shall hold a summary enquiry as to who has the right to succeed to the property of the deceased registered holder, according to the principles of the Law of Succession which govern the case and give notice to all persons known or believed to be interested to the effect that the registry will be made in the name of the person found to be entitled, unless a declaration if filed, within three months from the date of the notice, by any person objecting to the registry, stating that he has instituted a suit in a Civil Court to establish his superior title and an authenticated copy of the plaint in the suit is produced. If no declaration is filed, the registry should be made as stated in the notice, at the expiration of three months. If a declaration is filed, the result of the suit should be awaited before taking further action.
(iii) In respect of cases falling under Rule 9(1)(a)(ii) if the chain is not complete, the Mandal Revenue Officer can consider other evidence such as statements of respective ryots, kist receipts etc., and take decision. One month's time shall be allowed for filing objections if any, and an enquiry be held in respect of the same. Thereupon, transfer of registry shall be ordered unless the objection is found to be valid.
(iv) No order shall be passed by the Mandal Revenue Officer for the change of registry, splitting of joint pattas, recording the names of Tenants and Mortgagees in possession, unless he is satisfied that the change so ordered is not in contravention of any of the provisions of the Acts referred to in Rules 9 (1)(a)(iv) [x x x]
[The expression 'and 9(1) (b)(ii)' omitted by ibid. ]
.
(2) After the passing of the orders under sub-rule 1(a) or 1(b), the Recording Authority shall prepare or cause to be prepared a Draft Record of Rights/Draft Record of Rights made up-to-date in land in the Village in Form I and such draft Record of Rights shall be kept in the custody of Village Assistant in the Office.
### 10. (1) The Recording Authority shall thereafter cause to be published a notice to the effect:
(a) (i)
that the Draft Record of Rights has been prepared for the village for the first time; or
(ii) that the Draft Record of Rights made up-to-date has been prepared for the village;
(b) that the said record has been kept in the custody of the Village Assistant of the village that it may be inspected of all reasonable times by any person [x x x]
[The words 'Claiming any interest in the lands in the village' omitted by G.O.Ms.No. 36, Revenue, dated 15-1-1994. ]
;
(c) that all persons claiming to rectify any omission or error in the said record should furnish a statement in writing relating to their claims on or before a date to be specified in the notice in this behalf not later than fifteen days from the date of publication thereof; and
(d) declaring his intention to hold a Grama Sabha to read out the Draft Record of Rights or Draft Record of Rights made up-to-date on a date to be specified in the notice in this behalf not later than twenty-two days from the date of publication thereof and calling upon all residents of the village to attend the Grama Sabha and make claims and objections;
(e) declaring his intention to hold an inquiry, into claims and objections received under Clauses (c) and (d) above at the village on a date to be specified in the notice in this behalf not later than forty days from the date of publication thereof and calling upon all persons interested to appear before him at such enquiry.
(2) The notice referred to in sub-rule (1) above, shall be in Form III and shall be published in the manner specified in Clauses (a) to (e) of sub-rule (2) of Rule 5.
(3) Any oral claims and objections received at the Gram Sabha shall be reduced to writing by the Recording Authority and the same shall be considered at the proposed enquiry.
(4) All claims and objections to the entries in the Draft Record of Rights published shall be submitted in duplicate in Form III-(A). The receipt of the claim/objection shall be acknowledged in the duplicated copy. A register shall be maintained in Form III-B for the claims and objections received in Form III-A in response to the notice in Form III.
### 11. (1) The Recording Authority shall receive the statement submitted in respect of any claim of rectification or error or omission in the Draft Record of Rights or Draft Record of Rights made up-to-date published and shall arrange for immediate sub-division work wherever felt necessary before the date specified for enquiry. He shall proceed to the village on the dates specified in the notice and hold an enquiry into all the claims received.
(2) The provisions of Rules 7 and 8 shall apply to the enquiry referred to in sub-rule (1) above.
(3) On the completion of the enquiry, the recording authority shall determine whether or not the Draft Record of Rights required to be altered in the consequence of any such claim for rectification of an error or omission in the said record and make a summary order accordingly:
Provided that no such order altering the Draft Record of Rights shall be made adversely affecting the rights of any person whose name has been entered in the Draft Record of Rights as having an interest in the land in respect of the entry relating to which the alteration is proposed without giving a reasonable opportunity of making a representation in this behalf.
(4) The Recording Authority shall not pass any order under sub-rule (3) above without obtaining the orders of the Special Deputy Tahsildar appointed for the purpose of the Mandal Revenue Officer concerned.
(5) The orders referred to in the above sub-rules shall not be contravention of any of the provisions of the Acts referred to in Rule 9(1)(a)(iv) and [x x x]
[The expression 'Rule 9(1) (b)(ii)' omitted by G.O.Ms. No. 36, Revenue, dated 15-1-1994. ]
.
### 12. (1) If, at any time, before the completion of the enquiry referred to in Rule 11 above, the Recording Authority has reasons to believe that any entry made in the Draft Record of Rights requires to be altered in any manner he may make such alteration:
Provided that no such alteration shall be made without giving any person whose name is entered in the Draft Record of Rights as having any interest in the land in respect of the entry relating to which the alteration is proposed of making a representation in that behalf.
(2) Recording Authority shall pass orders under the sub-rule (1) above only after obtaining the orders of the Special Deputy Tahsildar appointed for the purpose, or the Mandal Revenue Officer concerned.
(3) The orders referred to in the above sub-rules not be in contravention of any of the provisions of the Acts referred to in Rules 9(1)(a)(iv) and [x x x]
[The expression 'Rule 9(1) (b)(ii)' omitted by G.O.Ms. No. 36, Revenue, dated 15-1-1994. ]
.
### 13. (1) After the completion of enquiry referred to in Rule 11 above, the Recording Authority shall confirm the Draft Record of Rights in the village or the Record of Rights brought up-to-date subject to the alterations if any made in pursuance of the orders passed in Rule 11 or Rule 12, and the Draft Record of Rights or the Record of Rights made up-to-date so confirmed shall be the Record of Rights in lands in the village.
(2) The Mandal Revenue Officer, the Revenue Divisional Officer, and the Deputy Collector (Record of Rights) the District Revenue Officer, the Collector of the District, [and any officer designated by the Collector for this purpose]
[Substituted by G.O.Ms. No. 17, Ref. D.O. (A & R), dated 12-1-1990. ]
in exercise of their general powers of supervision, shall be competent, suo motu, to test and revise the entries in the confirmed Record of Rights provided that no revision shall be made without giving any person whose name is entered in the Record of Rights, as having any interest in the land in respect of the entry relating to which the alteration is proposed of making a representation in that behalf. Before making any revision an Officer shall obtain the approval of his immediate superior officer. IT the entry, in the Record of Rights was made or confirmed by an Officer of the same rank.
(3) [x x x]
[Deleted by Memo. No. 120010/D.O. (A&R)/88-2, Revenue, (A&R), dated 8-8-1989. ]
### 14. (1) The fact of completion of the preparation of the Record of Rights for the first time or the fact of completion of the Record of Rights made upto date in any village shall be notified in the Andhra Pradesh Gazette or the District Gazette as in Form IV.
(2) The notification referred to in sub-rule (1) shall also be published in the manner specified in sub-rule (2) of Rule 5.
(3) Within fifteen days of the confirmation of the Record of Rights prepared for the first time or the Record of Rights made up-to-date, the Recording Authority shall hold a Gram Sabha at which the confirmed Record of Rights ,hall be read out for the information of those present.
(4) The new sub-divisions, as shown in the confirmed Record of Rights shall be measured and mapped in the concerned records as per the procedure laid down and the fee shall be recoverable from the concerned ryots as arrears of land revenue. The extent noted in respect of each part of survey number of each sub-division on the Record of Rights Register, shall be subject to correction, wherever necessary after the completion of measurement of the new sub-division.
[14A. (1) After the publication of the notification in Form IV, the Mandal Revenue Officer shall arrange to recast the information in Form-I into Form I-B and authenticate the entries in respect of each person. If for any reason the confirmation of the Record of Rights in any village under sub-rule (1) of Rule 13 or the issue of notification as in Form N, in respect of any village is held up, then the Collector may, by a special order, authorise the Mandal Revenue Officer in whose jurisdiction the village is situated to get the register in Form I-B prepared for the village excluding the Survey numbers/sub-division numbers for which claims in Form III-A are received. The register in Form B so prepared, shall be test checked and shall also be read out in a Grama Sabha, the entries in the register shall be authenticated by the Mandal Revenue Officer]
[Substituted by G.O.Ms.No. 17, Revenue, A & R, dated 12-1-1990. ]
.
(2) After the preparation of the register in Form I-B, the Mandal Revenue Officer shall arrange to get the [title deeds and Pass Books]
[Substituted for the expression'Pattadar Pass Books' by G.O.Ms. No. 32, Revenue, A & R, dated 15-1-1994. ]
prepared with reference to the entries in Form I-B and deliver the same to the persons concerned in a Gram Sabha [convened with a previous notice in Form N-A of at least seven days. The notice shall be published as per Clauses (a) to (e) of sub-rule (2) of Rule 5.]
[Substituted by G.O.Ms. No. 362, Revenue A & R, dated 26-4-1991. ]
(3) On receipt of an application from any person for a [title deed and Pass Book]
[Substituted for the word 'Pass Book' by G.O.Ms.No. 32, Revenue A & R, dated 15-1-1994. ]
for any land in any capacity such as pattadar, owner, mortgagee, tenant etc., the Mandal Revenue Officer shall cause an enquiry to be made whether the applicants name is recorded in the Register of Record of Rights in land, prepared in Form I and Form I-B and if he is satisfied that the applicant is eligible will issue to him a [tide deed and Pass Book]
[Substituted for the word 'Pass Book' by G.O.Ms.No. 32, Revenue A & R, dated 15-1-1994. ]
. If the applicant is not eligible for a [title deed and Pass Book]
[Substituted for the word 'Pass Book' by G.O.Ms.No. 32, Revenue A & R, dated 15-1-1994. ]
, the Mandal Revenue Officer shall inform the decision to him.
Rectification of Entries in Record of Rights
### 15. (1) Every application for the rectification of an entry in a Record of Rights made under sub-section (3) of Section 3 of the Act shall be to the Mandal Revenue Officer of the Mandal in which the village is situated.
(2) Every application made under sub-rule (1) above, shall be accompanied by a certified copy of the entry from the Record of Rights which is sought to be rectified and the grounds for such rectification.
(3) The Mandal Revenue Officer, may within a period of one year as provided in sub-section (3) of Section 3 of the Act on his own accord initiate proceedings for correction of any mistake in the Record of Rights which he discovers himself or which is reported to him by any other Revenue Officer.
### 16. (1) On receipt of an application for the rectification under Rule 15, read with sub-section (3) of Section 3 of the Act, within a period of one year from the date of notification of the Record of Rights prepared for the first time or Record of Rights made up-to-date in the village under sub-section (2) of Section 3 of the Act, the Officer referred to in Rule 15 shall hold an enquiry after giving notice thereof to:
(a) the person making the application;
(b) any person referred to in the application as having right or interest or as not having such right or interest in the lands to which the entry relates;
(c) any person whose name has been entered in the Record of Rights as having interest in the land; and
(d) any other person known or believed to be having an interest in the land to which the entry relates.
(2) The notice referred to in sub-rule (1) shall be in Form V.
### 17. (1) During the enquiry referred to in Rule 16 above, the said Officer shall take into account any written representation received or any oral representation made by any person referred to in Rule 16, or any other persons having interest in the matter and may:
(a) summon the attendance of any person for the purpose of examining him;
(b) require any person to produce any document; or
(c) enter upon, inspect and measure or cause to be measured any land.
(2) On the completion of the enquiry referred to in Rule 16, the said Officer shall give his decision on the application for rectification of an entry and direct such rectification of the Record of Rights as may be required in accordance with such decision to be made. The decision shall be intimated to all the persons referred to in sub-rule (1) of Rule 16.
(3) All applications for the rectification of an entry shall be disposed of by the Mandal Revenue Officer, within a period of 90 days from the date of filing an application.
(4) The orders referred to in the above sub-rules shall not be in contravention of any of the provisions of the Acts referred to in Rule 9(1)(iv) and [x x x]
[The expression 'and 9(1) (b)(ii)' omitted by G.O.Ms. No. 36, Revenue dated 15-1-1994. ]
.
Maintenance of Record of Rights
### 18. (1) Maintenance of Record of Rights includes
(a) correction of entries in pursuance of orders passed under Rule 17 above; and
(b) incorporation of all mutations in the respective entries in pursuance of orders passed under Section 5 of the Act.
(2) [ The intimation of acquisition of rights under Section 4(1) by any individual shall be in Form VI-A either at a citizen Service Centre (eg. MeeSeva Centre) or Online (as and when the facility is available). An acknowledgment shall be given to the individual. Registering Officer of Registration Department shall send intimation to the Tahsildar under Section 4(2) electronically by transferring the data to the electronically maintained Record of Rights on real time basis. The intimation by the Revenue Officer responsible for preparation of village Records as per Section 4(3) shall in Form VI-D.]
[Substituted by G.O.Ms. No. 271, dated 1.7.2016.]
(3) (a)
The [Mandal Revenue Officer]
[Substituted for the words 'Recording Authority' by ibid. ]
shall maintain for every village a separate. Register containing the abstract of the intimations received under Section 4 of the Act. The orders passed under sub-sections (3) and (5) of Section 5 of the Act, either making an amendment or refusing to make such an amendment shall be maintained in Form VII.
(b) Before any order is passed by the [Mandal Revenue Officer]
[Substituted for the words 'Recording Authority' by ibid ]
either making an amendment in the Record of Rights or refusing to make such an amendment, the procedure prescribed in Section 5 of the Act shall be followed.
(c) Orders on all intimations shall be passed within a period of six months from the date of receipt of an intimation.
(d) [ If the order is as per the request made in the intimation or where no order is passed within the stipulated period, the draft amendment to From-I-B, copy of which was enclosed to the notice in Form VIII shall become final automatically in the electronically maintained Record of Rights.
[Added by G.O.Ms. No. 271, dated 1.7.2016.]
(e) If the order is in variance to the draft amendment to Form I-B, the draft shall be suitably modified in the electronically maintained Record of Rights as per the order.]
(4) Discharge letters from the credit agencies shall be acknowledged by the Mandal Revenue Officer and treated as intimation of acquisition/loss of right under Section 4, if it contains all the details prescribed in Form VI-A.
### 19. [(1) The notice referred to in sub-section (3) of Section 5 of the Act shall be in Form VIII generated electronically. A copy of the draft amendment to From I-B, generated electronically, as per the intimation received shall be enclosed to the notice. While preparing the draft amendment to From I-B, the Procedure for notation of new sub-divisions notionally given in Para 15 of BSO-34A, extracted alongwith illustration in the Annexure, shall be followed.]
[Substituted by G.O.Ms. No. 271, dated 1.7.2016.]
(2) Such notice together with a copy of the amendment shall also be published in the manner specified in Clauses (a) to (e) of sub-rule (2) of Rule 5.
### 20. (1) During the enquiry referred to in sub-section (3) of Sec. 5 of the Act, the [Mandal Revenue Officer]
[Substituted for the words 'Recording Authority' by G.O.Ms. No. 36, Revenue dated 15-1-1994 ]
shall take into account the representations or objections written or oral made in this behalf by the persons referred to therein to whom the notice has been given or by any other person interested in the matter and may, if he considers necessary-
(a) summon the attendance of any person for the purpose of examining him;
(b) require the production of any document; or
(c) enter upon, inspect and measure or cause to be measured any land.
(2) In taking a decision on the intimation of acquisition of right, the [Mandal Revenue Officer]
[Substituted for the words 'Recording Authority' by G.O.Ms No. 36, Revenue dated 15-1-1994. ]
shall be guided by the principles/procedures laid down in Rule 9 above.
### 21. (1) An appeal against every order of the [Mandal Revenue Officer]
[Substituted for the words 'Recording Authority' by G.O.Ms.No. 36, Revenue dated 15-1-1994 ]
either making an amendment in the Record of Rights or refusing to make such amendment shall lie under sub-section (5) of Section 5 of the Act, to the Revenue Divisional Officer/Sub-Collector/Assistant Collector or such authority as may be notified by the Commissioner.
(2) Every appeal referred to in sub-rule (1) shall be in writing and shall set forth concisely the grounds thereof within a period of sixty days from the date of communication of the order and shall be accompanied by a copy of the order appealed against.
(3) Every appeal referred to in sub-rule (2) above, shall bear a Court-fee stamp of rupees five only.
### 22. Regularisation of certain alienation or transfers of land:
(1) The Mandal Revenue Officer shall issue a general Notification in Form No. IX, calling for applications from the persons who are recorded as occupants in Adangal/Pahani Patrika or ir. Record of Rights prepared earlier by virtue of an alienation or transfer made or effected otherwise than by registered document for declaring such alienation as valid. Such notification shall be published in the District Gazette in which the village is situated and also in the following manner, namely-
(i) by affixture in the chavadi or if there is no chavadi, in any other conspicuous place of the village;
(ii) by affixture on the notice boards of the Gram Panchayat office, Primary Agricultural Co-operative Society and school if any;
(iii) by beat of tom tom in the village;
(iv) by affixture on the notice board of the Mandal Revenue Officer having jurisdiction over the village; and
(v) by affixture on the notice board of office of the Mandal Praja Parishad in which the village is situated.
(2) The alienee or transferee shall.file application in Form 'X' on or before 31-3-2008 on the notification issued under sub-rule (1), to the Mandal Revenue Officer:
Provided, that:
[(a) the Alienation/Transfer took place before 31-12-2000 and not Agricultural Lands located in Urban areas covered by Mandal Head Quarters, District and State Head Quarters and Municipalities, Municipal Corporations and Urban Agglomerations;
(b) the Alienation/Transfer is regarding Agricultural land in Rural Areas; and
(c) the Transferee/Alienee is a Small/Marginal Farmer.
Explanation:
### 1. Small Farmer means a person having agricultural land up to 2.5 Acres of Wet or 5 Acres of dry Land. ###
2. Marginal farmer means a person having Agricultural land up to 1.25 Acres of Wet or 2.5 Acres of dry Land.
Provided that it shall not apply to the alienation's or transfers made in contravention of the provisions of the Acts specified in the proviso to sub-section (2) of Sec. 5-A of the A.P. Rights in Land 'and Pattadar Pass Book Act, 1971]
[Substituted by G.O.Ms.No. 826,Revenue(S.S.I). dated 1-7-2008. ]
.
(3) On receipt of the application under sub-section (2) of Section 5-A of the Act, the Mandal Revenue Officer shall issue notice to the alienor or transferor in Form No. XI specifying therein the date on which and the time at which he proposes to enquire into the application. He shall also cause to issue a notice in Form No. XII to all other persons believed to be interested in the land specifying therein, date, time and place at which he proposes to enquire into the application. Only unregistered documents shall be considered under Section 5-A of the Act.
(4) On the day so appointed or any other day to which enquiry may be adjourned by him, the Mandal Revenue Officer shall after hearing the parties and on examining their documents and witnesses, if any, and after taking such further evidence as he may consider necessary to satisfy himself that the alienation or transfer is not in contravention of any of the provisions of the Acts referred to in Rule 9(i)(a)(iv) complete the enquiry.
(5) (i)
After completion of the enquiry under sub-rule (4) above, the Mandal Revenue Officer shall require the alienee or the transferee under Section 5(A) of the Act, to deposit through a challan in the treasury an amount equal to the registration fees and stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Indian Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer in Form No. XIII-A, on the basis of the value of the property arrived, within the time fixed by the Mandal Revenue Officer, not exceeding one month from the date of the communication and receipt of the order:
Provided that in case the Mandal Revenue Officer considers it expedient he may grant further extension of time.
(ii) On the deposit of the amounts through a challan in the treasury as under Cl. (i), the Mandal Revenue Officer shall issue a certificate in Form No. XIII-B as required under sub-section (4) of Sec. 5-A of the Act to the alienee or the transferee declaring that alienation or transfer is valid from the date of issue of certificate.
(iii) A copy of every such certificate shall be communicated in Form XIII-C by the Mandal Revenue Officer to the Sub-Registrar having jurisdiction over the area in which the land in respect of which the Certificate has been granted is situate and the Sub-Registrar shall file the certificate in the relevant registration records and index them after ensuring collection of registration fee and stamp duty from the party under Clause (1).
(6) The Recording Authority shall on production of the certificate issued under sub-section (4) of Section 5-A of the Act make an entry in the Record of Rights in Forms 1 and 1B to the effect that the person whose name has been recorded as an occupant is the owner of the property from the date of the issue of the said certificate. The Recording Authority and the Mandal Revenue Officer shall make necessary entries in the Record of Rights in land in Forms 1 and 1B under proper attestation and referencing to files of the Mandal Revenue Officer.
(7) Thereafter a [title deed and pass book]
[Substituted for the words 'Pass Book' by G.O.Ms.No. 36, dated 15-1-1994. ]
shall be issued to the occupant in the category of owner-pattadar.
[22A. (1) An appeal against every order of the Mandal Revenue Officer under sub-section (4) of Section 5-A of the Act shall lie to the Revenue Divisional Officer/Sub-Collector/Assistant-Collector.
(2) Every appeal referred to in sub-rule (1) shall be in writing and shall set forth concisely the grounds thereof within a period of sixty days, from the date of communication of order and shall be accompanied by a copy of the order appealed against.
(3) Every appeal referred to in sub-rule (1) above shall bear a Court-fee stamp of rupees five only.
(4) Every appeal shall be disposed of within a period of six months from the date of filing the appeal.]
[Added by ibid. ]
### 23. (1) Every revision shall be in writing and set forth concisely the grounds thereof and shall be accompanied by a copy of the order or proceeding against which revision is sought. The revision petition shall bear a Court-fee stamp of rupees five only.
(2) In case, a suo motu revision is initiated, the grounds on which the revision is [initiated]
[Corrected by Memo No. 120010/D.O.(A&R)/88-2, Revenue (A&R) 8-8-1989. ]
shall be communicated to the person or persons likely to be adversely affected.
(3) In case it appears to the Collector on examination that any such record, order or proceeding should be amended modified, annulled, reversed or remitted for reconsideration, the Collector may pass orders accordingly, after giving sufficient opportunity to the party or parties likely to be adversely affected to make written or oral representation before issue of orders.
(4) The orders under revision shall be final and there shall be no further review by the Collector.
### 24. Custody and inspection of the Record of Rights and furnishing of copies thereof and extracts therefrom : (1) The record of rights in Forms 1 and 1-B shall be prepared [in triplicate and also electronically]
[Substituted 'in triplicate' by G.O.Ms. No. 271, dated 1.7.2016.]
. Two copies have to be kept in the Revenue Mandal Office, one of which is to be kept in the personal custody of the Mandal Revenue Officer. The third copy should be kept in the custody of the Village Assistant of the village.
(2) The Record of Rights shall be open for inspection of the public free of charge during office hours on all working days.
### 25. (1) The fees payable for granting certified copies or certified extracts from the record of rights shall be as follows:- [Fees]
[Corrected by Memo No. 120010/D.O.(A&R)/88-2, Revenue (A&R) 8-8-1989. ]
for every copy of the extract given for a survey or sub-division Rs.2/- (Rupees two only).
(2) The fees referred to in sub-rule (1) above, shall be in the shape of Court-fee stamp.
(3) Every application for copies/extracts shall be made to the Village Assistant/Mandal Revenue Officer.
(4) Every copy or extract from the Record of Rights shall be attested by the Mandal Revenue Officer.
[Title deed-cum-Pattadar Pass Book
[Substituted 'Pattadar Pass Book' by G.O.Ms. No. 1.7.2016.]
### 26. (1) With reference to Form 1-B prepared under Rule 14-A, title deeds-cum-pattadar pass books shall be prepared taking a village as a Unit.
(2) The title deed-cum-pattadar pass book shall be prepared in respect of pattadars and owners and it shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of the Transfer of property Act, 1882 as a registered document registered by a Registered of Assurances.
(3) It shall not be compulsory for the pattadar and owners to obtain title deed-cum-pattadar pass books. It will be optional as per discretion of the Pattadar/Owner. The Registration authority under the Registration Act, 1908 shall not insist for production of title deed-cum-pattadar pass book for any transaction in respect of the land. Similarly, no credit agency shall insist for production of title deed-cum-pattadar pass book for the purpose of sanction or discharge of loan.
(4) The format of title deed-cum-pattadar pass book shall in From 14.
(5) The title deed-cum-pattadar pass book shall be issued electronically in Telugu (e-title deed-cum-pattadar pass book). Every entry in the title deed-cum-pass book shall be presumed to be correct and true unless the country is proved.
(6) The title deed-cum-pattadar pass book may contain such other details and proforma to be prescribed from time to time by the commissioner.
(7) The e-title deed-cum-pattadar pass book alongwith photograph of the pattadar owner shall be digitally signed by the Tahsildar.
(8) Proper record in respect of issue of the title deed-cum-pattadar pass books shall be maintained by the Tahsildar.]
### 27. Substituted by G.O.Ms. No. 1.7.2016.Whenever a COurt decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received from Court or presented to the Tahsildar for implementing and incorporating changes in the Record of Rights and title deed-cum-pass books, the Tahsildar shall incorporate changes in the Record of Rights and title deed-cum-pass books, based on Court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of Court decree claims that he had already paid proper and adequate$$$$$$$$$$$$$$$$$
[(2) Full details of the purchaser and the purchase transaction shall be prepared and signed by the registering authority in Form No. VI-B in triplicate, one copy to be retained with registering authority, second copy shall be sent to Mandal Revenue Officer concerned, and the third copy to the Recording Authority. The Mandal Revenue Officer shall maintain a Register of intimations received in Form XVI.
(3) [ On receipt of the Form VI-B, the Mandal Revenue Officer shall verify the Record of Rights in Forms I and I-B and thereafter issue a title deed and Pattadar Pass Book to the purchaser after getting the sale transaction duly certified by the Registering Authority on the title deed. The Mandal Revenue Officer shall make necessary changes in the Record of Rights under proper attestation.]
[Substituted by G.O.Ms.No. 36, (A &R), dated 15-1-1994. ]
(4) [ Whenever a Court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received from Court or presented to the Mandal Revenue Officer for implementing and incorporating charges in the Record of Rights and Pattadar Pass Books, the Mandal Revenue Officer shall incorporate changes in the Record of Rights and Pattadar Pass Book, based on Court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of Court decree claims that he had already paid proper and adequate stamp duty in the Court and produces certificate issued by the Court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the Record of Rights and Pattadar Pass Books. If the decree is received or produced by or before a Registration Officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Officer for necessary action.]
[Substituted by G.O.Ms.No. 453, Revenue D.O. (A & R), dated 23-5-1990. ]
(5) In respect of cases covered by Section 58-A of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli, the Mandal Revenue Officer or Recording Authority should refer the Court decree to the Collector and the Collector shall decide for its execution and communicate orders to the Mandal Revenue Officer/Recording Authority, for its implementation.
### 28. Miscellaneous:
- Every Recording Authority, Appellate Authority or other Officer holding an enquiry under the Act shall have, in addition to the powers referred to in Clauses (a) and (b) of Section 10 of the Act the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 when trying a suit for the purpose of entering upon and inspecting any land or taking or causing to take measurements thereof.
### 29. The service of any notice, intimation of any decision and the communication of any order under the provisions of the Act or these rules shall be effected by giving or tendering a copy of such notice, intimation or order to the person concerned or an adult member of his family or where this is not practicable by sending it to him under certificate of posting.
### 30. As and when the Record of Rights are prepared or brought up to date or rectified or maintained, such entry shall be brought into the village records.
### 31. [(1) ]
[Renumbered as 31(1) by G.O.Ms.No. 36, Revenue (A & R), dated 15-1-1994. ]
Any person who [loses]
[Corrected by Memo. No. 120010/D.O. (A&R)88-2, Revenue (A&R), dated 8-8-1989. ]
a Pass Book issued to him [or whose pass book is mutilated]
[Added by ibid. ]
can apply to the Mandal Revenue Officer along with his photograph. The Mandal Revenue Officer after collecting the fee prescribed under [sub-rule (12) of Rule 26]
[Substituted for the expression 'sub-rule (7) of Rule 26' by G.O.Ms. No. 36, Revenue (A&R), dated 15-1-1994. ]
, shall issue a duplicate pass book, under acknowledgement, duly endorsing on the 1st page of the pass book that it is a duplicate copy. The issue of a duplicate pass book shall be noted in Form 1-B. In case a duplicate Pass Book is sought to replace a mutilated Pass Book, the mutilated Pass Book shall be surrendered to the Mandal Revenue Officer for cancellation/destruction.
(2) [(a) As soon as the title deed holder loses the title deed, he shall notify about the loss of the same to the police and to the credit agencies in writing and ask the credit agencies not to deal with the lost title deed. He shall also intimate the Revenue Divisional Officer about the loss and furnish the copies of his letters addressed to police and credit agency]
[Inserted by G.O.Ms.No. 36, Revenue dated 15-1-1994 ]
.
(b) The title deed holder shall publish in the newspapers a notice about the loss of his title deed and request public at large including credit agencies not to deal with the lost title deed. A copy of the newspaper publication shall be filed along with the intimation to the Revenue Divisional Officer.
(c) For getting a duplicate title deed, the title deed holder shall execute an indemnity bond to indemnify the Government and the credit agencies up to one year from the date of intimation of the loss, from any losses that may arise from the use of lost original title deed by any unauthorised person.
(d) After satisfying that the above conditions are complied with, the Revenue Divisional Officer, may issue a duplicate title deed endorsing on the last page of the title deed that it is a duplicate copy. The issue of a duplicate shall be noted in Form-I 13.
(e) To check frivolous application for duplicate title deeds the fee issuing a duplicate shall be Rs. 1,000/- (Rupees One thousand only).
(f) In case a duplicate title deed is sought to be replaced by a mutilated title deed, the mutilated title deed shall be surrendered by the title deed holder to the Revenue Divisional Officer. The Revenue Divisional Officer shall obtain the Collector's permission before issuing a duplicate. He shall destroy the mutilated title deed in the presence of the title deed holder after issuing a duplicate. The fact of destroying the old title deed shall be mentioned in Form I-B. In case of replacement, the fee for issuing a duplicate shall be Rs. 100/- (Rupees One Hundred only).
### 32. Every person proceeding under Sec. 8(2) of the Act shall intimate to the Mandal Revenue Officer concerned the particulars of the suit. The Mandal Revenue Officer shall enter the details of the suit in a register in Form XVIII. On the disposal of the suit, the Party shall communicate a copy of the order on the suit to the Mandal Revenue Officer who shall enter the details in the register in Form XVIII. The register in Form XVIII shall be open for inspection, and the certified extracts of the same shall be granted.
### 33. The Commissioner, Survey Settlements and Land Records, may, from time to time, issue such orders and instructions as may be necessary for the purpose of explaining these rules, and to implement the provisions of the Act and the rules made thereunder properly.
Form - I
(See Rules 3 and 9)
Form of Record of Rights
Name of the District :
Name of the Division :
Name of the Mandel :
Name of the Revenue Village :
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sl No.
|
Survey No. Sub-division No.
|
Total Extent
|
Classification
|
Land Revenue assessment
|
Patta No. or Khata No.
|
Name of the Pattadar with father/husband's name
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
Particulars of owners and occupants
|
|
Owners
|
Tenants
|
|
Name of owner with father's/husband's name
|
Extent held by owner ut of area shown in col.3
|
How acquired inheritance/succession survivor-ship
purchase/others
|
Name of the tenant with father's/husband's name
under the owner mentioned in Col. 8
|
Extent held by the tenant under the owner in Col.
8
|
Whether a protected tenant
|
Rent payment to the owner in Col.8
|
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
|
|
|
Name(s) of occupants with father's/husband's name
|
extent held by each occupant
|
Nature of his interest occupation
|
Name of the mortgaged with father's/husband's
name
|
Name of Extent the mortgage with father's
/husband's name
|
Extent
|
Amount date and other particulars of mortgage
whether 1st mortgage or subsequent mortgage
|
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
|
|
|
Whether with or without possession
|
Details of unregistered encumbrances if any
|
No. of Sub-divisions to be created
|
Rate per acre as per basic valuation Register
|
Details Registered[with document No. for preceding 13 years]
[Corrected by Memo. No. 120010/D.O.(A&R)/88-2, Revenue (A & R), dated 8-8-1989 ]
|
Remarks & signature of cording Authority with date
|
Remarks of Testing[(Officer) ]
[ Corrected by Memo. No. 120010/D.O. (A&R)/88-2, Revenue, (A&R), dated 8-8-1989]
with dated signature & designation
|
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
|
|
Form I-A
(See Rule 5(1) (b))
Proforma for Filing Claims
Name of the claimant and his permanent address
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of Mandal
|
Name of Village
|
Survey No. Sub-division No.
|
Total extent
|
Area in respect of which claim is made
|
Nature of Claim/interest owner,tenant,mortgagee,
unregistered[enclosed]
[Corrected by memo. No. 120010/D.O.(A&R)/88-2,Revenue, (A&R), dated 8-8-1989 ]
|
Proof in support of claim, copies of documents if
any to be enclosed
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
CERTIFICATE:-;[I certify that I have given a complete list of my interests in lands in the entire district.]
[Replaced by ibid. ]
|
Form I-B
(See Rule 14(a) )
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of the Pattadar/tenant Mortgagee[Occupant in Inam Land]
[Added by G.O.Ms.No. 36, Revenue (A & R), dated 15-1-1994 ]
to be given pass book with father's/husband's name and
address
|
Patta or Khata Nos. now held by him
|
S.No./Sub-Divn. Nos. included in the
pattas/Khatas
|
Classification
|
Area
|
Assessment including ceases
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
How acquired by pattadar: in-heritance
survivor-ship, succession, purchase, others
|
How cultivated: Pattadar, Tenant,Mortgagee[occupant of Inam Land]
[Added by G.O.Ms.No. 36, Revenue (A &R), dated 15-1-1994 ]
|
Name of tenant/mortgagee[Occupant of Inam Land]
[Added by G.O.Ms.No. 36, Revenue (A & R), dated 15-1-1994. ]
pattadar if applicable with Sl. No. in this register
|
Details of unregistered encumbrances
|
Rate per acre as per basic valuation register
|
Details of Registered encumbrances with document
No. for preceding 13 years
|
New Patta No. or Khata No. given
|
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
|
|
Notice for Preparation of Record of Rights for the First Time and Updating of the Record of Rights
Form II
Common Notice Under Rule 5 (1) (a)(i) and 5 (1)(a)(ii)
[[Strike]
[Corrected by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
out matter which is not relevant]
Whereas the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms.No. 36, Revenue (A&R), dated 15-1-1994. ]
and Pattadar Pass Books (Amendment) Act, 1989 came into force in the area in which the village ................. (Name of the village) .................. (Name of the Mandal) .................... (Name of the District) is situated (hereinafter referred to as the said village)
Now, therefore, under Rule 5 of the "Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms.No. 36,Revenue(A & R), dated 15-1-1994.]
and Pattadar Pass Books Rules, 1989".
The undersigned hereby ...........................
(a) declares his intention of preparing the record of rights in the lands in the said village for the first time or declare his intention to update the record of rights in the lands in the said village on the notification of the [commissioner]
[Corrected by Memo. No. 120010/D.O.(A&R)/88-2,Revenue(A&R),dated 8-8-1989.]
.
(b) calls upon all the persons claiming any interest in any land in the said village to furnish to the undersigned a statement in writing in Form 1-A showing (i) the particulars of the lands in which an interest is claimed and (ii) the nature of such interest on or before ..................(the date to be specified not being earlier than fifteen days from the date of the publication of the Notice); and
(c) declares his intention of holding an enquiry in respect of the above matter in the said village on .................(the date to be specified not being earlier than twenty-two days from date of publication of the Notice) and calls upon all persons interested to appear before him at the said inquiry on the said date.
Seal of Recording Authority
Signature of Recording Authority
Form II-A
(See Rule 6(1) )
Register showing the claims received in response to Notice No. II
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of the Village
|
Name of the petitioner with father's/husband's
Name
|
Date of receipt of claim
|
Claim in respect of survey No. Sub-Div. No.
|
extent of Sy. No./Sub-Divn. No.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
Extent for which claim is made
|
Nature of claim
|
Date of enquiry
|
Result of the enquiry in brief
|
Remarks of the Recording authority
|
|
7
|
8
|
9
|
10
|
11
|
|
|
Form III
(See Rule 10(2) )
Whereas a draft record of rights/draft record of rights made up to-date has been prepared for the village ............(Name of the [village]
[Corrected by Memo. No. 120010/ D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
.
### 2. Whereas such a draft record of rights has been kept open in the custody of the village assistant of the said village for inspection of all reasonable times by any person claiming any interest in the lands in the village, or whereas an updated draft Record of Rights has been kept open in the custody of the Village Assistant of the said village for inspection at all reasonable times by any person claiming any interest in the lands in the said village. ###
3. Now, therefore, under Rule 10 of the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms.No. 36, Revenue (A&R), dated 15-1-1994. ]
and Pattadar Pass Books Rules, 1989.
### 4. The undersigned hereby requires: (i) all persons claiming any omission or error in the said draft record to furnish to the undersigned a statement in writing in Form I-A of their claims on or before ...................(the date to be specified not later than fifteen days from the date of publication of the notice).
(ii) all residents of the village to attend a gram sabha at the village on .....................(the date to be specified not later than twenty-two days from the date of publication of the notice) to make, if necessary, claims and objections to the entries in the draft Record of Rights/draft Record of Rights made up-to-date; and
(iii) declares his intention to hold an enquiry into such claims at the village on .................(the date to be specified not later than forty days from the date of publication of the notice) and calling upon all persons interested to appear before him at the said enquiries on the said date.
Recording Authority
[Form III-A]
[Substituted by G.O.Ms.No. 17, Revenue (A & R), dated 12-1-1990. ]
(See Rule 10(4) )
Name of the Claimant:
Address of the Claimant:
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of the village
|
Sl. No. of Sub-divn. No. for which claim is filed
|
Details of claim
|
Reasons for the claim for reasons for the new
entry
|
|
|
|
|
-----
|
-----
|
-----
|
|
|
|
|
|
Column in Form-I Draft ROR which needs
rectifications
|
Existing entry
|
New entry to be made
|
|
|
1
|
2
|
3
|
4(A) |
4(B) |
4(C) |
5
|
|
|
Form III-B
(See Rule 10(4) )
Register showing the details of claims in Form III-A received in response to the notice in Form III claiming omissions or errors in the Draft Record of Rights
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Sl.No.
|
Name of the village
|
Name of the petitioner with father's husband's
name
|
Date of receipt of claim in Form III-A
|
Sy. No./Sub-Dvn. No. for which claim is filed
|
Details of claim
|
|
|
|
|
|
|
Column of No. Form-I (Draft ROR which are sought
to b corrected)
|
Existing entry
|
New entry to be made
|
|
1
|
2
|
3
|
4
|
5-A
|
5-B
|
5-C
|
5-D
|
|
|
|
Reasons put forth by the claimant seeking
corrections
|
Date of entry
|
Decision of the Recording Authority
|
Remarks
|
|
6
|
7
|
8
|
9
|
|
|
Form IV
(See Rule 14(1) and Sec. 3(2))
Notification of Completion of First preparation or Updating of Record of Rights
Under sub-section (2) of Section 3 of the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms.No 36, Revenue (A & R) dated 15-1-1994 ]
and Pattadar Pass Books Act, 1971, it is hereby notified that the preparation of the Record of Rights/Updating of the Record of Rights referred to in sub-section (1) of the said Section has been completed in respect of lands in the village of ................(Name of the village).................. (Name of the Mandal) ................ (Name of the District).
Seal
Recording Authority
[Form IV(A) ]
[Inserted by G.O.Ms.No. 362, Revenue (A & R), dated 26-4-1991. ]
(See Rule 14-A(2) )
Notice for Distribution of Pattadar Pass Books
It is hereby notified that the Pattadar Pass Books have been prepared with reference to the entries in Form 1-B as required under sub-rule (2) of Rule 14-A of the Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms.No. 36, Revenue (A&R) dated 15-1-1994. ]
and Pattadar Pass Books Rules, 1989 in respect of .................... Village ...................... Mandal ..................... District and the same will be delivered to the concerned persons in a Gram Sabha on .............. (Date) ................. at ........... (Time) at ................ (Place) ...................
All the pattadars/owners/tenants/mortgagees [occupants in Inam Lands]
[Added by G.O.Ms.No. 362, Revenue (A&R), dated 15-1-1994. ]
eligible for a [title deed or pass book]
[Substituted for 'Pass Books' by ibid. ]
are hereby required to attend the said Gram Sabha and receive the Pattadar Pass Books after payment of [the cost as prescribed by the Commissioner]
[Substituted for the expression 'Rs. 10/-' by ibid. ]
Mandal Revenue Officer
............................ Mandal
............................ District
Form V
(See Rule 16(2) and Sec. 3(3))
Notice for Enquiry on Application for Rectification under Section 3(3) of the Act
Whereas-
(1) an application has been received for the rectification of the entry.
(2) it appears necessary to rectify the entry.
(3) .............. has reported that it is necessary to rectify the entry in the Record of Rights of the village .................. (Name of the Village) ............. (Name of the Mandal) .............. (Name of the District) in respect of the land described in the Schedule hereunder.
Now, therefore, under Rule 16 of the A.P. [Rights in Land]
[Substituted for the words 'record of rights in Land' by G.O.Ms.No. 36, Revenue (A&R) dated 15-1-1994.]
and Pattadar Pass Books Rules, 1989 you are hereby required to:
(a) furnish to the undersigned on or before ................ (date not being later than fifteen days from the date of the service of the notice) ............... a statement in writing containing any representations or objections in respect of the said application.
(b) to appear before the undersigned on ................. (being not less than twenty-one days from the date of service of the notice) at ............... (Place) .................. (Time) in connection with an enquiry proposed to be held in respect of the above matter.
Mandal Revenue Officer
Schedule
----------
| | | | |
| --- | --- | --- | --- |
|
Survey No./Sub-Div. No. of the land in the village to which
the entry relates.
|
|
|
Brief purport of Rectification applied for.
|
Form VI(A) (See Rule 18 and Sec. 4(1) of the Act)
Intimation by any Person regarding Acquisition of Rights
To ................
The Recording Authority/Mandal Revenue Officer,
..................Mandal ...................Mandal
I, Sri/[(Smt/Kum.)]
[Substituted for the words 'Record of Rights in land' by G.O.Ms.No. 36, Revenue (A&R) dated 15-1-1994. ]
................... son of/ [daughter of/wife of]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue dated 8-8-1989.]
................... resident of village ............. in Mandal ..................... intimate to you the acquisition of the following property in the village of .............. in .............. Mandal ............. in .............. District by succession, survivor-ship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, as owner, pattadar, mortgagee, occupant or tenant of the land. Details are furnished below:
District: Mandal: Village:
| | | | |
| --- | --- | --- | --- |
|
No.
|
S.No. and Sub-Division
|
Extent of Land
|
Details of acquisition
|
|
|
|
Date
|
Signature of Intimator
|
Form VI(B) (See Rule 18)
(Prepare in triplicate)
From:To:
..................The Mandal Revenue
Officer
..................Recording Authority.
Intimation by the Registration Officer registering a document relating to the transfer of land to the Mandal Revenue Officer .................... copy marked to the Recording Authority .................
(Form VI(A) to be signed in triplicate by the person and two copies to be sent to the Mandal Revenue Officer and Recording Authority with this form.)
Under sub-section (2) of Section 4 of the A.P. [Rights in Land]
[Substituted for the words 'Record of Rights in Land' by G.O.Ms. No. 36, Revenue (A&R), dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971; I, Sri ................. Registering Officer .................. in ................ Village .............. Mandal ................. District intimate the acquisition of the following property by registering of a document by the following persons.
Details are as follows:
### 1. Name of person acquiring the property with father's name and address. ###
2. Description of property acquired, with details.
### 2. (a) . How acquired succession, survivor-ship, inheritance partition, purchase, mortgage, gift, lease or otherwise.
### 3. Details of Property: | | | | | |
| --- | --- | --- | --- | --- |
|
Sl.No. and Sub-Divn. No.
|
Village
|
Mandal
|
District
|
Details
|
|
|
|
4. Name and Address of
the person registring and conveying property (if any with
detailed).5. Register No., year and date of entry in
Registration Department.
|
.
|
|
Seal:
|
Signature of Regn. Officer, Regn. Department
|
(A Copy must be sent to the Recording Authority in the Mandal invariably [x x x]
[Omitted by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
. It is mandatory to send the intimation and obtain the acknowledgment to the Mandal Revenue Officer within a week of the date of registration.)
Form VI (C) (See Rule 18)
Acknowledgement by [Mandal Revenue Officer]
[Substituted by G.O.Ms.No. 36, Revenue dated 15-1-1994. ]
of ..............Mandal
Under Section 4 of the Andhra Pradesh [Rights m Land]
[Substituted for the words 'Recording Authority' by ibid. ]
and Pattadar Pass Books Act, 1971, the undersigned hereby acknowledge, the receipt of the intimation of the acquisition of rights from Sri ....................... (Name of person) son of ................... (address) ................in respect of the entry in the record of rights pertaining to Survey No. .................. in the village of ..................... (Name of the village) .................... (Name of the Mandal) ..................... (Name of the District).
(Mandal Revenue Officer)District:(Statement) Form VII
(See Rule 18(3) )
Register of Amendments
District:
Mandal:
Village:
Fasli:
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Survey No/Sub-Division No. No. of the land, the
entry pertaining to which is proposed to be amended
|
Whether the amendment is proposed under sub-section
(1) or sub-section (2) of Sec. 5
|
In the former case the name of the person from
whom the intimation has been received and the date of its receipt
|
Brief purport of proposed amendment
|
|
1
|
2
|
3
|
4
|
5
|
|
|
|
S.No. in Form-I
|
Entry in Form-I
|
Entry after amendment
|
Reasons for the change
|
|
A
|
B
|
C
|
D
|
|
Decision of the Recording Authority
|
Decision if any of the appellate or revisional
authority
|
If the final decision involves an amendment to
the Record of Rights the date on which it was carried out
|
Remarks
|
|
6
|
7
|
8
|
9
|
|
|
Form VIII
(See Rule 19(1) )
Notice
Whereas the undersigned has received an intimation of the fact of acquisition of a right as described in the schedule hereunder and it appears that an amendment has to be made in the Record of Rights in consequence thereof ...................
and/or
Whereas the Recording Authority has reason to believe that an acquisition of a right has taken place as described in the schedule hereunder and it appears that amendment has to be made in the Record of Rights in consequence thereof.
Now, therefore, under sub-section (3) of Section 5 of Andhra Pradesh [Rights in Land]
[Substituted for the words 'Record of Rights in land' by G.O.Ms. No. 36, Revenue (A&R) dated 15-1-1994. ]
and Pattadar Pass Book Act, 1971.
All persons interested or affected are hereby required to show cause on or before .................. (date to be specified not being earlier than 30 days from the service/publication of the notice) as to why the amendment should not be carried out.
You.................... ..................... .............................
All persons interested or affected are hereby required to appear on or before the undersigned on .................... (date not earlier than forty five days from the service/publication of the notice) as ....................... (Place) .......................... time in connection with the enquiry proposed to be held in respect of the above matter.
Recording Authority
Schedule 2
------------
| | | | |
| --- | --- | --- | --- |
|
S.No. etc., of the entry relating to which is sought to be
amended
|
|
|
Brief purport of proposed amendment
|
Form IX
(See Rule 22(1) read with Section 5-A)
Whereas the A.P. [Rights in Land]
[Substituted for the words 'Record of Rights in land' by G.O.Ms. No. 36, Revenue (A&R) dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971 has come into force in the area in which the village .................. (Name of the village) ................ (Name of the Mandal) .................. (Name of the Division) .................. (Name of the District) is situate (hereinafter referred to as the said village).
Now, therefore, under Rule 22(1) of the A.P. Record of Rights in Land and Pattadar Pass Books Rules, 1989. The undersigned hereby:
(a) calls upon all the persons claiming interest in any land in the said village recorded as an occupant in the Adangal/ Pahani Patrika or in the Record of Rights by virtue of an alienation or transfer made or affected otherwise than by registered document, and the alienee or the transferee may within (15) days from the date of the publication of this notice apply to the undersigned for a certificate declaring that such alienation or transfer is valid in the form prescribed.
(b) As per the provision of Section 5-A of the A.P. [Rights in Land]
[Substituted for the words 'Record of Rights in land' by G.O.Ms. No. 36, Revenue (A&R) dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971 the Mandal Revenue Officer after due enquiry and hearing will consider the issue of a certificate declaring such alienation or transfer is legal, on payment of Registration fees and stamp duty as provided for in Section 5-A(2) of the A.P. Record of Rights in Land and Pattadar Pass Books Act.
Signature
Mandal Revenue Officer
Form X
(See Rule 22(2) )
To
The Mandal Revenue Officer,
.............. Mandal
.............. District
### 1. Name of the Applicant (i.e., alienee or transferee):
### 2. Father's /[husband's name] [Inserted by Memo. No. 120010/D.O. (A&R), dated 8-8-1989. ]
:
### 3. Age, profession and place of residence and address: ###
4. Name of the alienor or transferor, with father's/[husband's name]
[Inserted by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989 ]
:
### 5. Age, profession and place of residence and Address: Sir,
I have acquired by alienation/ transfer the following lands from ................ on ............... by an unregistered document, dated ................. signed by Shri/[Smt/Kum.]
[Inserted by Memo. No. 120010/D.O. (A&R), dated 8-8-1989. ]
..................... S/o/[d/o/w/o.]
[Inserted by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989 ]
................. R/o. ...................
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Mandal
|
Village
|
Survey No.
|
Sub-Division if any
|
Extent
|
Patta No. if any
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
Classification
|
Area Acquired
|
Amount of consideration
|
Remarks
|
|
Wet
|
Dry
|
I.D.
|
|
7
|
8
|
9
|
10
|
11
|
12
|
There are no amounts due to Government in respect of the land.
An amount of Rs. .................. is due to the Government in respect of the land towards ................... (here mention the item against which the amount is outstanding).
The alienation or transfer is not in contravention of the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the Urban Land (Ceiling and Regulation) Act, 1976, the A.P. Scheduled Areas Land Transfer Regulations, 1959 and the A.P. Assigned Land (Prohibition of Land Transfer) Act, 1977.
I also enclose the following documents:
| | | | |
| --- | --- | --- | --- |
|
(Here[give]
[Corrected by ibid. ]
the list of documents)
|
|
|
Name of the witnesses, if any should be stated here.
|
I request you to issue a certificate under Section 5-A(4) of the A.P. [Rights in sLand]
[Substituted for the words 'Record of Rights in land' by G.O.Ms. No. 36, Revenue (A&R) dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971 and Rule 22(5) (ii) of A.P. [Rights in Land]
[Substituted for the words 'Record of Rights in land' by G.O.Ms. No. 36, Revenue (A&R) dated 15-1-1994 ]
and Pattadar Pass Books Rules, 1989, declaring that the alienation/transfer of the land is valid.
Yours faithfully,Signature of the applicant
I hereby declare that the facts stated above are true to the best of my knowledge and belief.
Place:
Date:
Signature of the applicant
Form - X(A) [See Rule 22(2)]
Register showing the claims received in response to Notice No. II and Disposal
| | | | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of the Village
|
Name of the petitioner with father's/husband's
name
|
Date of receipt of the claim of Form-X
|
Sy. No./Sub-Division No.
|
Total Extent of Sy. No.
|
Extent Land for which regularisation is sought
for
|
Classification
|
Amount of consideration as mentioned in the
petition
|
Name of the Aliener/Transferor
|
Result of enquiry of the Mandal Revenue Officer,
whether validation was done
|
Amount of Stamp Duty and Registration Fee as
fixed by the Registering Authority
|
Date of remittance of the amount shown in Col. 2
into the Treasury Challan No. and Date
|
Date of issue of certificate in Form-XIIIB by the
Mandal Revenue Officer.
|
Date of Entry in Record of Rights in Form-I and
Form-IB
|
Date of issue of Pass Book Remarks
|
|
1
|
2
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3
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4
|
5
|
6
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7
|
8
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9
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10
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11
|
12
|
13
|
14
|
15
|
16
|
Form XI
(See Rule 22(3) )
[Office of the Mandal Revenue Officer............... Mandal in............... District]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
Notice is hereby given that the application filed before the undersigned under sub-section (1) of Section 5-A of the A.P. [Rights in Land]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
and Pattadar Pass Books Act, 1971 by [Sri/Smt]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989 ]
.................. S/o/[D/o/W/o.]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989 ]
.................... for validation of alienation/transfer of ..................... land bearing Survey No .................... measuring .................... acres, situated in Village .................. Mandal, will be taken up for consideration at A.M./P.M. ................. on ..................... (day of the week) ................... (date) at the time of hearing you are to produce necessary oral and documentary evidence bearing on the alienation or transfer. If you fail to appear at the hearing the matter will be decided exparte.
Mandal Revenue Officer
Date:
To
...................
...................
Form XII
(See Rule 22(3) )
[Office of the Mandal Revenue Officer............... Mandal in............... District]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
Notice is hereby given that the application [filed by Sri/Smt/Kum.]
[Corrected by ibid. ]
................. S/o/[D/o/ W/o]
[Added by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989 ]
............... validation of alienation/transfer of land bearing No ................ measuring ................ acres, situated in ............... Village of .................... Mandal ............... before the undersigned, will be enquired into at .............. A.M./P.M. ........... (day of the week) ................... (date) at ........................ (place) under Section 5A of the Act and Rule ...................
Any person interested in the case should be present at the hearing and should produce necessary oral or documentary evidence bearing on the claims that he may have in this regard.
Mandal Revenue Officer
Date:
Form XIII(A) (Under Section 5-A(2) Rule 22(5)(i))
Office of the Mandal Revenue Officer
................... Mandal in
................... District.
Whereas ......................... (Name) ............................... S/o .................. R/o ............... (address) who has applied for validation of Sale/Alienation under Section 5-A of the Act. The enquiry conducted under the rules prescribed reveals that Sri .................... S/o ............... is found to be the purchaser of the land by an unregistered document in respect of the lands specified in the Schedule below for the lands belonging to Sri .................. S/o ................ under sub-section (2) of Section 5-A of the A.P. [Rights in Land]
[Substituted for the words 'Records of rights in land' by G.O.Ms.No. 36, Revenue (A&R) dated 15-1-1994 ]
and Pattadar Pass Books Act, 1971, the said alienee/transferee is required to deposit the registration fee and stamp duty amounts in accordance with the provisions of the Indian Registration Act, 1908.
The Sub-Registrar is therefore requested to fix up the value of the property and fix up the amount equal to registration fee and stamp duty under the law with reference to the date of the unregistered alienation and intimate to the undersigned within month to enable him to get the amount deposited by the alienee/transferee and issue validation certificate under Section 5-A of the Act and Rule 22(5) (ii).
Mandal Revenue Officer
Schedule 3
------------
To
Sub-Registrar.
Certificate
Form XIII(B) (Under Section 5-A(4) Rule 22(5)(ii))
Office of the Mandal Revenue Officer
............... Division
................... District.
Whereas ................... (Name) ................... (Father's name) ................... (address) applied for validation of sale/alienation under Section 5-A of the Act After completion of a due enquiry as prescribed under the law, Sri ................. S/o ..................... is found to be the purchaser of the land by an unregistered document in Sy. No. ............ extent ................ from Sri ................... described in the Schedule and sketch attached, and whereas under the provisions of sub-section (4) of Section 5-A of the A.P. [Rights in Land]
[Substituted for the words 'Records of Rights in Land' by G.O.Ms.No. 36, Revenue (A&R), dated 15-1-1994. ]
and Pattadar Pass Books Act, 1971, the said alienee/transferee was required to deposit an amount ................... towards registration fees and stamp duty in consultation with the Sub-Registrar's office and he has deposited an amount Rs. ................... (in words) .................. equal to the registration fee and stamp duty that would have been payable had the alienation/transfer been effected by a Registered document in accordance with provisions of the Indian Registration Act, 1908 towards alienation/transfer. Therefore by virtue of the power vested in me under Section 5-A of the A.P. Record of Rights Act in Land and Pattadar Pass Books Act, 1971, I order that the above alienation/transfer described below as valid.
Description and landed property (rough sketch attached)
---------------------------------------------------------
................... if sketch is not available.
Signature
Mandal Revenue Officer.
To
The persons interested
Copy to the Recording Authority to take action of recording the occupant as owner u/S. 5-A(5) .
Copy to the Sub-Registrar, concerned.
Form XIII(C) [To be filled up by M.R.O. and attached to order in Form No. XIII-B Rule 22(5)(iii)]
### 1. Sl. No. & year of the [reference] [Corrected by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R), dated 8-8-1989. ]
of M.R.O. Office. (for each calendar year):
### 2. Number and date of the order of M.R.O. in which the transaction is validated: ###
3. Name of S.R.O. to which the transaction relates:
### 4. Name(s) of the village(s) where the property is situated: ###
5. Description of the property effected S.No. extent in Metric measurements with 4 boundaries; (copy of the document to be enclosed):
### 6. Name(s) of the [transferor(s)] [Substituted for the words 'Records of Rights in Land' by G.O.Ms.No. 36, Revenue (A&R) dated 15-1-1994. ]
with full address(es) :
### 7. [(Name(s) ] [Substituted for the words 'Records of rights in land' by G.O.Ms.No. 36, Revenue (A&R), dated 15-11994. ]
of the transferee(s) with full address(es):
### 8. Nature of the transaction: ###
9. Date of execution of document:
### 10. (i) market value as per Basic Valuation Register: (ii)
consideration shown in the document (for sale deeds only):
### 11. Amount collected towards: (i) Stamp Duty
(ii) Transfer Duty
(iii) Registration fee
### 12. Particulars of challan in which the amount is remitted into the Treasury (Challan No., Date and Name of Treasury) (Copy of the Challan to be enclosed). Place:
Date:
Signature of the Recording Authority (M.R.O.) with date and seal.
Form XIV
(See Rule 26)
Government of Andhra Pradesh
Pattadar Pass Book
| |
| --- |
|
{|
|
|
Khata/Pass Book No.
|
| {|
|-
| Part-IOwnership-Details
|}
|-
| 1. Name of the Pattadar with
Father’s/husband’s Name and Address2. Whether SC
or ST or BC[xxx]
[The words “whether Small/Marginal Farmers” omitted by G.O. Ms. No. 17Revenue(D.O. A&R dated 12-1-1990.]
:3. Village in which lands are situated :4.Revenue Mandal :5. Revenue Division6. District :7. Original entries made as on :
| {|
|-
|
|}
Photo of
Pattadar(It should be attested by Mandal Revenue Officer with
seal)
|}
| | | |
| --- | --- | --- |
|
Signature or thumb impression of Pattada
|
[Village Administrative Officer]
[Substituted for the words "Signature of the Village Assistant" by G.O.Ms. No.36 Revenue (A&R), dated 15-1-1994.]
|
Signature of Mandal Revenue Officer Office Seal & Date
|
Part-I - Details of lands owned by Sri ......................
| | | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Survey No. & sub-division
|
Extent in
|
Classification Wet/Dry/Irrigated Dry
|
How Acquired (or) |
1. By intheritance (or) |
2. By purchase (or) |
3. Any other transaction
|
Details of un-registered encumbrances if any as
per R.O.R.
|
Signature of Mandal Revenue Officer with stamp
|
Rate per acre as basic Valuation Register
|
Details of Regd. encumbrances if any with DOC No.
etc., for the preceding 13 years
|
Signature of Sub-Register with Stamp
|
Remarks
|
|
A.C.
|
|
A.C.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
1.2.3.4.5.
|
|
|
|
|
|
|
|
|
|
|
Note:-
### 1. Details of lands owned must be necessarily entered sub-division-wise or part of sub-division-wise if cultivated separately. ###
2. In the same sub-division, wet/dry/irrigated dry to be separately recorded, if sub-division is classified as such.
### 3. Each entry in the Sl.No. must be attested by M.R.O. /Sub-Registrar at appropriate places. ###
4. Whenever there are sale transactions, deletions/additions to the holdings to be made by the Sub-Registrar with remarks in the remarks column.
### 5. Any changes in the encumbrances will also be appended in remarks column either by the Mandal Revenue Officer or Sub-Registrar as the case may be. (Like this Required Number of Sheets May be Added)
Government of Andhra Pradesh
Pattadar Pass Book
(See Rule 26)
| |
| --- |
|
{|
|
|
Khata/Pass Book No.
|
| {|
|-
| Part-IIOwnership-Cultivation (Green) |}
|-
| 1. Name of the Cultivator with
father's/husband's Name and Address2. Whether SC or ST or BC[\*\*\*]
[The worlds 'whether Small/Marginal Farmers” Omitted by G.O. Ms. No. 17Revenue(D.O. A&R dated 12-1-1990.]
3. Village
in which lands are situated4. Revenue Mandal5. Revenue
Division6. District7. Original entries made as on (Date) | {|
|-
| PHOTOPhoto of Cultivator
|}
Photo of
Pattadar(It should be attested by Mandal Revenue Officer with
seal)
|}
| | | |
| --- | --- | --- |
|
Signature or thumb impression of Cultivator
|
[Village Administrative Officer]
[Substituted for the words "Signature of the Village Assistant" by G.O.Ms. No.36 Revenue (A&R), dated 15-1-1994.]
|
Signature of Mandal Revenue Officer Office Seal & Date
|
\* This Pass Book No. is same as the Khata/Pass Book No.of the Pattadar in Part I. Pass Book No.
Part-II Ownership-Cultivation (Green) Photo
Photo of Cultivator
(It should be attested by Mandal Revenue Officer with Seal)
### 1. Name of the Cultivator with father's/husband's Name and Address: ###
2. Whether SC or ST or BC [xxx]
[The words 'whether Small/Marginal Farmers' omitted by G.O.Ms.No.17 Revenue D.O. (A&R), dated 12-1-1990). ]
:
### 3. Village in which lands are situated: ###
4. Revenue Mandal:
### 5. Revenue Division: ###
6. District:
### 7. Original entries made as on (Date) : | | | |
| --- | --- | --- |
|
Signature or thumb impression of Cultivator
|
[Village Administrative Officer]
[Substituted for the words "Signature of the Village Assistant" by G.O.Ms.No. 36 Revenue (A&R), dated 15-1-1994. ]
|
Signature of Mandal Revenue Officer Office Seal & Date
|
### 1. Particulars of land personally cultivated and given to Tenants/Mortgagees by Sri ................................. | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Survey No. &Sub-Division No.
|
Classification
|
Wet/Dry/Irrigated Dry
|
Extent in
|
Assessment including cesses
|
Nature of enjoyment
|
Name of the Tenant/Mortgagee cultivating the
owned land/Name of the pattadar whose land is taken on tenancy if
any, on the land
|
Signature of Mandal Revenue Officer (or) Prescribed Officer
|
Remarks
|
|
A.C
|
|
A.C.
|
Owners/ Tenant Mortgagee
|
|
Rs.
|
Ps.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
1.2.3.4.5.6.7.
|
|
|
|
|
|
|
|
|
(Like this Required Number of Sheets May be Added)
II. Land Revenue - D.C.B. Particulars
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Demand
|
Total
|
Date
|
Collections
|
Receipt No. and Date
|
Balance
|
Village Administrative officer
|
Remarks
|
|
Arrears beginning of current during
|
Arrears
|
Current
|
Total
|
Arrears
|
Current
|
Total
|
|
FASLI 13
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
1.2.3.4.5.6.7.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Like this Required Number of Sheets May Be Added)
III. Details of Loans
Name of the Borrower with Father's/Husband's Name and Address and IRDP Identification Number, if any:
### 1. Name of the Financial Institution: ###
2. Loan Account No. and Date
### 3. Purpose of Loan ###
4. Type of Loan: (LT/MT/ST)
### 5. Amount of Loan Sanctioned Rs. ###
6. Rate of Interest
### 7. Particulars of Security (Documents Title Deeds etc., deposited by loanees) ###
8. Repayment Schedule
### 9. Details of Subsidy/Margin Money A. Subsidy (i) Agency:
(ii) Amount Rs.
B. Margin Money (i) Agency:
(ii) Amount: Rs.
(iii) Particulars of repayment
Date. Amount
### 10. Disbursement of Loan Date: Amount
### 1. ###
2.
### 3. ###
4.
Signature of the Manager/Competent Authority of Financial Institution with seal.
II. Particulars of Repayment of Loans:
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Date
|
Particulars
|
Challan No. & Date
|
Principal
|
Date
|
Interest
|
Details of Documents Title deed etc. returned
|
Signature of Bank Official
|
|
Debit
|
Credit
|
Balance
|
Debit
|
Credit
|
Balance
|
|
1.2.3.4.5.6.
|
|
|
|
|
|
|
|
|
|
|
|
|
Note- 1. Under Particulars of Security, the Survey No.which is financed should be indicated.
### 2. In case of crop loan, indication of the crop particulars should be furnished. (Like this Required Number of Sheets may be Added)
V. Particulars of Sanction,Disbursal and Repayment of S.A.O. Loans
| | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
1 Sl. No.
|
Year
|
Date of sanction of
loan
|
Amount of loan
sanctioned
|
Date of disbursal
|
Amount disbursed
|
Interest[accrued]
[Corrected by Memo. No. 120010/D.O. (A&R)/88-2, Revenue (A&R) 8-8-1989. ]
on the loan
|
Total Amount to be
paid
|
Date of repayment
|
Balance Payable
|
Signature of officer
of the Credit Agency
|
|
Amount repaid
|
Amount in Col. 7
credited to
|
8(a) Interest
|
8(b) Principal
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8(a) |
8(b) |
9(a) |
9(b) |
10
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Government of Andhra Pradesh
Pattadar Pass Book
(See Rule 26)
| |
| --- |
|
{|
|
|
Khata/Pass Book No.
|
| {|
|-
| Part-IIITenant Cultivator Mortgagee
|}
(Red Colour)
|-
| 1. Name of the Cultivator with
father's/husband's Name and Address2. Whether SC or ST or BC[\*\*\*]
[The worlds 'whether Small/Marginal Farmers” Omitted by G.O. Ms. No. 17 Revenue(D.O. A&R dated 12-1-1990.]
3. Village
in which lands are situated4. Revenue Mandal5. Revenue
Division6. District7. Original entries made as on (Date) | {|
|-
| Photo
|}
Photo of
Pattadar(It should be attested by Mandal Revenue Officer with
seal)
|}
| | | |
| --- | --- | --- |
|
Signature or thumb impression of3. Added by ibid.[Tenant/Mortgagee Pattada
|
Village
Administrative Officer
|
Signature of Mandal Revenue Officer Office Seal & Date
|
I. Particulars of land cultivated on Tenancy or Mortgagee by Sri...............................
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Owner's Khata Pass Book No
|
Name of the Pattadar
|
Survey No./Sub-Division No.
|
Classification
|
Extent
|
Nature of enjoyment
|
Signature of Mandal Revenue Officer (or) Prescribed Officer
|
Remarks
|
|
Wet/Dry irrigated Dry
|
A.C.
|
Tenancy or Mortgagee
|
|
A.G.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
1.2.3.4.5.6.7.
|
|
|
|
|
|
|
|
|
(Like this Required Number of Sheets may be Added)
II. Details of Loans
Name of the Borrower with Father's/Husband's Name and Address and IRDP Identification Number, if any:
### 1. Name of the Financial Institution: ###
2. Loan Account No. and Date
### 3. Purpose of Loan ###
4. Type of Loan: (LT/MT/ST)
### 5. Amount of Loan Sanctioned Rs. ###
6. Rate of Interest
### 7. Particulars of Security (Documents Title Deeds etc., deposited by loanees) ###
8. Repayment Schedule
### 9. Details of Subsidy/Margin Money A. Subsidy (i) Agency:
(ii) Amount Rs.
B. Margin Money (i) Agency:
(ii) Amount: Rs.
(iii) Particulars of repayment
Date. Amount
### 10. Disbursement of Loan Date: Amount
### 1. ###
2.
### 3. ###
4.
Signature of the Manager/Competent Authority of Financial Institution with seal.
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Date
|
Particulars
|
Challan No. & Date
|
Principal
|
Date
|
Interest
|
Details of Documents Title deed etc. returned
|
Signature of Bank Official
|
|
|
|
|
|
Debit
|
Credit
|
Balance
|
|
Debit
|
Credit
|
Balance
|
|
|
|
1.2.3.4.5.6
|
|
|
|
|
|
|
|
|
|
|
|
|
Note- 1. Under Particulars of Security, the Survey No.which is financed should be indicated.
### 2. In case of crop loan, indication of the crop particulars should be furnished. (Like this Required Number of Sheets may be Added)
IV. Particulars of Sanction, Disbursal and Repayment of S.A.O. Loans
| | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Year
|
Date of sanction of loan
|
Amount of loan sanctioned
|
Date of disbursal
|
Amount disbursed
|
Interest[accrued]
[Corrected by Memo. No. 120010/D.O.(A&R)/88-2, Revenue (A&R) 8-8-1989. ]
on the loan
|
Total Amount to be paid
|
Date of repayment
|
Amount repaid
|
Amount in Col. 7 credited to
|
Balance Payable
|
Signature of Officer of the Credit Agency
|
|
Interest
|
Principal
|
Interest
|
Principal
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8(a) |
8(b) |
9(a) |
9(b) |
10
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Government of Andhra Pradesh
Pattadar Pass Book
(See Rule 26)
| |
| --- |
|
{|
|
|
Khata/Pass Book No.
|
| {|
|-
| Part-IVLand Revenue & Loans DCB
Particulars
|}
|-
| 1. Name of the Cultivator with
father's/husband's Name and Address2. Whether SC or ST or BC
whether Small/Marginal Farmers3. Village in which lands are
situated4. Revenue Mandal5. Revenue Division6.
District7. Original entries made as on (Date) | {|
|-
| Photo
|}
Photo of
Pattadar(It should be attested by Mandal Revenue Officer with
seal)
|}
| | | |
| --- | --- | --- |
|
Signature or thumb impression of Pattadar
|
[Village Administrative Officer]
[Substituted for "Signature of the Village Assistant" by G.O.Ms. No.36 Revenue dated 15-1-1994.]
|
Signature of Mandal Revenue Officer Office Seal & Date
|
I. Land Revenue - D.C.B. Particulars
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Demand
|
Total
|
Date
|
Collections
|
Receipt No. and Date
|
Balance
|
Village Administrative Officer
|
Remarks
|
|
Arrears at the beginning of
|
Current during
|
Arrears
|
Current
|
Total
|
|
Arrears
|
Current
|
Total
|
|
1 Fasli 13
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
1.2.3.4.5.6.7.
|
|
|
|
|
|
|
|
|
|
|
|
|
(Like this Required Number of Sheets may be Added)
II. Details of Loans
Name of the Borrower with Father's/Husband's Name and Address and IRDP Identification Number, if any:
### 1. Name of the Financial Institution: ###
2. Loan Account No.and Date
### 3. Purpose of Loan ###
4. Type of Loan: (LT/MT/ST)
### 5. Amount of Loan Sanctioned Rs. ###
6. Rate of Interest
### 7. Particulars of Security (Documents) (Title Deeds etc., deposited by loanees)
### 8. Repayment Schedule ###
9. Details of Subsidy/Margin Money
A. Subsidy (i) Agency:
(ii) Amount: Rs.
B. Margin Money (i) Agency:
(ii) Amount Rs.
(iii) Particulars of repayment
Date: Amount
### 10. Disbursement of Loan Date: Amount
### 1. ###
2.
### 3. ###
4.
Signature of the Manager/Competent Authority of Financial Institution with seal.
III. Particulars of Repayment of Loans:
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Date
|
Particulars
|
Challan No. & Date
|
Principal
|
Date
|
Interest
|
Details of Documents Title deed etc. returned
|
Signature of Bank Official
|
|
Debit
|
Credit
|
Balance
|
Debit
|
Credit
|
Balance
|
|
12.3.4.5.6.
|
|
|
|
|
|
|
|
|
|
|
|
|
Note- 1. Under Particulars of Security, the Survey No.which is financed should be indicated.
### 2. In case of crop loan, indication of the crop particulars should be furnished. (LIKE THIS REQUIRED NUMBER OF SHEETS MAY BE ADDED)
V. Particulars of Sanction, Disbursal and Repayment of S.A.O. Loans
| | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Years
|
Date of Sanction of loan
|
Amount of loan Sanctioned
|
Date of disbursal
|
Amount disbursed
|
Interest[accurred]
[corrected by Memo. No. 120010/D.0 (A&R)/88-2,Revenue(A&R)8-8-1989. ]
on the loan
|
Totsl Amount to be paid
|
Date of repayment
|
Amount repaid
|
Account in Col. 7 credited to
|
Balancce Payble
|
Signature of officer of the Credit Agency
|
|
Interest
|
Principal
|
Interest
|
Principal
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8(a) |
8(b) |
9(a) |
9(b) |
10
|
|
|
Government of Andhra Pradesh
Pattadar Pass Book
(See Rule 26)
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Demand
|
Total
|
Date
|
Collections
|
Receipt No. and Date
|
Balance
|
Village Administrative officer
|
Remarks
|
|
Arrears beginning of current during
|
Arrears
|
Current
|
Total
|
Arrears
|
Current
|
Total
|
|
FASLI 13
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
|
1.2.3.4.5.6.7.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(Like this Required Number of Sheets may be Added)
Particulars of Sanction,Disbursal and Repayment of S.A.O.Loans
| | | | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Year
|
Date of sanction of loan
|
Amount of loan sanctioned
|
Date of disbursal
|
Amount disbursed
|
Interest[accrued]
[Corrected by Memo. No. 120010/D.O.(A&R)/88-2, Revenue (A&R) 8-8-1989. ]
on the loan
|
Total Amount to be paid
|
Date of repayment
|
Amount repaid
|
Amount in Col. 7 credited to
|
Balance Payable
|
Signature of Officer of the Credit Agency
|
|
Interest
|
Principal
|
Interest
|
Principal
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8(a) |
8(b) |
9(a) |
9(b) |
10
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Form XV
(Sub-Section (2) of Section 6-D and Rule 27)
[Declaration by Landless Person/Tenant/Mortgagee/Occupant in Inam Land]
[The title substituted for 'Declaration of Landless Person/Marginal Farmer/Small Farmer' by G.O.Ms. No. 36, Revenue dated 15-1-1994. ]
To
The Sub-Registrar,
.............................
Sir,
I, .................... S/o/D/o/W/o .................... R/o .................. (Mandal) declare as required under sub-section (2) of Section 6-D of A.P. [Rights in Land]
[Substituted by ibid. ]
and Pattadars Pass Books Act, 1971 that I am a landless person/tenant/mortgagee [occupant in Inam Land]
[Added by ibid. ]
that I have not been issued [Title Deed and Pattadar Pass Book]
[Substituted by ibid. ]
and that I intend to purchase the Agricultural Lands from Sri/Smt. .................... S/o/D/o/W/o ..................... R/o ....................... (Mandal) by a registered document duly signed by him.
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Mandal
|
Village
|
Sy.No.
|
Sub-Division No. if any
|
Classification
|
Area
|
Assessment Remarks
|
Amount of Consideration paid in part/full
|
|
Paid in part/full
|
|
|
|
|
|
|
Wet
|
Dry
|
Id
|
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
|
|
There are no amounts due to Government in respect of the land.
The amounts of Rs. ............... due to the Government/Credit Agency in respect of the land towards Land Revenue/Watercess/Taccavi Loans/Mortgage Loans (here mention the item against which the amount is outstanding) has been paid and clearance obtained.
The alienation or transfer is not in contravention of the provisions of the A.P.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 and the Urban Land (Ceiling and Regulations) Act, 1976 and the A.P.Assigned Lands (Prohibition (of Land Transfer)Act, 1977.
Name of the witness if any
should be mentioned here:
### 1. ###
2.
I request you to intimate the fact to the Mandal Revenue Officer so that he may issue in my name a pass book in Part' and send it to you to record the sale transaction after which the Mandal Revenue Officer will issue the Pass Book to me after collecting the necessary fees.
Signature:
Name:
Address:
Form XVI
[See Rule 27(2) ]
Name of the Revenue Mandal .................
Division .................
District ...................
Register showing the Particulars of Registered Documents or Intimation received in Mandal Revenue Officer's Office front Sub Registrar
(For the Year ................)
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of
Registration Office
|
Registered
Document No. intimation No. with date
|
Date of
receipt of intimation in MRO Office
|
Name of
Purchaser with address
|
Name of
transferrer with address
|
Value of
Agricultural lands under transaction, in conformity to the basic
valuation Register in Sub-Registrar Office
|
Particulars of
Agricultural landed property
|
Date of
Incorporation in ROR Record
|
Pattadar Pass
Book if any issued
|
|
Name of
Village in which property situated
|
Sy.No. -
Sub-Division No. - Khata No. - P.P. Book No.
|
Classification
of land
|
|
DRY
|
WET
|
Area Extent
|
Assessment
|
|
Irrigated/Dry
|
Single/double
crop
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Note:- This is a permanent Register to be maintained in M.R.O's Office and to be reconciled with Sub-Registrar's Office once in a year.
Form XVII
[See Rule 26(5) ]
Name of the District:
Name of the Division:
Name of the Mandal:
Name of the Village :
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
1 Sl.No.
|
Sy.No./Sub-Division No.
|
[Sl.Nos]
[Corrected by Memo. No. 120010/D.O. (A&R)/88-2,Rev (A&R) 8-8-1989, ]
in Form 1B in which this S.No./Sub-division appears
|
Corresponding Name of the person (with
father's/husband's name in Form I-B)
|
Category of the person
(Pattadar/tenant/mortgagee)[Occupnt in Inam Land]
[Added by G.O.Ms.No. 36, Revenue dated 15-1-1994. ]
as pr I-B
|
Patta or Khata No. assigned
|
Pass Book part & Serial No. Issued
|
Acknowledgement with date & Signature
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
Form XVIII
(See Rule 32)
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl.No.
|
2 Name of the Village
|
[Sy.No.]
[Corrected by Memo. No. 120010/D.O.(A&R)/88-2, Revenue (A&R) 8-8-1989. ]
/Sub-Division No.
|
Claim in the suit
|
Party filling the suit & his address
|
Corresponding SI.No. in the Record of Rights
|
Name of the person having the rights as per
R.O.R. & his address
|
Decision of the Court & date of decision
|
Date of implement of the decision of the Court in
R.O.R.
|
Dated Signature of the M.R.O.
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
|
|
|
|
|
|
|
|
|
|
65bacbf3ab84c7eca86ec87f | acts |
State of Jammu-Kashmir - Act
------------------------------
The Prevention of Rum Rasum Act, 1997
---------------------------------------
JAMMU & KASHMIR
India
The Prevention of Rum Rasum Act, 1997
=======================================
Act 1 of 1997
---------------
* Published on 28 March 1940
* Commenced on 28 March 1940
The Prevention of Rum Rasum Act, 1997
(Act
No. 1 of 1997
)
[Received the assent of His Highness the Maharaja Bahadur on 28th March, 1940/16th Chet, 1996, and published in the Government Gazette dated 21st Baisakh, 1997.]
An Act for the prevention of Rum Rasum.
Preamble. - Whereas it is expedient to provide for the prevention of the custom known as Rum Rasum in the Jammu and Kashmir State; It is hereby enacted as follows :-
### 1. Short title.
- This Act may be called the Prevention of Rum Rasum Act, 1997.
### 2. Extent.
- It extends to the whole of the Jammu and Kashmir State.
### 3. Definition.
- "Rum" means the consideration which the parents, relatives or guardians or a female receive in lieu of the marriage or betrothal of such female from the bridegroom, his relations or guardians either in cash or in the form of movable or immovable property;
"betrothal" means the engagement of a female to a male for marriage or promise to marry.
Explanation. - Wari or any other customary presents made at the time of marriage or betrothal to the girl or her relations shall not be included in Rum.
### 4. Punishment.
- Whoever receives or abets the taking of Rum from any person in connection with any betrothal or marriage shall be sentenced to imprisonment of either description which may extend to one year, or fine not exceeding five hundred rupees, or both.
### 5. An offence under this Act shall be bailable but not cognizable and [a Judicial Magistrate]
[Substituted by Act XL of 1966.]
shall have Jurisdiction to try it.
|
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